· 7/19/1973
Dungan v. Superior Court in & for County of Pinal
Citations
- 512 P.2d 52
- 20 Ariz. App. 289
- 1973 Ariz. App. LEXIS 706
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that trial courts should exercise their discretion in favor of allowing defendants to participate in default hearings
- the hearing on damages must be more than “a one-sided presentation by the party seeking the default judgment”
- defaulted defendant in Rule 55(b)(2) hearing should be permitted “to cross-examine and even present counterproof’
- default establishes defendant’s liability, but “does not relieve plaintiff from putting on proof as to the extent of his damages”
- \we do not construe this rule to mean that a 'hearing' ipso facto means a one-sided presentation by the party seeking the default judgment.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Hathaway, Krucker, Howard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.