A.R.S. § 12-1839 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1839
12-1839 Jury trial
Status: in_force

12-1839. Jury trial

When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
A.R.S. § 12-333 — Arizona Code / Title 12 / Chapter 3 / Article 4 / Section 333
12-333 Disallowance as costs of charge for unrequired papers
Status: in_force

12-333. Disallowance as costs of charge for unrequired papers

A copy of a paper not required by law to be copied shall not be allowed and taxed as costs. If a party or attorney takes out copies of any pleadings or papers in an action, it shall be at his own expense, and a charge for the copies shall not be allowed as costs.
A.R.S. § 12-1218 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1218
12-1218 Report of commissioners when property incapable of fair division; sale; distribution of proceeds
Status: in_force

12-1218. Report of commissioners when property incapable of fair division; sale; distribution of proceeds

A. If the commissioners are of the opinion that fair and equitable division of the property or any part thereof cannot be made, they shall report such opinion to the court, stating their reasons therefor, and if the court approves such report, it shall order a sale of the property which is incapable of partition.

B. If on the trial of the action, it appears to the court that fair partition of the property cannot be made without depreciating the value thereof, or that for any reason a sale is more beneficial to the parties or any of them, it shall in the first instance, enter a judgment directing that the real property be sold.

C. The court shall appoint a commissioner to make the sale provided by subsection B and return the proceeds into court to be divided between the persons entitled thereto according to their respective interests.  Such commissioner shall sell the real property in the time and manner, and after notice, as directed by the court.

D. The purchaser shall, on production of his deed, be entitled to a writ of assistance to be issued by the clerk, commanding the sheriff or a constable of the county to put him in possession.
A.R.S. § 12-3102 — Arizona Code / Title 12 / Chapter 22 / Article 1 / Section 3102
12-3102 Application
Status: in_force

12-3102. Application

A. This chapter applies only to actual violations of the constitutional rights of a person or actual conflict with the laws of this state caused by the application of the foreign law.

B. This chapter does not apply to a corporation, partnership or other form of business association.
A.R.S. § 12-2233 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2233
12-2233 Clergyman or priest and penitent
Status: in_force

12-2233. Clergyman or priest and penitent

In a civil action a clergyman or priest shall not, without the consent of the person making a confession, be examined as to any confession made to him in his character as clergyman or priest in the course of discipline enjoined by the church to which he belongs.
A.R.S. § 12-559 — Arizona Code / Title 12 / Chapter 5 / Article 4 / Section 559
12-559 Definitions
Status: in_force

12-559. Definitions

In this article, unless the context otherwise requires:

1. "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution or other relief arising out of, based on or in any way related to asbestos including:

(a) The health effects of exposure to asbestos including a claim for:

(i) Personal injury or death.

(ii) Mental or emotional injury.

(iii) Risk of disease or other injury.

(iv) The costs of medical monitoring or surveillance.

(b) Any claim made by or on behalf of any person exposed to asbestos or a representative or a spouse, parent, child or other relative of the person.

(c) Any claim for damage or loss caused by the installation, presence, or removal of asbestos.

2. "Corporation" means a corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state.

3. "Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities, that is a successor and that became a successor before January 1, 1972 or is any of that successor corporation's successors.

4. "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or nonaccrued, liquidated or nonliquidated or due or to become due, that are related in any way to asbestos claims and that were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. Successor asbestos-related liabilities includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined pursuant to section 12-559.02, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, by a successor of the corporation or by or on behalf of a transferor, in connection with settlements, judgments or other discharges in this state or another jurisdiction.

5. "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
A.R.S. § 12-1611 — Arizona Code / Title 12 / Chapter 9 / Article 6 / Section 1611
12-1611 Renewal by action
Status: in_force

12-1611. Renewal by action

A judgment may be renewed by action thereon at any time within ten years after the date of the judgment, except that an action may not be brought to renew a judgment entered on or before August 2, 2013 that was not renewed on or before August 2, 2018.
A.R.S. § 12-713 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 713
12-713 Providers of emergency services; civil liability
Status: in_force

12-713. Providers of emergency services; civil liability

In the provision of 911 services, a person, a provider as defined in section 42-5251 or a public entity or any employee of the public entity is not liable for damages in any civil action for injuries, death or loss to a person or property that are incurred by any person with respect to all decisions made and actions or omissions taken that are based on good faith implementation except in the cases of wanton or wilful misconduct, regardless of technology platform including a public safety radio communications network, that receives, develops, collects or processes information for the service's location information databases, relays, transfers, operates, maintains or provides emergency notification services or system capabilities, or provides emergency communications or services for ambulances, police and fire departments or other public safety entities.
A.R.S. § 12-1335 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1335
12-1335 Jurisdiction of trial; docketing of action
Status: in_force

12-1335. Jurisdiction of trial; docketing of action

A. When the assessed value of the property does not exceed two hundred dollars, the writ shall be returned to a justice of the peace for trial. When the assessed value is more than two hundred dollars the claim and bond shall be returned for trial to the superior court having jurisdiction of the claim.

B. When the claim and bond are returned, the clerk of the court or justice of the peace shall docket them in the name of the plaintiff in the writ as plaintiff, and the claimant of the property as defendant.
A.R.S. § 12-2321 — Arizona Code / Title 12 / Chapter 13 / Article 10 / Section 2321
12-2321 Definitions
Status: in_force

12-2321. Definitions

In this article, unless the context otherwise requires:

1. "Actual harm" means damage, loss or injury.

2. "Audit report" means an audit report, prepared by an organization, as prescribed by section 12-2322.

3. "Health or safety law" means a federal, state or local statute, rule, regulation or ordinance, or a permit issued under a federal, state or local statute, rule, regulation or ordinance, that relates to occupational health, health or safety.

4. "Organization" means a public or private company, corporation, political subdivision organized under title 48 of this code, firm, enterprise or institution, or any part or combination of these entities, whether incorporated or not, that has its own functions and administration.  If an organization has more than one operating unit, a single operating unit may be an organization.

5. "Person" means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association, state, political subdivision of this state or commission or the United States government, a federal facility, an interstate body or any other entity.

6. "Regulated facility or operation" means a facility or operation that is regulated under a health or safety law.
A.R.S. § 12-820.10 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820.10
12-820.10 Unmanned aircraft operator; immunity; definitions
Status: in_force

12-820.10. Unmanned aircraft operator; immunity; definitions

A. A public entity or public employee is not liable to an unmanned aircraft operator for any injury to personal property caused by a peace officer intercepting, capturing, disabling, shooting, destroying or otherwise rendering inoperative an unmanned aircraft within fifteen miles of this state's international border if the peace officer had reasonable suspicion that the unmanned aircraft was being used to commit a violation of title 13, chapter 23, 34 or 34.1.

B. For the purposes of this section:

1. "Unmanned aircraft" has the same meaning prescribed in section 13-3729.

2. "Unmanned aircraft operator":

(a) Means a person who operates an unmanned aircraft.

(b) Includes the owner of an unmanned aircraft and any person or group of persons acting in concert with the person who operates the unmanned aircraft.
A.R.S. § 12-1598.03 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.03
12-1598.03 Application for writ of garnishment for earnings
Status: in_force

12-1598.03. Application for writ of garnishment for earnings

A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person on the judgment creditor's behalf makes an application in writing. The application shall state the following:

1. That the judgment creditor is a party in an action to whom a money judgment has been awarded.

2. That the judgment creditor has made demand on the judgment debtor for payment of the amount adjudged due, but the judgment debtor has not paid that amount and the judgment debtor has not agreed and continued to pay the nonexempt portion of the judgment debtor wages until the judgment is satisfied.

3. The amount of the outstanding balance due on the judgment on the date that the application is made, together with interest, accrued attorney fees, including fees for the garnishment, if allowed by the judgment or contract and allowable costs, is that amount stated on the application.

4. That the garnishee is believed to be an employer of the judgment debtor or otherwise owes or will owe to the judgment debtor disposable earnings.

5. The name and address of the garnishee or the garnishee's authorized agent.

6. That the judgment creditor has not received notice of the judgment debtor's intent to enter into an agreement for debt scheduling with a qualified debt counseling organization or, if such a notice has been received, that the judgment creditor timely objected, in writing, to the judgment debtor's participation in such an agreement or that the judgment creditor has been notified that the agreement is no longer effective.
A.R.S. § 12-1598.17 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.17
12-1598.17 Mailing; receipt; presumptions
Status: in_force

12-1598.17. Mailing; receipt; presumptions

A. For the purposes of this article, it is presumed that a document has been received five days after it is mailed as provided in section 12-1598, paragraph 2, subdivision (b).

B. For the purposes of this article, if a party to the garnishment action mails a document to the address contained in the writ or to the most recent address contained in the party's records, it is presumed that the party has complied with the good faith requirement of section 12-1598, paragraph 2, subdivision (b).

C. For the purposes of this article, delivery as defined by section 12-1598, paragraph 2, subdivision (b) shall not be deemed service by mail.
A.R.S. § 12-2025 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2025
12-2025 Trial; order; jury; place of trial; procedure
Status: in_force

12-2025. Trial; order; jury; place of trial; procedure

A. If the answer or reply upon an application for writ of mandamus raises a question of fact, the court shall try such question, or may order the question tried before a jury. The question to be tried by the jury shall be distinctly stated in the order for the trial.

