12-2408
|
12-2408. Default A. If no request for hearing date is filed within the time provided by section 12-2407, the party seeking any provisional remedy, or that party's attorney, shall file an affidavit of default setting forth that service was made, that no request for hearing date was filed and that the party against whom any provisional remedy is sought is in default. Such party, or that party's attorney, shall also file a proposed form of the written order required by section 12-2409, subsections B and C. Upon filing of such affidavit, the clerk shall enter the default of record and any party so defaulted loses such party's right to a hearing. B. If the action is pending in superior court, the clerk upon entry of default shall immediately deliver the court file to the judge to whom the matter is assigned. C. If the action is pending in justice court, the clerk shall upon entry of default immediately deliver the court file to the justice of the peace. |