Sunday, October 6, 2013

Default Order With A Hearing

In an establishment for Paternity or Legal Decision-Making, the Petitioner, the party initiating the case, is required to attend a hearing to obtain the default order. 

Step 1: Initiating the Case

All cases start the same by initiating the action. The initial documents are prepared, reviewed, revised and signed by the Petitioner, the person initiating the case, and filed with the Court. The Petitioner will either pay the required filing fee, or file an application to defer or waive the filing fee, at the time of filing the initial documents.

Step 2: Service

The next step is to serve the documents filed with the Court. Service is accomplished by one of the following methods:

Process Server
Acceptance of Service
Certified Mail and an Affidavit of Service by Certified Mail 
Publication (used as a last resort when you cannot locate the other party for service) 

Step 3: Wait for the Response Time to Pass

The other party has either 20 days to respond (if served in Arizona) or 30 days to respond (if served outside of Arizona).

Step 4: File an Application and Affidavit of Default

If the other party, the Respondent, does not respond within the appropriate time period, the next step in this process is to file an Application and Affidavit of Default. This document is filed with the Court and a copy mailed to the other party. The other party has 10 additional business days to file a response and pay their filing fee, or have it deferred or waived. If they fail to do so, an automatic entry of default will be entered against them. 

Step 5: Parenting Class

A parenting class is required to be taken in accordance with the Order and Notice to Attend Parent Information Program Class, filed with the initial case documents, within 45 days from the date the Respondent is served with, or accepts service, of the Petition.

Step 6: Schedule the Default Hearing

Once the 10 business days have passed after filing the Application and Affidavit of Default, the default hearing may be scheduled either online or by phone.

Step 7: Prepare for the Default Hearing

The Default Order and other required documents are prepared and/or the proper number of copies made. A self-addressed, stamped envelope for the other party is prepared, unless service was accomplished by publication.

Step 8: Attend the Default Hearing

The final step in obtaining a default order is to attend the hearing. At the conclusion of the hearing, the default order is signed by the Default Commissioner and filed with the Court. A set of the documents are provided to the Petitioner and a set mailed to the Respondent.

The information provided is based on Arizona family court procedures. This information is strictly informational and not legal advice. If legal advice is required, please consult with an attorney. Arizona Legal Document Services, L.L.C. has references available for family law attorneys.

You may contact us at 480-307-9306 or 602-595-7478 or visit our website arizonalegaldocs.comWe are located at the Court Center, 1837 S. Mesa Dr., C100, Mesa, Arizona 85210 and at 2916 N. 7th Avenue, Phoenix, Arizona 85013.

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