B. If the application is made in the supreme court the court shall designate a superior court for the trial of an issue of fact, and transmit to such court a certified copy of the order for trial.

C. The superior court shall thereupon try such issue to a jury as a trial in civil actions, and shall certify the verdict to the supreme court if no motion for a new trial is made within five days or if such motion is made and denied, when it is denied.
A.R.S. § 12-2452 — Arizona Code / Title 12 / Chapter 15 / Article 1 / Section 2452
12-2452 Additional court orders
Status: in_force

12-2452. Additional court orders

A. Before an emancipation case proceeds, the court may stay the proceedings and:

1. Refer the parties to mediation.

2. If the court reasonably believes that the petition contains an allegation of child abuse or neglect, require the department of child safety to investigate the allegation and make a written report of the investigation to the court.

B. If the minor's parent or legal guardian objects to the petition for emancipation, the court shall stay the proceeding and refer the parties to mediation or alternative dispute resolution unless the court reasonably believes that mediation would not be in the best interest of the minor.  The court may consider any of the following:

1. The minor's parent or legal guardian has been convicted of abuse, neglect or abandonment.

2. The minor's parent or legal guardian is named as a perpetrator of abuse, neglect or abandonment in the protective services central registry pursuant to section 8-804.

3. Any other information the court deems relevant.

C. If agreement is reached through mediation, the parties shall submit the signed mediation agreement to the court.
A.R.S. § 12-120.32 — Arizona Code / Title 12 / Chapter 1 / Article 1.3 / Section 120.32
12-120.32 Additional fees
Status: in_force

12-120.32. Additional fees

A. No additional fees shall be charged when an appeal or petition for a writ is transferred to another court.

B. The filing fees required under section 12-119.01 for petitions for review of a decision of the court of appeals, cross petitions for review and responses to petitions for review shall be paid at the time of filing pursuant to the rules of civil appellate procedure. A party who files a cross petition for review shall not pay a subsequent filing fee for a response. A party who fails to file a response or who fails to appear in the proceeding shall not be charged a fee and shall not be entitled to be heard. No fee may be charged for filing a special action or a response to a special action arising out of a criminal case if the defendant has been declared indigent by the trial court.
A.R.S. § 12-622 — Arizona Code / Title 12 / Chapter 6 / Article 3 / Section 622
12-622 Notice of hearing; effect of establishing identity
Status: in_force

12-622. Notice of hearing; effect of establishing identity

A. Upon filing the application provided for in section 12-621, if the court deems it proper that notice be given of the hearing on the application, it may order that notice be given by publication or by service upon the parties interested.

B. The identity, birthright and parentage, or both, when established, if different than the party was reputed to have, shall not operate to relieve him from any obligation incurred or assumed under the former identity.
A.R.S. § 12-2502 — Arizona Code / Title 12 / Chapter 16 / Article 1 / Section 2502
12-2502 Pro rata shares
Status: in_force

12-2502. Pro rata shares

In determining the pro rata share of tortfeasors in the entire liability:

1. Their relative degrees of fault are the basis for allocation.

2. If equity requires, the collective liability of some as a group constitutes a single share.

3. Principles of equity applicable to contribution generally apply.
A.R.S. § 12-911 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 911
12-911 Powers of superior court
Status: in_force

12-911. Powers of superior court

A. The superior court may:

1. With or without bond, unless required by the statute under authority of which the administrative decision was entered, and before or after the filing of the notice of appearance, stay the decision in whole or in part pending final disposition of the case, after notice to the agency and for good cause shown, except that the court shall not stay an administrative decision wherein unemployment compensation benefits have been allowed to a claimant pursuant to title 23, chapter 4.

2. Make any order that it deems proper for the amendment, completion or filing of the record of the proceedings of the administrative agency.

3. Allow substitution of parties by reason of marriage, death, bankruptcy, assignment or other cause.

4. Dismiss parties or realign parties appellant and appellee.

5. Modify, affirm or reverse the decision in whole or in part.

6. Specify questions or matters requiring further hearing or proceedings and give other proper instructions.

7. When a hearing has been held by the agency, remand for the purpose of taking additional evidence when from the state of the record of the administrative agency or otherwise it appears that such action is just.

8. In the case of affirmance or partial affirmance of an administrative decision requiring payment of money, enter judgment for the amount justified by the record and for costs, on which execution may issue.

B. Technical errors in the proceedings before the administrative agency or its failure to observe technical rules of evidence shall not constitute grounds for reversal of the decision, unless it appears to the superior court that the error or failure affected the rights of a party and resulted in injustice to him.

C. On motion of a party before rendition of judgment, the superior court shall make findings of fact and state conclusions of law on which its judgment is based.
A.R.S. § 12-2802 — Arizona Code / Title 12 / Chapter 19 / Article 1 / Section 2802
12-2802 Confidentiality of genetic testing results; disclosure
Status: in_force

12-2802. Confidentiality of genetic testing results; disclosure

A. Except as otherwise provided in this article, genetic testing and information derived from genetic testing are confidential and considered privileged to the person tested and shall be released only as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or to:

1. The person tested.

2. Any person who is specifically authorized in writing by the person tested or by that person's health care decision maker to receive this information.

3. The health care decision maker of the person tested.

4. A researcher for medical research or public health purposes only if the research is conducted pursuant to applicable federal or state laws and regulations governing clinical and biological research or if the identity of the individual providing the sample is not disclosed to the person collecting and conducting the research.

5. A third person if approved by a human subjects review committee or a human ethics committee, with respect to persons who are subject to an Arizona cancer registry.

6. A health care provider who is providing care to the person tested and an agent or employee of the health care provider.

7. A health care provider that procures, processes, distributes or uses:

(a) A human body part from a deceased person with respect to medical information regarding that person.

(b) Semen or ova for the purpose of artificial insemination.

8. A health care provider to conduct utilization review, peer review and quality assurance pursuant to section 36-441, 36-445, 36-2402 or 36-2917.

9. The authorized agent of a federal, state or county health department to conduct activities specifically authorized pursuant to the laws of this state for the birth defects registry, children's rehabilitative services, newborn screening and sickle cell diagnosis and treatment programs and chronic, environmentally provoked and infectious disease programs.

10. To obtain legal advice, the legal representative of a health care provider or clinical laboratory that is in possession of the medical record.

B. A pathologist who is licensed pursuant to title 32, chapter 13 or 17 may order and perform genetic testing for a patient and receive the results of that testing.

C. A person shall not disclose or be compelled to disclose the identity of any person on whom a genetic test is performed or the results of a genetic test in a manner that allows identification of the person tested except to the persons specified in the circumstances set forth in subsection A of this section.

D. If genetic testing information is subpoenaed, a health care provider shall respond pursuant to section 12-2294.01, subsection E. In determining whether to order production of the genetic testing information, the court shall take all steps necessary to prevent the disclosure or dissemination of that information.

E. Except as provided in this section, chapter 13, article 7.1 of this title does not apply to genetic testing information that is contained within a patient's medical record.

F. Following the death of a person who had genetic testing performed, the release of the testing information is governed by section 12-2294, subsection D, except that the person may deny, release or limit release of the genetic testing results by adopting a provision in a testamentary document.

G. Except as specifically provided in this article, a person to whom test results have been disclosed pursuant to this article, other than the person tested, shall not disclose the test results to any other person.

H. A health care provider and the provider's agents and employees that act in good faith and that comply with this article are not subject to civil liability.  The good faith of a health care provider that complies with this article is presumed.  The presumption may be rebutted by a preponderance of the evidence.

I. This article does not limit the effect of title 20 provisions governing the confidentiality and use of genetic testing information.
A.R.S. § 12-3454 — Arizona Code / Title 12 / Chapter 28 / Article 1 / Section 3454
12-3454 Violations; enforcement
Status: in_force

12-3454.  Violations; enforcement

A. A litigation financing agreement that is entered into in violation of this chapter is voidable.

B. A litigation financier who knowingly violates section 12-3452 or 12-3453 commits an unlawful practice under section 44-1522.

C. Only the attorney general or parties to the litigation for which litigation financing has been provided may challenge the litigation financing agreement as unlawful under section 44-1522.
A.R.S. § 12-346 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 346
12-346 Statement of costs; service and objections
Status: in_force

12-346. Statement of costs; service and objections

A. The party in whose favor judgment is rendered and who claims costs shall file a verified statement of his costs and serve a copy thereof on the opposing party. The statement shall be filed and served within ten days after judgment, unless for good cause shown the time is extended by the court.

B. At any time within five days after receipt of the copy of the statement of costs, the opposing party may file objections to the statement, serving a copy thereof on the party claiming such costs. The court shall pass upon the objections and by its order correct the statement of costs to the extent that it requires correction.
A.R.S. § 12-586 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 586
12-586 Entering a judgment for future damages
Status: in_force

12-586. Entering a judgment for future damages

A. If special findings for future damages are made, the court shall enter judgment pursuant to the following procedures:

1. The court shall apply to the findings of past and future damages any applicable rules of law in calculating the respective amounts of past and future damages each claimant is entitled to recover and each party is obligated to pay.

