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Current as of January 01, 2025 | Updated by Findlaw Staff
A. If no request for hearing date is filed within the time provided by § 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 § 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.
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.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 12. Courts and Civil Proceedings § 12-2408. Default - last updated January 01, 2025 | https://codes.findlaw.com/az/title-12-courts-and-civil-proceedings/az-rev-st-sect-12-2408/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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