Rule 44.2.Default Decree or Judgment by Hearing

Where Rule 44.1's paper track is unavailable, Rule 44.2 supplies the hearing. A party may request one, or the court may order it.

Notice

If the defaulted party has appeared in the matter, that party -- or their representative -- must be served under Rule 43 with written notice of the hearing not later than 3 days before it.

What the default establishes, and what it does not

A defaulted party is deemed to have admitted every material allegation of the petition. But the rule immediately qualifies it: if a defaulted party appears, the court must allow that party to participate in the hearing to determine what relief is appropriate or to establish the truth of any statement. Default concedes the allegations; it does not concede the remedy, and it does not bar the defaulted party from the courtroom.

Past child support needs its own notice

The court will not enter a default judgment for child support accruing before the filing date of a petition to establish the first support order unless the party seeking support has already told the party in default -- in the petition or in the Rule 44(a)(3) notice -- of the time period for which past support is sought and that the amount will be calculated by retroactive application of the Arizona Child Support Guidelines. A defaulting parent must be able to see the exposure before it is entered.

Publication cases get a closer look

Where service was by publication and no response was filed, a decree may be entered as provided under Rule 41(m) -- but the court must keep a verbatim record of the hearing and inquire into the steps the petitioner took to satisfy due process: notice reasonably calculated to reach the respondent, and the best practicable notice in the circumstances. The court tests the service rather than assuming it.

As under Rule 44.1, the party obtaining the decree must certify that they will mail a copy to the defaulted party's last known address within 3 days of receiving it.