2. The court shall specify payment of attorney fees and litigation expenses separately from the periodic installments payable to the claimant pursuant to any agreement entered into between the claimant and his attorney. Under a percentage attorney fee contract, unless the contract specifies otherwise, the portion of the fee applicable to the recovery of the periodic installments of future damages is computed by multiplying the fee percentage times the cost of an annuity which would satisfy the funding requirements under sections 12-587 and 12-588.

B. A reduction in installments of future damages made pursuant to this section for payment of attorney's fees shall reduce proportionally all periodic installments for future damages.

C. The court shall enter judgment in lump sum for past damages and for any future damages payable in lump sum or otherwise under this section. The court shall also enter judgment for the payment in periodic installments of the remaining amounts of future damages, without reduction to present value. The periodic installments shall be set forth in the judgment in a schedule that shows the annual amount due in each year the trier of fact has found that losses will accrue. If a finding has been made that costs of health care will continue for the duration of the claimant's life, the judgment shall set forth the finding and the amount of those annual losses.
A.R.S. § 12-2022 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2022
12-2022 Alternative or peremptory writ
Status: in_force

12-2022. Alternative or peremptory writ

A. A writ of mandamus may be either alternative or peremptory.

B. The alternative writ shall state generally the allegations of the complaint against the party to whom it is directed, and command such party, immediately after receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a specified time and place why he has not done so.

C. The peremptory writ shall be in form similar to the alternative writ, except that the words requiring the party to show cause why he has not done as commanded shall be omitted.
A.R.S. § 12-1559 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1559
12-1559 Levy of writ of execution; real property; personal property; livestock; shares of stock; partnership interests
Status: in_force

12-1559. Levy of writ of execution; real property; personal property; livestock; shares of stock; partnership interests

The officer to whom the writ is directed shall make the levy as follows:

1. To levy on real estate it is sufficient that the officer endorse the levy on the writ of execution and record with the county recorder of the county where the real property is situated a copy of the writ with the endorsement of levy thereon.

2. To levy on personal property the officer shall take possession when the defendant in execution is entitled to the possession. When the defendant in execution has an interest in personal property but is not entitled to possession of the property, a levy shall be made by giving notice of the levy to the person who is entitled to possession, or to one of them when there are several.

3. To levy upon livestock running at large on a range and which cannot be herded or penned without great inconvenience and expense, it is sufficient that the officer designate, by reasonable estimate, the number of animals, describing them by their marks and brands or either. Such levy shall be made in the presence of two or more persons, and notice of the levy shall be given in writing to the owner or his herder or agent, if residing within the county and known to the officer making the levy. A copy of the writ and the return shall be recorded by the officer with the county recorder of the county where the levy is made.

4. To levy on personal property which, by reason of its bulk or other cause, cannot be immediately removed, it is sufficient that the officer, within three days after the levy, record with the county recorder of the county in which the property is located a certified copy of the execution and of the return of the levy thereon.

5. To levy on the stock of a corporation the officer shall proceed as provided in section 47-8112.

6. To levy on the interest of a partner in partnership property the officer shall leave notice with one or more of the partners or with a clerk of the partnership.
A.R.S. § 12-201 — Arizona Code / Title 12 / Chapter 2 / Article 1 / Section 201
12-201 Oath; office; deputies
Status: in_force

12-201. Oath; office; deputies

A. The clerk of the supreme court shall, before entering on the duties of his office, take the oath of office.

B. The clerk shall keep his office at the capitol, and may appoint deputies.
A.R.S. § 12-906 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 906
12-906 Service of process
Status: in_force

12-906. Service of process

In an action to review the decision of an administrative agency, a copy of the notice of appeal shall be served pursuant to rule 4 of the rules of civil procedure, on the agency at its principal office and on all other parties to the proceeding before the agency.
A.R.S. § 12-1865 — Arizona Code / Title 12 / Chapter 10 / Article 3 / Section 1865
12-1865 Fees and costs
Status: in_force

12-1865. Fees and costs

Fees and costs shall be the same as in civil appeals docketed before the supreme court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
A.R.S. § 12-998 — Arizona Code / Title 12 / Chapter 7 / Article 12 / Section 998
12-998 Nuisance; commercial buildings used for crime; action to abate and prevent
Status: in_force

12-998. Nuisance; commercial buildings used for crime; action to abate and prevent

A. The use of a commercial building or place regularly used in the commission of a crime is a nuisance and the criminal activity causing the nuisance shall be enjoined, abated and prevented and damages may be recovered.

B. If there is reason to believe that a nuisance as described in subsection A exists, the attorney general, the county attorney, the city attorney or a resident of a county or city who is affected by the nuisance may bring an action in superior court to abate and prevent the criminal activity, except that:

1. The court shall not assess a civil penalty against any person unless that person knew of the unlawful acts.

2. The court shall not enter an order of closure.

3. The injunction shall be necessary to protect the health and safety of the public or to prevent further criminal activity.

4. The order shall not affect the owner's interest in the building or place used for the criminal activity.
A.R.S. § 12-1361 — Arizona Code / Title 12 / Chapter 8 / Article 14 / Section 1361
12-1361 Definitions
Status: in_force

12-1361. Definitions

In this article, unless the context otherwise requires:

1. "Association" means either of the following:

(a) The unit owners' association organized under section 33-1241.

(b) A nonprofit corporation or unincorporated association of owners created pursuant to a declaration to own and operate portions of a planned community and which has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association's obligations under the declaration.

2. "Community documents" means the declaration, bylaws, articles of incorporation, if any, and rules, if any.

3. "Construction codes" means the building, plumbing, electrical, fire, mechanical or other codes or ordinances, including the international residential code however denominated, as adopted, amended and enforced by the city, town or county in which the dwelling is located.

4. "Construction defect" means a material deficiency in the design, construction, manufacture, repair, alteration, remodeling or landscaping of a dwelling that is the result of one of the following:

(a) A violation of construction codes applicable to the construction of the dwelling.

(b) The use of defective materials, products, components or equipment in the design, construction, manufacture, repair, alteration, remodeling or landscaping of the dwelling.

(c) The failure to adhere to generally accepted workmanship standards in the community.

5. "Construction professional" means an architect, contractor, subcontractor, developer, builder, builder vendor, supplier, engineer or inspector performing or furnishing the design, supervision, inspection, construction or observation of the construction of any improvement to real property.

6. "Dwelling" means a single or multifamily unit designed for residential use and common areas and improvements that are owned or maintained by an association or by members of an association.  A dwelling includes the systems, other components and improvements that are part of a single or multifamily unit at the time of construction.

7. "Dwelling action" means any action involving a construction defect brought by a purchaser against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling.

8. "Material deficiency" means a deficiency that actually impairs the structural integrity, the functionality or the appearance of the dwelling at the time of the claim, or is reasonably likely to actually impair the structural integrity, the functionality or the appearance of the dwelling in the foreseeable future if not repaired or replaced.

9. "Purchaser" means any person or entity who files a dwelling action.

10. "Seller" means any person, firm, partnership, corporation, association or other organization that is engaged in the business of designing, constructing or selling dwellings, including construction professionals.  Seller does not include a real estate broker or real estate salesperson as defined in section 32-2101 who provides services in connection with the resale of a dwelling following its initial sale.
A.R.S. § 12-125 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 125
12-125 Procedure for appeal when not prescribed
Status: in_force

12-125. Procedure for appeal when not prescribed

When the right of appeal to the superior court from an officer, board or commission is provided by law, but the manner of taking the appeal and the procedure thereon is not prescribed, the laws relating to taking appeals from courts of justices of the peace shall apply insofar as conformable.
A.R.S. § 12-1151 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1151
12-1151 Limitation on time for filing report of special master
Status: in_force

12-1151. Limitation on time for filing report of special master

The report of the special master shall be filed with the clerk of the court in which the action is pending within thirty days after the date of the master taking the oath, unless further time is granted by the court. The court shall grant additional time for filing the report only on a showing that the report cannot, with due diligence, be prepared within the time fixed.
A.R.S. § 12-120.23 — Arizona Code / Title 12 / Chapter 1 / Article 1.2 / Section 120.23
12-120.23 Transfer of case and appeal by the supreme court
Status: in_force

12-120.23. Transfer of case and appeal by the supreme court

The supreme court may transfer to the court of appeals for decision a case or appeal pending before the supreme court if the case or appeal is within the jurisdiction of the court of appeals.
A.R.S. § 12-2324 — Arizona Code / Title 12 / Chapter 13 / Article 10 / Section 2324
12-2324 Waiver; exception; penalties
Status: in_force

12-2324. Waiver; exception; penalties

A. The privilege prescribed in section 12-2323 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared.

B. Disclosure of an audit report or any information generated by a health or safety audit does not waive the privilege, if the disclosure complies with any of the following:

1. Is made to address or correct a matter raised by the health or safety audit and is made only to:

(a) An individual employed by the owner or operator, including a temporary or contract employee.

