Free TR CV Motion to Set Aside Default packet.PDF - Arizona

MARICOPA COUNTY JUSTICE COURT

If you want to file a...

MOTION TO SET ASIDE A DEFAULT
Civil Traffic

MARICOPA COUNTY JUSTICE COURT

If the court has imposed a default judgment against you in a civil traffic case and if you believe you have a defense of your failure to appear or failure to comply, you may file a MOTION TO SET ASIDE DEFAULT JUDGMENT. Now is not the time to explain your allegations or defenses of your civil traffic violation, you should only address why the default judgment should be vacated. If the judge grants your motion to set aside the default, then you will be given opportunity to address the original civil traffic violation. You may admit responsibility with an explanation or you may deny responsibility and request a hearing.

Please STOP...
If there has not yet been a default judgment entered.

Please PROCEED...
If you want to court to vacate the judgment rendered.

FORMS Needed:
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Motion to Set Aside Default Judgment

MARICOPA COUNTY JUSTICE COURT

INSTRUCTIONS:
1)

2) 3)

Complete the form and make copies. The court will require the original form. You may wish to have a copy and you will need a copy for the other party. File the form with the court clerk. Mail a copy to the other party by regular first class mail.

IT IS IMPORTANT THAT ALL PARTIES KEEP THE COURT APPRISED OF ANY CHANGE IN ADDRESS A NOTICE OF CHANGE OF ADDRESS form must be filed with the court when a party changes their address.

Visit us at www.superiorcourt.maricopa.gov/justicecourts for additional filing information and online forms.

Maricopa County Justice Courts, State of Arizona
CASE NUMBER: ______________________________

STATE OF ARIZONA

vs.

______________________________ ______________________________ ______________________________
Defendant Name / Address

MOTION TO SET ASIDE DEFAULT JUDGMENT . Defendant asks the court to set aside the default judgment entered herein. I did not appear in court because:

At this time I intend to: Plea RESPONSIBLE / NO CONTEST with an explanation (see explanation). Plea NOT RESPONSIBLE and request a hearing. Show proof of INSURANCE / REGISTRATION / DRIVER'S LICENSE. Date ______________ __________________________________Defendant ORDER The Court, having considered the above motion, enters its ORDER as follows: The motion is denied. The judgment stands as entered. Good cause appearing, the motion is granted. The judgment is set aside. The civil penalty and any fee imposed is also set aside. A hearing on the motion is scheduled for _____________ at ____ A.M. / P.M. IT IS FURTHER ORDERED _________________________________________. Date _________________ ____________________________________ Justice of the Peace

I CERTIFY that I mailed / delivered a copy of this ORDER to: Defendant at the above address or Defendant's Attorney Date: ____________________
8150 ­ 504 R:03-0

By: __________________________________________(Clerk)