U-Totem Store v. Walker

OPINION

HOWARD, Judge.

May a defendant who seeks to set aside a default depose the plaintiff for the purpose of securing evidence to demonstrate a meritorious defense? We hold that he may— that discovery for the purpose of satisfying the meritorious defense requirement is not precluded by the entry of default.

This court has jurisdiction to entertain this petition and to grant the relief requested by virtue of A.R.S. § 12-120.-21(A)(3). Although appellate intervention by way of extraordinary relief is not routinely exercised in discovery matters, Jolly v. Superior Court of Pinal County, 112…