(b) A legal representative of the owner or operator.

(c) An officer or director of the regulated facility or operation or a partner of the owner or operator.

(d) An independent contractor retained by the owner or operator, including the owner's or operator's independent external auditors.

2. Is made under the terms of a confidentiality agreement between the organization for whom the audit report was prepared or the owner or operator of the regulated facility or operation and any of the following:

(a) A partner or potential partner of the owner or operator of the regulated facility or operation.

(b) A transferee or potential transferee of the regulated facility or operation.

(c) A lender or potential lender for the regulated facility or operation.

(d) A state government official.

(e) A person or entity engaged in the business of insuring, underwriting or indemnifying the facility or operation.

3. Is made under a confidentiality agreement to a government official or agency by the organization for whom the audit report was prepared or by the owner or operator.

C. A party to a confidentiality agreement described in subsection B, paragraph 2 of this section who violates the confidentiality agreement is liable for damages caused by the disclosure and for any other penalties prescribed in the confidentiality agreement.

D. Information that is disclosed under subsection B, paragraph 3 of this section is confidential and shall not be disclosed.  An entity, employee or official of this state who knowingly or intentionally discloses information in violation of this subsection is subject to sanctions as prescribed by the rules of civil procedure or to a civil penalty not to exceed ten thousand dollars.  The lack of labeling may not be raised as a defense if the entity, employee or official knew or had reason to know that the document was a privileged audit report.

E. This section shall not be construed to circumvent the protections provided by federal or state law for individuals who disclose information to enforcement authorities.
A.R.S. § 12-2108 — Arizona Code / Title 12 / Chapter 12 / Article 1 / Section 2108
12-2108 Preservation of right to appeal judgment without execution
Status: in_force

12-2108. Preservation of right to appeal judgment without execution

A. If a plaintiff in any civil action obtains a judgment under any legal theory, the amount of the bond that is necessary to stay execution during the course of all appeals or discretionary reviews of that judgment by any appellate court shall be set as the lesser of the following:

1. The total amount of damages awarded excluding punitive damages.

2. Fifty per cent of the appellant's net worth.

3. Twenty-five million dollars.

B. Notwithstanding subsection A, if an appellee proves by clear and convincing evidence that an appellant is intentionally dissipating assets outside the ordinary course of business to avoid payment of a judgment, the court may require the appellant to post a bond in an amount up to the full amount of the judgment.

C. Notwithstanding subsection A, if an appellant proves by clear and convincing evidence that the appellant is likely to suffer substantial economic harm if required to post bond in an amount required under subsection A, the trial court may lower the bond amount to an amount that will not cause the appellant substantial economic harm.
A.R.S. § 12-863 — Arizona Code / Title 12 / Chapter 7 / Article 4 / Section 863
12-863 Trial; classification; appeal
Status: in_force

12-863. Trial; classification; appeal

A. The trial as provided in section 12-862 may be by the court, or, upon demand of the person allegedly in contempt, shall be by a jury as upon a trial for a misdemeanor.

B. Any person found in contempt is guilty of a class 2 misdemeanor.

C. The fine shall be paid to the clerk of the court, or to the party injured by the act constituting the contempt, or may be apportioned where more than one party is damaged.

D. An appeal may be taken as in criminal cases and the appeal shall stay execution of the sentence and the person found guilty of contempt, if sentenced to imprisonment, shall be admitted to bail.
A.R.S. § 12-514 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 514
12-514 Civil action arising from sexual conduct or sexual contact committed against a minor; failure to report; statute of limitations; definitions
Status: in_force

12-514. Civil action arising from sexual conduct or sexual contact committed against a minor; failure to report; statute of limitations; definitions

A. Notwithstanding sections 12-505, 12-511 and 12-542, an action for the recovery of damages that is based on either of the following shall be commenced within twelve years after the plaintiff reaches eighteen years of age and not afterward:

1. An injury that a minor suffers as a result of another person's negligent or intentional act if that act is a cause of sexual conduct or sexual contact committed against the minor.

2. The failure to report pursuant to section 13-3620 sexual conduct or sexual contact committed against a minor.

B. For the purposes of this section:

1. "Person" means an individual, the United States, this state or a public or private corporation, local government unit, public agency, partnership, association, firm, trust or estate or any other legal entity.

2. "Sexual conduct" means sexual conduct as proscribed by section 13-1405.

3. "Sexual contact" has the same meaning prescribed in section 13-1401.
A.R.S. § 12-572 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 572
12-572 Burden of proof for treatment in emergency departments or rendered by on-call providers
Status: in_force

12-572. Burden of proof for treatment in emergency departments or rendered by on-call providers

A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a health professional as defined in section 32-3201 who provides or who is consulted to provide services to a patient of a licensed hospital in compliance with the emergency medical treatment and labor act (P.L. 99-272; 100 Stat. 164; 42 United States Code section 1395dd) or as a result of a disaster is not liable for any civil or other damages as a result of any act or omission.

B. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence regarding the acts or omissions of a licensed hospital or its agents and employees in cases that are covered by subsection A of this section, the hospital is not liable for any civil or other damages as a result of any act or omission.
A.R.S. § 12-1598.10; Version 2 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.10; Version 2
12-1598.10; Version 2 Continuing lien on earnings; order
Status: in_force

12-1598.10. Continuing lien on earnings; order

(2022 Prop. 209; Caution: 1998 Prop. 105 applies)

A. If it appears from the answer of the garnishee that the judgment debtor was an employee of the garnishee, or that the garnishee otherwise owed earnings to the judgment debtor when the writ was served, or earnings would be owed within sixty days thereafter and there is no timely written objection to the writ or the answer of the garnishee filed, on application by the judgment creditor the court shall order that the nonexempt earnings, if any, withheld by the garnishee after service of the writ be transferred to the judgment creditor who is entitled to such monies subject to the judgment debtor's right to objection and hearing pursuant to this article. The court shall further order that the garnishment is a continuing lien against the nonexempt earnings of the judgment debtor.

B. If a timely objection is filed the court shall conduct a hearing pursuant to section 12-1598.07 and shall make the following determinations:

1. Whether the writ is valid against the judgment debtor.

2. The amount outstanding on the judgment at the time the writ was served, plus accruing costs.

3. Whether the judgment debtor was employed by the garnishee at the time the writ was served.

4. Whether earnings were owed or would be owed by the garnishee to the judgment debtor within sixty days after the service of the writ.

5. Whether the debt was, at the time of service of the writ, subject to an effective agreement for debt scheduling between the judgment debtor and a qualified debt counseling organization.

C. If the court makes an affirmative determination under subsection B, paragraph 1 of this section and subsection B, paragraph 3 or 4 of this section and determines that the debt was not, at the time of service of the writ, subject to an effective agreement between the judgment debtor and a qualified debt counseling organization, the court shall order that the nonexempt earnings, if any, withheld by the garnishee after service of the writ be transferred to the judgment creditor and further order that the garnishment is a continuing lien against the nonexempt earnings of the judgment debtor. Otherwise the court shall order the garnishee discharged from the writ.

D. A continuing lien ordered pursuant to this section is invalid and of no force and effect on the occurrence of any of the following conditions:

1. The underlying judgment is satisfied in full, is vacated or expires.

2. The judgment debtor leaves the garnishee's employ for more than sixty days or, if the judgment debtor is an employee of a school district, a charter school, the Arizona state schools for the deaf and the blind or an accommodation school and the judgment debtor is subject to an employment contract that specifies that paydays are restricted to the school year, for more than ninety days.

3. The judgment creditor releases the garnishment.

4. The proceedings are stayed by a court of competent jurisdiction, including the United States bankruptcy court.

5. The judgment debtor has not earned any nonexempt earnings for at least sixty days or, if the judgment debtor is an employee of a school district, a charter school, the Arizona state schools for the deaf and the blind or an accommodation school and the judgment debtor is subject to an employment contract that specifies that paydays are restricted to the school year, for at least ninety days.

6. The court orders that the garnishment be quashed.

E. If no objections are filed to the answer of the garnishee and an order of continuing lien is not entered within forty-five days after the filing of the answer of the garnishee, any earnings held by the garnishee shall be released to the judgment debtor and the garnishee shall be discharged from any liability on the garnishment.

F. If at the hearing the court determines that the judgment debtor is subject to the ten percent maximum disposable earnings provision under section 33-1131, subsection B and based on clear and convincing evidence that the judgment debtor or the judgment debtor's family would suffer extreme economic hardship as a result of the garnishment, the court may reduce the amount of nonexempt earnings withheld under a continuing lien ordered pursuant to this section from the ten percent to not less than five percent.

G. A court order entered pursuant to this section if recorded does not constitute a lien against real property pursuant to section 33-961.

H. The court, sitting without a jury, shall decide all issues of fact and law.
A.R.S. § 12-1122 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1122
12-1122 Ascertainment and assessment of value, damages and benefits
Status: in_force

12-1122. Ascertainment and assessment of value, damages and benefits

A. The court or jury shall ascertain and assess:

1. The value of the property sought to be condemned and all improvements on the property pertaining to the realty, and of each and every separate estate or interest in the property, and if it consists of different parcels, the value of each parcel and each estate or interest in the parcel separately.

