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Last Post 01 May 2023 05:12 PM by  State Bar of Arizona
R-23-0030 Rule 55(b), Arizona Rules of Civil Procedure
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Kevin Morrow
New Member
Posts:2 New Member

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10 Jan 2023 04:55 PM
    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.
    Attachments
    State Bar of Arizona
    Basic Member
    Posts:141 Basic Member

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    01 May 2023 05:12 PM
    Comment of the State Bar of Arizona

    Lisa M. Panahi
    Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    602-340-7236
    [email protected]
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