Responding to an Arizona complaint: 20 days — and a 10-day grace period built into the default rule

Arizona's answer deadline is unremarkable. Its default rule is not — Rule 55(a)(1) contains a ten-day window in which a defaulting party can still fix the problem unilaterally.

Twenty days to answer

Ariz. R. Civ. P. 12(a)(1)(A): unless another time is specified by rule or statute, a defendant or third-party defendant must file and serve an answer or other responsive pleading:

(i) within 20 days after being served with the summons and complaint, except as otherwise provided in Rules 4.2(d)(3) and (m); or (ii) if it has timely waived service under Rule 4(f), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant or third-party defendant outside any judicial district of the United States.

The waiver track mirrors the federal Rule 4(d) structure, with the same 60/90 split. Rule 12(a)(1)(B) puts an answer to a counterclaim or crossclaim on the same 20 days.

The exceptions in Rule 4.2 cover out-of-state and out-of-country service, which carry their own periods.

Ten days after a Rule 12 motion

Ariz. R. Civ. P. 12(a)(2): unless the court sets a different time, filing and serving a Rule 12 motion alters the period:

(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be file [sic] and served within 10 days after notice of the court's action; or (B) if the court grants a motion for a more definite statement, the responsive pleading must be filed and served within 10 days after the more definite statement is served.

Ten days, matching Massachusetts and shorter than the federal 14 or North Carolina's 20.

Rule 12(b) follows the familiar structure — every defense must be asserted in the responsive pleading if one is required, but the enumerated defenses may be raised by motion, and a motion asserting them must be made before pleading.

The default rule's grace period

This is Arizona's distinctive provision. Ariz. R. Civ. P. 55(a)(1):

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.

Read that second sentence carefully. Filing an answer inside the ten days doesn't merely give the court discretion to excuse the default — it prevents the default from taking effect at all, and removes the court's power to enter a default judgment.

No motion. No showing of good cause. No excusable neglect. Just a responsive pleading, filed in time.

Nothing else in the systems this site covers works that way. Federal Rule 55, Ohio Civ.R. 55, N.C. Rule 55 and Washington CR 55 all give a party who has appeared advance notice of the application — 7, 7, 3 and 5 days respectively — but the default still takes effect and undoing it requires a motion. Arizona's grace period is automatic and self-executing.

What the application has to contain

Ariz. R. Civ. P. 55(a)(2): a party requesting entry of default must file a written application that:

• identifies the party claimed to be in default;
• states that the identified party has failed to plead or otherwise defend within the time allowed;
• provides the last-known mailing address for the identified party;

and the rule continues with the notice requirements.

Notice — Rule 55(a)(3). The application must be mailed or transmitted to the party claimed to be in default, and where that party is known to be represented, to the attorney. The rule adds a limit worth noting: the applicant "is not required to make affirmative efforts to determine the existence or identity of an attorney representing the party claimed to be in default."

Timing of notice — Rule 55(a)(3)(C). Any required notice "must be mailed or transmitted on the date that the application is filed, or as soon as practicable thereafter." The ten days and the notice start together.

Other parties — Rule 55(a)(3)(D). The application must be served on all other parties who have appeared, as Rule 5(c) provides.

After the ten days

Rule 55(b)(1) — judgment without a hearing: if the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the court may enter judgment on the plaintiff's motion with an affidavit showing the amount due, subject to the conditions the subdivision sets.

Rule 55(b)(2) covers cases needing a hearing, where the court may determine damages, take an account, establish the truth of an allegation by evidence, or investigate any other matter.

Rule 55(c) governs setting aside: the court may set aside an entry of default for good cause, and may set aside a default judgment under Rule 60(c) — Arizona's relief-from-judgment rule, which is lettered (c) rather than the federal (b).

Computing time — Rule 6

Ariz. R. Civ. P. 6(a) follows the standard structure: exclude the day of the triggering event; count every day; include the last day unless it falls on a Saturday, Sunday or legal holiday, in which case the period runs to the end of the next day that isn't one.

Rule 6(b) is the two-track extension rule — for good cause, on request made before the period expires, with or without motion or notice; or after expiry on motion where the party failed to act because of excusable neglect — subject to the usual exclusions.

Rule 6(c) adds time after service by certain means.

Because the post-motion period is 10 days and Arizona's short-period rules apply to periods measured in days, confirm whether weekends count before relying on a 10-day date.

How Arizona compares

A short checklist

1. Calendar 20 days from service — or 60/90 if you waived service under Rule 4(f).
2. If you file a Rule 12 motion, calendar 10 days from notice of the ruling.
3. If you're already late, check whether an application for entry of default has been filed. Rule 55(a)(1) gives you 10 days from that filing, and pleading inside it stops the default outright.
4. Watch the mail. Rule 55(a)(3)(C) requires the notice to go out on the filing date, so the envelope is your clock.
5. If default has become effective, Rule 55(c) is good cause for an entry, and Rule 60(c) for a judgment.

Where these rules live

• Ariz. R. Civ. P. 4 — Process
• Ariz. R. Civ. P. 4.1 — Service Within Arizona
• Ariz. R. Civ. P. 6 — Computing and Extending Time
• Ariz. R. Civ. P. 12 — Defenses and Objections
• Ariz. R. Civ. P. 55 — Default

The Arizona courts publish self-help material and forms at azcourts.gov/selfservicecenter. This page explains what the rules say. It isn't legal advice.