2. If the property sought to be condemned constitutes only a part of a larger parcel, the damages that will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff.

3. How much the portion not sought to be condemned and each estate or interest in the portion will be benefited separately, if at all, by construction of the improvement proposed by the plaintiff. If the benefit is equal to the damages assessed under paragraph 2 of this subsection, the owner of the parcel shall be allowed no compensation except for the value of the portion taken, but if the benefit is less than the damages so assessed, the benefit shall be deducted from the damages, and the remainder shall be the only damages allowed in addition to the value.

4. If the property sought to be condemned is for a railroad, the cost of good and sufficient fences along the line of the railroad, and the cost of cattle guards where fences may cross the line of the railroad.

B. As far as practicable, compensation shall be assessed for each source of damage separately.

C. Value shall be determined by ascertaining the most probable price estimated in terms of cash in United States dollars or comparable market financial arrangements that the property would bring if exposed for sale in the open market, with reasonable time allowed in which to find a purchaser, buying with knowledge of all of the uses and purposes to which it was adapted and for which it was capable.

D. For the purpose of assessing compensation and damages with respect to property sought to be condemned by this state for transportation purposes, in addition to subsections A and B of this section, the court or a jury shall assess compensation and damages pursuant to sections 28-7091 and 28-7097.
A.R.S. § 12-904 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 904
12-904 Commencement of action; transmission of record
Status: in_force

12-904. Commencement of action; transmission of record

A. An action to review a final administrative decision shall be commenced by filing a notice of appeal within thirty-five days from the date when a copy of the decision sought to be reviewed is served upon the party affected. The method of service of the decision shall be as provided by law governing procedure before the administrative agency, or by a rule of the agency made pursuant to law, but if no method is provided a decision shall be deemed to have been served when personally delivered or mailed by certified mail to the party affected at the party's last known residence or place of business. Service is complete on personal service or five days after the date that the final administrative decision is mailed to the party's last known address.  The notice of appeal shall identify the final administrative decision sought to be reviewed and include a statement of the issues presented for review.  The statement of an issue presented for review is deemed to include every subsidiary issue fairly comprised in the statement.

B. Within ten days after filing a notice of appeal pursuant to this article, the party seeking judicial review shall file a notice of the action with the office of administrative hearings or the agency that conducted the hearing, and the office of administrative hearings or the agency that conducted the hearing shall transmit the record to the superior court. The record shall consist of the following:

1. The original agency action from which review is sought.

2. Any motions, memoranda or other documents submitted by the parties to the appeal.

3. Any exhibits admitted as evidence at the administrative hearing.

4. The decision by the administrative law judge and any revisions or modifications to the decision.

5. A copy of the transcript of the administrative hearing, if the party seeking judicial review desires a transcript to be included in the record and provides for preparation of the transcript at the party's own expense. Any other party may have a transcript included in the record by filing a notice with the office of administrative hearings or the agency that conducted the hearing within ten days after receiving notice of the notice of appeal and providing for preparation of the transcript at the party's own expense.
A.R.S. § 12-711 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 711
12-711 Affirmative defense; limitation
Status: in_force

12-711. Affirmative defense; limitation

In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was under the influence of an intoxicating liquor or a drug and as a result of that influence the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm.
A.R.S. § 12-1513 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1513
12-1513 Modification or correction of award
Status: in_force

12-1513. Modification or correction of award

A. Upon application made within ninety days after delivery of a copy of the award to the applicant, if judgment has not been entered thereon, the court shall modify or correct the award where:

1. There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;

2. The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

3. The award is imperfect in a matter of form, not affecting the merits of the controversy.

B. If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.

C. An application to modify or correct an award may be joined in the alternative with an application to vacate the award.

D. After judgment, the award shall be subject to the powers of the court in the same manner as any other judgment which may be subject to review under rule 60(c) of the rules of civil procedure.
A.R.S. § 12-802 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 802
12-802 Abatement of certain nuisances
Status: in_force

12-802. Abatement of certain nuisances

Every building or place used for the purpose of lewdness, assignation or prostitution and every building or place wherein or upon which acts of lewdness, assignation or prostitution are held or occur, is a nuisance which shall be enjoined, abated and prevented as provided by this article whether it is a public or private nuisance.
A.R.S. § 12-687 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 687
12-687 Reasonable remedial measures; cause of action; punitive damages
Status: in_force

12-687. Reasonable remedial measures; cause of action; punitive damages

If a person or entity conducts a product safety analysis or review and, as a result, takes reasonable remedial measures, the following shall apply to a product liability action brought against the person or entity:

1. The plaintiff may not use the product safety analysis or review or the reasonable remedial measures to prove negligence, that the product was defective or unreasonably dangerous, or other culpable conduct in a product liability action. However, the plaintiff may use the product safety analysis or review or reasonable remedial measures for other purposes, such as proving feasibility of precautionary measures, impeachment or to controvert any position taken by a defendant in litigation which is inconsistent with the contents of the product safety analysis or review or reasonable remedial measures.

2. This subsection does not prevent a plaintiff in a product liability action from proving negligence, that the product was defective or unreasonably dangerous, or other culpable conduct by other independent evidence or sources, even if such evidence or sources are mentioned or included in the product safety analysis or review or reasonable remedial measures.

3. The plaintiff may not use the product safety analysis or review or the reasonable remedial measures to prove conduct that would subject the person or entity that caused the product safety analysis or review to be performed to punitive or exemplary damages, unless the plaintiff establishes that the analysis or review, or the reasonable remedial measures, were undertaken in bad faith or solely for the purpose of affecting the litigation instituted by the plaintiff.

4. The existence and contents of a product safety analysis or review and any resulting reasonable remedial measures are discoverable and subject to disclosure in a product liability action unless otherwise privileged. However, a portion of a product safety analysis or review may be designated and maintained as confidential and protected from public disclosure pursuant to applicable rules of civil procedures if the portion involves trade secrets as defined in section 44-401, proprietary material or competitively sensitive information. Any dispute as to confidentiality shall be determined by a court following an in camera review of the portion of the analysis or review in question.
A.R.S. § 12-116.02 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.02
12-116.02 Additional surcharges; fund deposits
Status: in_force

12-116.02. Additional surcharges; fund deposits

A. In addition to any penalty provided by law, a surcharge shall be levied in an amount of thirteen percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and civil penalties imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

B. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the surcharge pursuant to subsection E of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned.

C. After addition of the surcharge, the courts may round the total amount due to the nearest one-quarter dollar.

D. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.

E. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A and B of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A and B of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.

F. The appropriate authorities prescribed in subsection E of this section shall transmit the thirteen percent surcharge as required in subsection A of this section to the state treasurer on or before the fifteenth day of each month for deposit in the medical services enhancement fund established by section 36-2219.01.

G. Partial payments of the amount due shall be transmitted as required in subsections E and F of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
A.R.S. § 12-1153 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1153
12-1153 Final judgment; hearing objections to findings or report; proceedings upon rejection of report; vesting of property
Status: in_force

12-1153. Final judgment; hearing objections to findings or report; proceedings upon rejection of report; vesting of property

A. If no objections are filed to the special master's report, the court, but only on motion of plaintiff unless title to the property has vested in plaintiff, shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled thereto. If objections are filed to the special master's report, the court on the date specified in the notice provided for by section 12-1152, shall hear and determine such questions of law and fact as are raised by the exceptions, and may approve, disapprove or modify the special master's findings or may reject the special master's report in its entirety.

B. If the special master's report is rejected in its entirety, the court shall at once appoint another special master in the same manner the first special master was appointed, and he shall have the same powers and duties as the special master first appointed, except that notice of the time for filing claims and the hearing thereon may be given by registered mail to all persons who have appeared in the proceedings, or their attorneys of record, at their last known addresses, and no other notice shall be necessary.

C. If the court approves the special master's report with or without modifications, the court, but only on motion of plaintiff unless title to the property has previously vested in plaintiff, shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled thereto.

D. If title to the property has not previously been vested in plaintiff, the title and right to possession of the property shall vest in plaintiff immediately upon entry of the final judgment and upon deposit in court by plaintiff of the amount of the judgment fixed by the court as the compensation for such property. Upon entry of the judgment and vesting of title, the court shall designate the day, not exceeding thirty days thereafter except upon good cause shown, on which the parties in possession of the property shall be required to surrender possession to plaintiff.
A.R.S. § 12-351 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 351
12-351 Costs of compliance with subpoena for production of documentary evidence; payment by requesting party; definitions
Status: in_force

12-351. Costs of compliance with subpoena for production of documentary evidence; payment by requesting party; definitions

A. All reasonable costs incurred in a civil action by a witness who is not a party to the action with respect to the production of documents pursuant to a subpoena for the production of documentary evidence shall be charged against the party requesting the subpoena if the witness submits an itemized statement to the requesting party stating the reproduction and clerical costs incurred by the witness.

B. If a subpoena is served to compel the production of documents and is subsequently withdrawn, quashed, modified or limited other than by the witness, the witness is entitled to reimbursement pursuant to subsection A of this section for all reasonable costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn, quashed, modified or limited.

