Kevin M. Morrow
2155 S. 55th Street, #2022
Tempe, AZ 85282
[email protected]
805-410-2933
AZ Bar # 034697.

The proposed amendment to Rule 55(b) seeks to (1) clarify an ambiguity that has resulted from the 2017 restyling of the rules and the elimination of a prior amendment to Rule 55(b) and (2) make clear that notice and a default judgment hearing is not required in a case seeking a “sum certain” in which the defendant has been defaulted for failing to plead or otherwise defend, even if the defendant enters an appearance prior to the entry of a default judgment.

Filed: January 10, 2023

Would amend Rule 55(b) of the Rules of Civil Procedure to resolve a conflict between the rule and a rule comment, and to clarify that notice and a default judgment hearing is not required in a case seeking a “sum certain” in which the defendant has been defaulted for failing to plead or otherwise defend, even if the defendant enters an appearance before the entry of a default judgment.

Comments must be submitted no later than Monday, May 1, 2023.
Any reply by a petitioner must be submitted no later than Thursday, June 1, 2023.