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· 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 CourtListener

Sourced 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.