C. The requesting party is not required to pay the reasonable costs before the documents are available for delivery pursuant to the subpoena.  The witness may demand payment of the reasonable costs simultaneously with actual delivery of the subpoenaed documents.

D. The requesting party may petition the court in which the action is pending to recover from the witness all or a part of the costs paid to the witness or to reduce all or a part of the costs charged by the witness pursuant to this section if these costs were excessive.

E. If the personal attendance of the witness is not required, the witness may only receive payment pursuant to this section.

F. For the purposes of this section:

1. "Reasonable costs" means twenty-five cents for each page of standard reproduction of documents and the actual costs for reproduction of documents that require special processing plus the reasonable clerical costs incurred in locating and making the documents available billed at the rate of twenty-five dollars per hour per person.

2. "Requesting party" means a party requesting issuance of a subpoena for production of documentary evidence.

3. "Witness" means a person who is directed to produce documents by a subpoena for the production of documentary evidence.
A.R.S. § 12-102 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 102
12-102 Jurisdiction and duties; court appointments; contract and volunteer service providers; background investigations; fingerprinting
Status: in_force

12-102. Jurisdiction and duties; court appointments; contract and volunteer service providers; background investigations; fingerprinting

A. The supreme court shall discharge the duties imposed and exercise the jurisdiction conferred by the constitution and by law.

B. As a condition of appointment to any paid position in the judicial department that is defined as a noncriminal justice agency under federal law, including nomination for judicial office by the commissions on appellate and trial court appointments pursuant to article VI, sections 37 and 41, Constitution of Arizona, the court shall require each applicant to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation to determine the suitability of the applicant. The court shall submit the completed applicant fingerprint card to the department of public safety.  The applicant shall bear the cost of obtaining the applicant's criminal history record information. The cost shall not exceed the actual cost of obtaining the applicant's criminal history record information. Applicant criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety is authorized to exchange the submitted applicant fingerprint card information with the federal bureau of investigation for a national criminal history records check.

C. The court may require each person who provides contract or volunteer services in the judicial department that is defined as a noncriminal justice agency under federal law to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation.  The court shall submit the person's completed fingerprint card to the department of public safety. The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety is authorized to exchange the person's submitted fingerprint card information with the federal bureau of investigation for a national criminal history records check.
A.R.S. § 12-3253 — Arizona Code / Title 12 / Chapter 25 / Article 1 / Section 3253
12-3253 Recognition of foreign-country judgments; personal jurisdiction
Status: in_force

12-3253. Recognition of foreign-country judgments; personal jurisdiction

A. Except as provided in subsections B and C of this section, a court shall recognize a foreign-country judgment to which this chapter applies.

B. A court may not recognize a foreign-country judgment if any of the following applies:

1. The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law.

2. The foreign court did not have personal jurisdiction over the defendant.

3. The foreign court did not have jurisdiction over the subject matter.

C. A court may choose to not recognize a foreign-country judgment if any of the following applies:

1. The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend.

2. The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case.

3. The judgment or the cause of action on which the judgment is based is repugnant to the public policy of this state or of the United States.

4. The judgment conflicts with another final and conclusive judgment.

5. The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court.

6. In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.

7. The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment.

8. The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

D. A party contesting the recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition pursuant to subsection B or C of this section exists.

E. A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if any of the following applies:

1. The defendant was served with process personally in the foreign country.

2. The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant.

3. The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved.

4. The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country.

5. The defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country.

6. The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.

F. The court may recognize a basis for personal jurisdiction that is not listed in subsection E of this section as sufficient to support a foreign-country judgment.
A.R.S. § 12-1721 — Arizona Code / Title 12 / Chapter 9 / Article 12 / Section 1721
12-1721 Monetary judgment awarded to prisoners; outstanding restitution and incarceration costs
Status: in_force

12-1721. Monetary judgment awarded to prisoners; outstanding restitution and incarceration costs

A. In any civil action, a monetary judgment may not be paid to a person who is or was previously incarcerated in the state department of corrections before all restitution and incarceration costs owed by the person are paid if the monetary judgment is against this state, a political subdivision of this state, any prison, jail or correctional facility or any officer or agent of a prison, jail or correctional facility. If the monetary judgment is not sufficient to pay both restitution and incarceration costs that are owed, the monetary judgment must first be used to pay any outstanding restitution and a portion of any remaining balance may be set off and used to pay outstanding incarceration costs pursuant to section 31-238.

B. If the victim was ordered by the court to receive restitution through the clerk of the superior court, this state, the political subdivision of this state or the prison, jail or correctional facility that was ordered to satisfy the monetary judgment shall transfer enough of the monetary judgment to pay the remaining balance of the restitution order to the clerk of the superior court for distribution to the victim.

C. If money is transferred to a clerk of the superior court pursuant to subsection B of this section, this state, the political subdivision of this state or the prison, jail or correctional facility must also provide the clerk with the following information at the time of the transfer:

1. A copy of the monetary judgment.

2. The defendant's name and the case number of each case where restitution is owed.

3. The name and address of the transferring entity.
A.R.S. § 12-1364 — Arizona Code / Title 12 / Chapter 8 / Article 14 / Section 1364
12-1364 Dwelling actions; contested issues; attorney fees and taxable costs; expert witness fees; definitions
Status: in_force

12-1364. Dwelling actions; contested issues; attorney fees and taxable costs; expert witness fees; definitions

A. In a contested dwelling action, the court or tribunal may award the prevailing party with respect to a contested issue reasonable attorney fees and taxable costs.  A purchaser is deemed the prevailing party with respect to a contested issue if the relief obtained by the purchaser for that contested issue, exclusive of any fees and taxable costs, is more favorable than the repairs or replacements and offers made by the seller before the purchaser filed a dwelling action pursuant to section 12-1363. The seller is deemed the prevailing party with respect to a contested issue if the relief obtained by the purchaser for that contested issue, exclusive of any fees and taxable costs, is not more favorable than the repairs or replacements and offers made by the seller before the purchaser filed a dwelling action pursuant to section 12-1363.

B. An award of attorney fees pursuant to this section is limited to the amount of fees actually and reasonably incurred with respect to the contested issue for which the party has been deemed the prevailing party.  In determining whether the fees actually incurred with respect to a contested issue are reasonable, the court or tribunal shall consider all of the following:

1. The repairs, replacements or offers made by the seller, if any, before the purchaser filed the dwelling action pursuant to section 12-1363.

2. The purchaser's response to the seller's repairs, replacements or offers made or proposed, if any, before the purchaser filed the dwelling action pursuant to section 12-1363.

3. The relation between the fees incurred over the duration of the dwelling action and the value of the relief obtained with respect to the contested issue.

4. The amount of fees incurred in responding to any unsuccessful motions, claims and defenses during the duration of the dwelling action.

C. This section does not alter, prohibit or restrict present or future contracts that may provide for attorney fees or expert witness fees.

D. Notwithstanding any other law, in a contested dwelling action that involves a single purchaser, the court or tribunal may award the prevailing party with respect to the contested issue reasonable expert witness fees. The determination of the prevailing party and the reasonableness of the expert witness fees shall be made using the same criteria used in determining the award of attorney fees pursuant to subsections A and B of this section.  This subsection does not apply to a dwelling action that involves more than one purchaser or an action that is consolidated with any other dwelling action.  The expert witness fees prescribed in this subsection are in addition to the taxable costs authorized by section 12-332.

E. For the purposes of this section:

1. "Contested issue" means an issue that relates to an alleged construction defect and that is contested by a purchaser following the conclusion of the repair and replacement procedures prescribed in section 12-1363.

2. "Purchaser" means any person or entity, including the current owner of the dwelling, who files a dwelling action during the time period described in section 12-552.
A.R.S. § 12-3451 — Arizona Code / Title 12 / Chapter 28 / Article 1 / Section 3451
12-3451 Definitions
Status: in_force

12-3451. Definitions

In this chapter, unless the context otherwise requires:

1. "Action" means a civil action, administrative proceeding, claim or other cause of action.

2. "Foreign country of concern" includes the following:

(a) A foreign government listed in 15 Code of Federal Regulations section 791.4.

(b) A country designated as a threat to critical infrastructure by the federal government or the governor.

3. "Foreign entity of concern" means a partnership, association, corporation, organization or other combination of persons that meets any of the following:

(a) Is organized or incorporated in a foreign country of concern.

(b) Is owned or controlled by the government, a political subdivision or a political party of a foreign country of concern.

(c) Has a principal place of business in a foreign country of concern.

(d) Is owned, organized or controlled by or affiliated with a foreign organization that has either been:

(i) Placed on the federal office of foreign assets control specially designated nationals and blocked persons list.

(ii) Designated by the United States secretary of state as a foreign terrorist organization.

4. "Licensed health care provider" has the same meaning prescribed in section 12-561.

5. "Litigation financier" means a person that has entered into a litigation financing agreement with a party to an action or counsel of record for a party to an action.

