How long do out of state parties have to Answer a Complaint in Arizona?

Asked almost 3 years ago - Gilbert, AZ

I'm aware that parties have 20 calendar days to answer a complaint in Arizona, however, does that same time limit also apply to Defendants that were served out of state, or do out of state parties to a Complaint get 30 calendar days to file an Answer (assuming that there were no waivers filed at any point)? Also, if Defendants fail to Answer a complaint within the time limit and the Plaintiff files a motion for default entry, how does the Court determine the amount of damages in a personal injury case where the Plaintiff didn't enter a specific amount (other than stating that the damages are appropriate for the jurisdiction)? Is there a default hearing to determine damages?

Attorney answers (4)

  1. Geoffrey Trachtenberg

    Contributor Level 13

    7

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    Answered . Yes, you have 30 days per Rule 4.2(m), Ariz.R.Civ.Proc., to respond to a complaint when served outside the State of Arizona.

    Yes, if the damages are not stating in the Complaint, and sometimes even when they are, the Court will hold a hearing to determine damages. It is not a "default hearing," because by that time default will have already been established. It is simply a "damages hearing" where the plaintiff's put on basic damages evidence and request a judgment for the specific amount. Unless it is contested, the Court will generally accept reasonable requests at these hearings.

  2. Daniel Nelson Deasy

    Contributor Level 20

    4

    Lawyers agree

    Answered . While I am not licensed in Arizona, my colleague has nailed the Arizona law as it relates to the timing allowed an out of state defendant and default hearings. The process is similar across the counrty.

    I wanted to add a comment -- it a default hearing indeed takes place, if the out of state defendant comes in relatively soon thereafter to contest to findings, there is a chance the court would re-open the case and vacate the default judgment.

    Best of luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You have thirty days. Good luck.

    Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.
  4. Chad Guevara Boonswang

    Contributor Level 14

    3

    Lawyers agree

    Answered . 30 days to answer.

    Free Consultation. 1-800-330-2274

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury lawsuits

Personal injury lawsuits allow an injured person to seek compensation for the injury, either by court decision or through a settlement.

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