Arizona Clauses Relating to Defaults, Default Remedies
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FAQ
Arizona has a six-year statute of limitations to enforce installment debt created by a written contract, which is codified at A.R.S. § 12-548. A lender must enforce the debt through foreclosure or a lawsuit within six years after the cause of action accrues.
To ask the judge to set aside your default judgment, you must file a ?motion? (a formal written request) with the court.
Rule 54(b) applies when a judgment has been entered ?as to one or more but fewer than all of the claims or par- ties.? So if a party has been dismissed with a dispositive motion, or if one of the claims is knocked out, but other parties or claims remain alive in the action, Rule 54(b) language must be included in the ...
Here Rule 55(a)(1)(ii) of the Arizona Rules of Civil Procedure specifically provides that when the plaintiff seeks a default against a party ?known to be represented by an attorney whether or not that attorney has formally appeared? the notice must be sent to that attorney.
A default judgment entered under Rule 55(b)(1) may include an award of reasonable attorney's fees if the claim states a specific sum of attorney's fees that will be sought if judgment is rendered by default, and: (i) the amount of the award is supported by affidavit; (ii) the award is allowed by law; and (iii) the ...
Records. The clerk of the district court must keep records of criminal proceedings in the form prescribed by the Director of the Administrative Office of the United States Courts. The clerk must enter in the records every court order or judgment and the date of entry.
Rule 50(b) allows the court to reserve decision on the question of law until after the case has been submitted to the jury and it has reached a verdict or is unable to agree. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.
On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to ...