6. "Litigation financing agreement" or "litigation financing" means any agreement creating a right to receive payment by anyone which is contingent in any respect on the outcome of an action or on the outcome of any matter within a portfolio that includes the action and that involves the same counsel or affiliated counsel, but excluding the following:

(a) A named party to the action if payments made to the named party are provided exclusively for personal and family use and are provided on condition that they are not to be used for legal filings, legal document preparation and drafting, appeals, creation of a litigation strategy, drafting testimony or other expenses directly related to litigation.

(b) A counsel of record, a law firm of record or any referring counsel for legal services or advancement of legal costs provided by counsel of record, where the services or costs are provided by a legal counsel of record in accordance with the rules of professional conduct adopted by the supreme court.

(c) A person with a preexisting contractual obligation to indemnify or defend a party to the action or a health insurer who has paid or is obligated to pay any sums for health care services rendered to an injured person under the terms of a health insurance policy, plan or agreement.

(d) A financial institution, as defined in section 6-101, for repayment of loans made directly to a party or a party's counsel when repayment of the loan is not contingent on the outcome of an action by settlement, judgment or otherwise or on the outcome of any matter within a portfolio that includes the action and involves the same counsel or affiliated counsel.

(e) Funding that is provided to a nonprofit organization, whether as a party or on behalf of a client or member of the organization, and irrespective of whether the nonprofit organization seeks an award of costs or attorney fees in providing pro bono representation.

(f) Funding provided by a nonprofit organization that is exempt from taxation under 501(c)(3) of the United States internal revenue code, by grant or otherwise, to support the pursuit of litigation.

(g) A person providing funding to a medical practice or facility solely for its receivables.

(h) Where there is no right to payment in excess of the funding actually provided.
A.R.S. § 12-1842 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1842
12-1842 Construction
Status: in_force

12-1842. Construction

This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.
A.R.S. § 12-558 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 558
12-558 Liability release agreement; space flight activities; definitions
Status: in_force

12-558. Liability release agreement; space flight activities; definitions

A. A space flight entity may enter into a liability release agreement with a space flight participant or crew to limit the entity's civil liability for a space flight participant's or crew's injury that arises out of space flight activities.

B. The liability release agreement is valid and enforceable.

C. For the purposes of this section:

1. "Crew" means an employee of a space flight entity or a space flight entity contractor, licensee or agent who performs space flight activities.

2. "Launch" means a placement or attempted placement of a launch vehicle and any spacecraft, payload, crew or space flight participant in a flight path targeted to exceed an altitude of sixty thousand feet, a suborbital trajectory, earth orbit or outer space, including activities involved in the preparation of a launch vehicle or spacecraft for launch.

3. "Launch vehicle" means a vehicle and its stages or components that are designed to operate in or place spacecraft, if any, in a suborbital trajectory, earth orbit or outer space.

4. "Reentry" means a return or attempted return to earth of a launch vehicle, a reentry vehicle and the spacecraft, payload, crew or space flight participant from a suborbital trajectory, earth orbit or outer space and includes activities involved in the recovery of a launch vehicle, reentry vehicle or spacecraft.

5. "Spacecraft" means any object and its components that are designed to be launched for operations in a suborbital trajectory, in earth orbit or in outer space and includes a satellite, a payload, an object carrying crew or a space flight participant and any subcomponents of the launch vehicle or reentry vehicle that are specifically designed or adapted for that object.

6. "Space flight activities" means activities and training in any phase of preparing for and undertaking space flight, including:

(a) The research, development, testing or manufacturing of a launch vehicle, reentry vehicle or spacecraft.

(b) The preparation of a launch vehicle, reentry vehicle, payload, spacecraft, crew or space flight participant for launch, space flight and reentry.

(c) The conduct of the launch.

(d) Conduct occurring between the launch and reentry.

(e) The preparation of a launch vehicle, reentry vehicle, payload, spacecraft, crew or space flight participant for reentry.

(f) The conduct of reentry and descent.

(g) The conduct of the landing.

(h) The conduct of postlanding recovery of a launch vehicle, reentry vehicle, payload, spacecraft, crew or space flight participant.

7. "Space flight entity" means a person that conducts space flight activities and that has obtained the appropriate federal aviation administration license or other authorization, including safety approval and a payload determination, and includes any of the following:

(a) A manufacturer or supplier of components, services, spacecrafts, launch vehicles or reentry vehicles used by the entity and reviewed by the federal aviation administration as part of issuing the license or other authorization.

(b) An employee, officer, director, owner, stockholder, member, manager, advisor or partner of the entity, manufacturer or supplier.

(c) An owner or lessor of real property where space flight activities are conducted, including a municipality, county or political subdivision of this state with a contractual relationship with a space flight entity.

(d) A municipality, county, economic development organization or other political subdivision in the territory or extraterritorial jurisdiction in which space flight activities are conducted.

8. "Space flight participant" means an individual who is not crew and who participates in space flight activities.

9. "Space flight participant's injury" means an injury sustained by a space flight participant and includes bodily injury, emotional distress, death, disability, property damage or any other loss arising from the individual's participation in space flight activities.
A.R.S. § 12-352 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 352
12-352 Medical malpractice judgments; payment of interest; definition
Status: in_force

12-352. Medical malpractice judgments; payment of interest; definition

A. Notwithstanding any law to the contrary, in a contested action arising out of a medical malpractice claim the court shall award the payment of interest to the prevailing party at a rate that is equal to one percentage point above the federal postjudgment interest rate in effect on the date judgment is entered.  Interest shall only accrue from and after the date judgment is entered until the judgment is paid. If the judgment is reversed or otherwise set aside, no interest shall be paid. The rate for calculating interest that accrues from and after the date judgment is entered shall be adjusted on June 30 and December 31 of each year to equal one percentage point above the federal postjudgment interest rate in effect on the date of adjustment until the judgment is paid. The interest rate specified for purposes of this section shall not exceed nine per cent. Interest shall accrue at each adjusted rate only until the next adjustment.  The adjusted interest rate shall not be applied to any preceding six-month period.

B. For the purposes of this section, "federal postjudgment interest rate" means the interest rate established for the federal court system pursuant to 28 United States Code section 1961, as amended.
A.R.S. § 12-1598.08 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.08
12-1598.08 Answer of garnishee to writ of garnishment of earnings; filing; delivery; notice
Status: in_force

12-1598.08. Answer of garnishee to writ of garnishment of earnings; filing; delivery; notice

A. The answer of the garnishee shall be under oath, in writing and signed by him and shall make true answers to the writ. If there are more judgment debtors than one, the garnishee shall answer as to each judgment debtor named in the writ. The answer of any garnishee, including a corporate garnishee, may be filed by the garnishee without representation of an attorney.

B. The answer of the garnishee shall set forth the following:

1. Whether the judgment debtor was employed by the garnishee on the date the writ was served.

2. Whether the garnishee anticipates owing earnings within sixty days after the date of service of the writ.

3. If the garnishee is unable to determine the identity of the judgment debtor after making a good faith effort to do so, a statement of the effort made and reasons for such inability.

4. The dates of the next two paydays occurring after the date of service of the writ.

5. The pay period of the judgment debtor, whether weekly, biweekly, semimonthly, monthly or another specified period.

6. The amount of the outstanding judgment now due and owing as stated in the writ.

7. Whether the judgment debtor is subject to an existing wage assignment, garnishment or levy, and if so, the name, address and telephone number of that judgment creditor.

8. The name, address and telephone number of the garnishee.

9. The date and manner of delivery of a copy of the answer to the judgment debtor and judgment creditor.

C. The garnishee shall deliver a copy of the answer to the judgment creditor or the judgment creditor's attorney, if applicable. At the same time the garnishee shall deliver a copy of the answer and a copy of the notice to judgment debtor and request for hearing form to the judgment debtor. The garnishee shall state the time and manner of delivery in the answer.
A.R.S. § 12-3002 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3002
12-3002 Notice
Status: in_force

12-3002. Notice

A. Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.

B. A person has notice if the person has knowledge of the notice or has received notice.

C. A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business or at another location held out by the person as a place of delivery of such communications.
A.R.S. § 12-259 — Arizona Code / Title 12 / Chapter 2 / Article 6.1 / Section 259
12-259 Adult surveillance officers; appointment; qualifications; salaries; expenses
Status: in_force

12-259. Adult surveillance officers; appointment; qualifications; salaries; expenses

A. Adult surveillance officers shall be appointed and shall qualify pursuant to section 12-251.

B. Adult surveillance officers shall be hired, salary ranges shall be fixed and expenses and allowances shall be paid pursuant to section 12-252.
A.R.S. § 12-3014 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3014
12-3014 Immunity of arbitrator; competency to testify; attorney fees and litigation expenses
Status: in_force

12-3014. Immunity of arbitrator; competency to testify; attorney fees and litigation expenses

A. An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.

B. The immunity afforded by this section supplements any immunity under other law.

C. The failure of an arbitrator to make a disclosure required by section 12-3012 does not cause any loss of immunity under this section.

D. In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:

1. To the extent necessary to determine the claim of an arbitrator, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding.

2. To a hearing on a motion to vacate an award under section 12-3023, subsection A, paragraph 1 or 2 if the movant establishes prima facie that a ground for vacating the award exists.

