2.2 Judgment by default by motion or hearing.
| Jurisdiction | Arizona |
2. Judgment by default by motion or hearing.
RULE:
After default has been entered by the clerk, can obtain default judgment by hearing or motion. To obtain default judgment by motion, must have alleged “sum certain” in complaint, counterclaim, etc. Otherwise, must proceed with a hearing on damages. In Family Law cases, can only obtain default by motion if no minor children and no request for spousal maintenance.
Source:
Rule 55(b), ARCP; Rule 44(B), ARFLP.
>> NOTE: If defaulting party appears after entry...
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