Arizona Laws 12-2408. Default
A. If no request for hearing date is filed within the time provided by section 12-2407, the party seeking any provisional remedy, or that party’s attorney, shall file an affidavit of default setting forth that service was made, that no request for hearing date was filed and that the party against whom any provisional remedy is sought is in default. Such party, or that party’s attorney, shall also file a proposed form of the written order required by section 12-2409, subsections B and C. Upon filing of such affidavit, the clerk shall enter the default of record and any party so defaulted loses such party’s right to a hearing.
Terms Used In Arizona Laws 12-2408
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Party: means any plaintiff or defendant in any civil action, in any superior or justice court of this state. See Arizona Laws 12-2401
- Provisional remedy: means the remedies of attachment, garnishment or replevin, but shall not include garnishment of wages. See Arizona Laws 12-2401
B. If the action is pending in superior court, the clerk upon entry of default shall immediately deliver the court file to the judge to whom the matter is assigned.
C. If the action is pending in justice court, the clerk shall upon entry of default immediately deliver the court file to the justice of the peace.