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Rule 44.Default

Part V. Default Decree and Consent Decree, Judgment, or Order; Dismissal · Last amended January 1, 2021 · Last verified September 4, 2026

In one sentenceRule 44 sets out how to apply for a default, what notice must go out, and the ten-day window in which the defaulting party can still file a response and stop the default from taking effect.

Full Text of Rule 44

Text sizeJump to: (a) (b) (c) (d)

(a) Application for Default.
(1) Generally. If a party against whom a decree or a judgment for affirmative relief is sought fails to respond, the party seeking relief may file an application for default.
(2) Application. A party seeking default must file a written application that:
(A) states the name of the party against whom default is sought;
(B) states that the party has failed to respond within the time allowed by these rules;
(C) provides the last known mailing address for the party claimed to be in default, or states that the party requesting the default does not know the whereabouts of the party in default;
(D) identifies an attorney known to represent the party in default, either in the action in which default is sought or in a related matter, whether or not the attorney has formally appeared, or does not know the identity and address of any such attorney;
(E) establishes that service of process has been effectuated by either (i) attaching a copy of the proof or acceptance of service on the party in default, or (ii) if proof or acceptance of service appears in the court record, by setting forth in the application the date and manner of service on the party in default; and
(F) attaches a form substantially similar to Form 6, Rule 97, Default Information for Spousal Maintenance, if the party seeks spousal maintenance and chooses to proceed by motion without a hearing.
(3) Notice. The party applying for default must provide notice as follows:
(A) To the Party. If the party requesting default knows the whereabouts of the party in default, a copy of the application for default must be mailed to the party in default, even if the party is represented by an attorney who has entered an appearance in the action.
(B) To the Attorney. If the party requesting default knows that the party in default is represented by an attorney either in the action in which default is sought or in a related matter, a copy of the application also must be mailed to that attorney, whether or not that attorney has formally appeared in the action. A party requesting default is not required to make affirmative efforts to determine the existence or identity of an attorney representing the party in default.
(C) Time of Notice. The notice required under subpart (a)(3)(A) or (B) must be mailed on the date that the application is filed, or as soon as practicable after its filing.
(D) To Other Parties. An application for default must be served on all other parties who have appeared in the action.
(4) A Default's Effective Date. A default is effective 10 days after the application for default is filed.
(5) A Default is not Effective. A default will not become effective if the party in default responds within 10 days after the application for default is filed.
(b) Setting Aside a Default or a Final Default Judgment. The court may set aside a default for good cause, and it may set aside a final default judgment under Rules 83 or 85.
(c) Judgment Against the State. The court may enter a default judgment against the State of Arizona or one of its officers or agencies only if, after a hearing, a party establishes a claim or right to relief by evidence that satisfies the court.
(d) Party Status. The provisions of this rule apply whether the party entitled to the judgment by default is a petitioner or respondent.
End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended Aug. 26, 2020, effective Jan. 1, 2021.

Plain-English Summary

Default in Arizona family court is not entered by the clerk on request. It is applied for, noticed, and then takes effect on its own after a waiting period -- and the waiting period is what makes the rule work.

The application

A written application must name the party in default, state that the party failed to respond in time, give that party's last known mailing address (or state that it is unknown), identify any attorney known to represent the party whether or not that attorney has appeared and in the case or a related matter (or state that none is known), and establish service by attaching the proof or acceptance of service or setting out the date and manner if it is already in the record. If spousal maintenance is sought by motion without a hearing, the application must attach Form 6 from Rule 97.

Notice

A copy must be mailed to the party in default if that party's whereabouts are known even if the party is represented by an attorney who has appeared. A copy also goes to any attorney known to represent the party, again whether or not the attorney has formally appeared -- though the applying party is not required to make affirmative efforts to find out whether such an attorney exists. Notice must be mailed on the day the application is filed or as soon as practicable, and the application must be served on all other parties who have appeared.

The ten-day window

A default becomes effective 10 days after the application is filed -- and it will not become effective if the party responds within those 10 days. This is the heart of the rule. Filing the application starts a clock rather than closing a door, and a late response filed inside the window defeats the default entirely.

Setting aside

The court may set aside a default for good cause. Setting aside a final default judgment is harder and goes to Rule 83 or Rule 85. A default judgment against the State or its officers or agencies requires a hearing at which a party establishes the claim by evidence that satisfies the court.

Section (d) closes the obvious gap: the rule applies whether the party entitled to judgment by default is the petitioner or the respondent.

Frequently Asked Questions

How soon after an application does a default take effect?

Rule 44(a)(4) makes a default effective 10 days after the application for default is filed.

Can I stop a default by responding late?

Yes, if you are quick. Rule 44(a)(5) says a default will not become effective if the party in default responds within 10 days after the application is filed.

Must the application be mailed to me if I have a lawyer?

Yes. Rule 44(a)(3)(A) requires a copy to be mailed to the party in default even if that party is represented by an attorney who has entered an appearance.

Does the applying party have to hunt for my lawyer?

No. Rule 44(a)(3)(B) requires notice to an attorney the applying party knows about, in this case or a related matter, whether or not that attorney has appeared -- but expressly does not require affirmative efforts to determine whether such an attorney exists.

What is the standard for setting aside a default?

Rule 44(b) allows the court to set aside a default for good cause. A final default judgment is set aside under Rule 83 or Rule 85 instead.

Can a default judgment be entered against the State?

Only after a hearing. Rule 44(c) permits it only if a party establishes a claim or right to relief by evidence that satisfies the court.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text
Also known as: defaultapplication for default10 dayssetting aside a defaultfailure to responddefault noticeForm 6