Rule 55. Default;  Default Judgment

(a) Entering Default

(1) Generally If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided in these rules, default may be obtained under the procedures set forth in this rule. Default is effective 10 days after an application for entry of default is filed under Rule 55(a)(2). If, within those 10 days, the party claimed to be in default pleads or otherwise defends as provided in these rules, default does not become effective, and the court may not enter a default judgment against that party.

(2) Application for Entry of Default A party requesting entry of default must file a written application that:

(A) identifies the party claimed to be in default;

(B) states that the identified party has failed to plead or otherwise defend within the time allowed by these rules;

(C) provides the last-known mailing address for the identified party or states that no such mailing address is known;

(D) identifies any attorney known to represent the identified party in the action in which default is requested or in a related matter, or states that no such attorney is known;

(E) attaches a copy of the Rule 4(g) proof of service, establishing the date and manner of service on the party claimed to be in default; and

(F) includes the following language in bold font of no less than 13-point typeface: “Under the authority of Arizona Rule of Civil Procedure 55(a)(2), an application has been filed requesting entry of default against [insert party name]. If [insert party name] pleads or otherwise defends within 10 days after the application is filed, default does not become effective, and the court may not enter a default judgment against that party. The 10-day period begins the day after the application is filed with the court, it does not include Saturdays, Sundays, or holidays, and no additional time is added for service by mail.”

(3) Notice Notice must be provided as follows:

(A) To the Party A party requesting entry of default must make a good faith effort to provide notice of the application for entry of default to the party claimed to be in default, even if the party claimed to be in default is represented by an attorney who has entered an appearance in the action. To comply with this obligation, the party requesting entry of default must mail a copy of the application for entry of default to the last-known mailing address for the party claimed to be in default. If the party requesting default has a reasonable belief that the party claimed to be in default can be contacted by email, that party must also transmit the application for entry of default by such means.

(B) To the Attorney for a Represented Party If the party requesting the entry of default knows that the party claimed to be in default is represented by an attorney in the action in which default is requested or in a related matter, that party must also mail and email a copy of the application to that attorney, whether or not that attorney has formally appeared in the action. A party requesting the entry of default is not required to make affirmative efforts to determine the existence or identity of an attorney representing the party claimed to be in default.

(C) Time of Notice Any required notice under Rule 55(a)(3)(A) or (B)must be mailed or transmitted on the date that the application is filed, or as soon as practicable thereafter.

(D) To Other Parties An application for entry of default must be served on all other parties who have appeared in the action, as provided in Rule 5(c).

(b) Default Judgment

(1) Default Judgment by Motion Without Hearing

(A) Generally If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the court--on the plaintiff's motion, with an affidavit showing the amount due and without a hearing--may enter judgment for that amount and costs against a defendant who has been defaulted for failure to plead or otherwise defend and who is not a minor, an incapacitated person, or an adult in need of protection.

(B) Fee Award--Specific Amount Stated A default judgment entered under Rule 55(b)(1) may include an award of reasonable attorney's fees if the claim states a specific sum of attorney's fees that will be sought if judgment is rendered by default, and:

(i) the amount of the award is supported by affidavit;

(ii) the award is allowed by law; and

(iii) the award does not exceed the amount demanded in the claim.

(C) Fee Award--No Specific Amount Stated If the claim requests an award of attorney's fees, but does not specify the amount of fees that will be sought if judgment is rendered by default, a default judgment entered under Rule 55(b)(1) may include an award of reasonable attorney's fees only if:

(i) an affidavit establishes the reasonable amount of the fee award;

(ii) the defendant has not entered an appearance in the action; and

(iii) the award is allowed by law.

(2) Default Judgment by Hearing

(A) Generally If Rule 55(b)(1) does not apply, the party must apply to the court for a default judgment.

(B) Default Against a Minor, an Incapacitated Person, or an Adult in Need of Protection A default judgment may be entered against a minor, an incapacitated person, or adult in need of protection only if the person's parent, conservator, or guardian--as specified in Rule 17(g)-- has appeared.

(C) Notice If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application for default judgment at least 3 days before the hearing. The notice must include the date, time, and place of the hearing.

(D) Hearings and Referrals The court may conduct hearings or make referrals--preserving any right to a jury trial--when, to enter or effectuate judgment, it needs to:

(i) conduct an accounting;

(ii) determine the amount of damages;

(iii) establish the truth of any allegation by evidence; or

(iv) investigate any other matter.

(3) Conformity with the Demand A judgment by default must not be different in kind from, or exceed in amount, that prayed for in a pleading's demand for judgment.

(c) Setting Aside a Default or a Final Default Judgment The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).

(d) Judgment Against the State A default judgment may be entered against the State of Arizona or one of its officers or agencies only if, after a hearing, the claimant establishes a claim or right to relief by evidence that satisfies the court.

(e) Plaintiffs, Counterclaimants, and Cross-claimants The provisions of Rule 55 apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a crossclaim or counterclaim.