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.