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Rule 55 - Default; Default Judgment [Effective until January 1, 2024] (a)Entering a Default (1)Generally. If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided in these rules, default may be obtained under the procedures set forth in this rule.
Arizona Rule of Family Law Procedure 49 (Rule 49) requires both parties to share information in family law cases. It requires each party send to the other party a detailed statement with the specific positions the party proposes to resolve all issues.
A court must correct a clerical mistake or a mistake arising from oversight or omission if one is found in a judgment. The court may do so on motion or on its own, with notice.
Unless excused from doing so by the party or attorney serving a subpoena, by a court order, or by any other provision of this Rule 45, a person who is properly served with a subpoena must attend and testify at the date, time, and place specified in the subpoena.
An order issued without notice to the other party is known as an "ex parte order". Rule 48 of the Arizona Rules of Family Law Procedure governs when a Court may issue an ex parte emergency order.
Arizona Family Rule 48 does allow a person to seek emergency intervention from the court to suspend another parent's child access or legal decision-making (?LDM?) rights. Used properly, the process can shield a child from serious physical injury or psychological harm. It can also save a life.
Rule 48 - Stipulations on Jury Size and Verdict (a) Jury Size. The parties may stipulate to a jury of fewer than 8 but not fewer than 3 members, exclusive of any alternate jurors who are permitted to deliberate.
A Rule 11 hearing may be held when a defendant is suspected of being mentally incompetent. This hearing is granted when there is substantial evidence of mental incompetence. Doctors will determine the mental competency of the defendant at the hearing.