PROVISIONAL REMEDIES (ARCivP 64)
• To be set within five working days of the request for hearing.
• Very important that a copy of the request be provided immediately to the assigned judicial officer or the matter may not be set timely.
• Time requirements may be waived by the parties.
• Notice requirements: ARS §§ 12-2402 (without notice) and 12-2405 (with notice).
• Defendant may, within 10 days from the date of service of the Notice for Provisional Remedy, request a contested hearing. Upon which request, a hearing will be set within 5 judicial days, court’s calendar permitting. The request MUST be in writing.
• If no request for hearing made, plaintiff may file an Affidavit of Default – service made, no request for hearing filed by default, after which the assigned judicial officer may sign the Order of Provisional Remedy (ARS § 12-2408).
