How do I set aside a default judgment in Arizona?

1. Governing Rule. Ariz. R. Civ. P. 55(c) governs setting aside entry of default; Ariz. R. Civ. P. 60(b) governs relief from a default judgment.

2. Grounds. Rule 60(b): (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud; (4) judgment is void; (5) judgment satisfied or no longer equitable; (6) any other reason justifying relief.

3. Deadline. Rule 60(c): reasonable time, and within six months for grounds (1)-(3). Void judgments: any time, subject to laches.

4. Mandatory vs Discretionary. Discretionary; controlled by the three-prong test from Richas v. Superior Court, 133 Ariz. 512: (a) prompt filing; (b) excusable neglect; (c) meritorious defense.

5. Required Showing. Verified motion + affidavit demonstrating specific facts of the defense and reason for default; proposed answer attached.

6. Filing Procedure. Motion + supporting affidavits + proposed answer; certificate of service; request for oral argument if desired.

7. Bond / Conditions. Court may condition vacatur on payment of costs, fees, and reasonable attorney fees.

8. Appeal of Denial. Order denying a Rule 60(b) motion is appealable under A.R.S. § 12-2101(A)(2).

9. Collateral Attack. A judgment void for lack of jurisdiction may be attacked collaterally at any time.

This is legal information, not legal advice.