E. If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of the arbitrator, organization or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection D of this section, and the court decides that the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney fees and other reasonable expenses of litigation.
A.R.S. § 12-1632 — Arizona Code / Title 12 / Chapter 9 / Article 8 / Section 1632
12-1632 Disclosure of property; execution
Status: in_force

12-1632. Disclosure of property; execution

A. After issuing an execution and upon proof by affidavit or otherwise, if it appears to the court that a judgment debtor has property which he unjustly refuses to apply toward satisfaction of the judgment, the court may order the judgment debtor to appear at a specified time and place before the court or a referee, to answer concerning the failure to apply such property to satisfy the judgment.

B. Such proceedings may thereupon be had for application of the property of the judgment debtor toward satisfaction of the judgment as are provided upon return of an execution.
A.R.S. § 12-313 — Arizona Code / Title 12 / Chapter 3 / Article 2 / Section 313
12-313 Probate conservatorship, guardianship and fiduciary fees
Status: in_force

12-313. Probate conservatorship, guardianship and fiduciary fees

A. A fee established pursuant to section 12-284 shall be paid by the petitioner to the clerk of the superior court on filing any of the following:

1. A petition in a formal testacy or appointment proceeding,

2. An application for informal probate or informal appointment,

3. A petition for supervised administration,

4. A petition to appoint a guardian,

5. A petition to appoint a conservator or make other protective order.

B. If the same person petitions for special letters as well as for general letters in a single estate, he shall pay only one fee. If in a single estate the same person files an application or petition under title 14, chapter 3 and a subsequent petition under the same chapter a fee established pursuant to section 12-284 shall be paid for each such filing. If a petition to appoint a guardian also requests appointment of a conservator or other protective order, only one fee shall be due for the filing. If the public fiduciary is the petitioner, the fee shall not be required to be paid on filing any of the petitions or applications for a protective order, except that such fee shall be paid by the public fiduciary out of any assets of each such estate prior to his discharge at the termination of such estate.

C. Any person opposing a petition in a testacy or appointment proceeding or appointment of a guardian or conservator shall pay a fee established pursuant to section 12-284 to the clerk. Every person opposing such contest, unless he has previously paid a clerk's fee in the matter, shall pay a fee established pursuant to section 12-284 to the clerk. The provisions of sections 12-311 and 12-312 in relation to several persons appearing by the same attorney are applicable to this section.
A.R.S. § 12-1604 — Arizona Code / Title 12 / Chapter 9 / Article 5 / Section 1604
12-1604 Liability of officer for failure to perform duties
Status: in_force

12-1604. Liability of officer for failure to perform duties

An officer whose duties are prescribed in this article shall be liable on his official bond to a party aggrieved for failure to perform the duties prescribed by this article.
A.R.S. § 12-1598.09 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.09
12-1598.09 Discharge of garnishee
Status: in_force

12-1598.09. Discharge of garnishee

If it appears from the answer of the garnishee that he did not employ the judgment debtor at the time the writ was served, would not owe earnings to the judgment debtor within sixty days after service of the writ on the garnishee or the garnishee was unable to determine the identity of the judgment debtor after making a good faith effort to do so, and if no written objection is timely filed, the court shall enter judgment discharging the garnishee.
A.R.S. § 12-2504 — Arizona Code / Title 12 / Chapter 16 / Article 1 / Section 2504
12-2504 Release or covenant not to sue
Status: in_force

12-2504. Release or covenant not to sue

If a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death both of the following apply:

1. It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant or in the amount of the consideration paid for it, whichever is the greater.

2. It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
A.R.S. § 12-1259 — Arizona Code / Title 12 / Chapter 8 / Article 9 / Section 1259
12-1259 Judgment for plaintiff for rental value from time of judgment to delivery of possession
Status: in_force

12-1259. Judgment for plaintiff for rental value from time of judgment to delivery of possession

A. When plaintiff shows himself entitled to immediate possession of the premises, judgment shall be entered accordingly.

B. The plaintiff may also, on motion and ten days notice in writing, have judgment for the rent or rental value of the premises which accrues after judgment and before delivery of possession, unless judgment is stayed on appeal and bond given to suspend the judgment, in which event the motion may be made after affirmance of the judgment.
A.R.S. § 12-564 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 564
12-564 Qualified immunity; students; duty of care
Status: in_force

12-564. Qualified immunity; students; duty of care

A. A student who is in an educational or training program of a certified, accredited or state approved postsecondary institution that prepares students for licensing as a health care provider is not liable in a medical malpractice action for injury that occurs during or as a result of care that is provided while the student is in the program and under the supervision of a licensed health care provider unless gross negligence is established by clear and convincing evidence.

B. A student who is in an educational or training program of a certified, accredited or state approved postsecondary institution that prepares students for licensing as a health care provider does not owe an independent duty of care to a patient if the student is participating in patient care under the supervision of a licensed health care provider.

C. This section does not eliminate any responsibility of the supervising licensed health care provider for the student's actions.
A.R.S. § 12-212 — Arizona Code / Title 12 / Chapter 2 / Article 2 / Section 212
12-212 Powers; compensation
Status: in_force

12-212. Powers; compensation

A. The court commissioner may:

1. In the absence or inability to act of the judge appointing him, hear and determine ex parte motions for orders and writs, except orders for injunctions.

2. Take proof and report his conclusions upon any matter of fact, other than an issue of fact raised by the pleadings, on which information is required by the court. Either party may object to the report within five days after receiving written notice that it has been filed.

3. Take and approve bonds and undertakings in actions or proceedings in the court and examine the sureties thereon.

4. Administer oaths and take affidavits and depositions in any action or proceeding whatever.

5. Take acknowledgments and proof of deeds and other instruments requiring proof or acknowledgment under the laws of the state.

6. Charge and collect the same fees for performance of official acts as notaries public for like services.

7. Adopt an official seal upon which is engraved the words "court commissioner,...... (insert name of county) county, Arizona" and authenticate official acts with his seal.

8. Enter judgments pursuant to section 23-737.01.

B. When the court commissioner performs services in place of the judge of the superior court he shall be paid such amount as the court determines to be reasonable, considering the services performed. The state and county shall each pay one-half of the amount.
A.R.S. § 12-513 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 513
12-513 Civil action arising from unlawful mutilation; statute of limitation; treble damages
Status: in_force

12-513. Civil action arising from unlawful mutilation; statute of limitation; treble damages

A. Notwithstanding sections 12-505, 12-511 and 12-542, an action for the recovery of damages based on the commission against the plaintiff of an act in violation of section 13-1214 or 13-3620 if the violation involved the failure to report unlawful mutilation shall be commenced not later than ten years from the date the plaintiff turns eighteen years of age or six years after the effective date of this section, whichever is longer.

B. If judgment is entered for the plaintiff, the court shall award the plaintiff treble damages, costs and reasonable attorney fees.
A.R.S. § 12-694 — Arizona Code / Title 12 / Chapter 6 / Article 10 / Section 694
12-694 Bringing action; court
Status: in_force

12-694. Bringing action; court

An action for recovery of damages under this article may be brought in any court of competent jurisdiction, including the small claims division of a justice court, if the total actual damages and penalties do not exceed the jurisdictional limit of the court.
A.R.S. § 12-553 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 553
12-553 Limited liability of equine owners and owners of equine facilities; exception; definitions
Status: in_force

12-553. Limited liability of equine owners and owners of equine facilities; exception; definitions

A. An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if:

1. The person has taken control of the equine from the owner or agent when the injury or death occurs.

2. The person or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking control of the equine.

3. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, leased or borrowed. If the person has personally tacked the equine, the person assumes full responsibility for the suitability, installation and condition of the tack.

4. The owner or agent assigns the person to a suitable equine based on a reasonable interpretation of the person's representation of his skills, health and experience with and knowledge of equines.

B. Subsection A does not apply to an equine owner or agent of the equine owner who is grossly negligent or commits wilful, wanton or intentional acts or omissions.

C. An owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine with or without the owner's permission is not liable for injury to or death of the equine or the rider or handler.

D. Subsection C does not apply to an owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine if either of the following applies:

1. The owner, lessor or agent knows or should know that a hazardous condition exists and the owner, lessor or agent fails to disclose the hazardous condition to a rider or handler of an equine.

2. The owner, lessor or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.

E. As used in this section:

1. "Equine" means a horse, pony, mule, donkey or ass.

2. "Release" means a document that a person signs before taking control of an equine from the owner or owner's agent and that acknowledges that the person is aware of the inherent risks associated with equine activities, is willing and able to accept full responsibility for his own safety and welfare and releases the equine owner or agent from liability unless the equine owner or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.
A.R.S. § 12-3408 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3408
12-3408 Considerations for partition in kind
Status: in_force

12-3408. Considerations for partition in kind

A. In determining under section 12-3407 whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider all of the following factors:

1. Whether the heirs property practicably can be divided among the cotenants.

2. Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur.

3. Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other.

4. A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant.

5. The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property.

6. The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance or upkeep of the property.

7. Any other relevant factor.

B. The court may not consider any one factor listed in subsection A of this section to be dispositive without weighing the totality of all relevant factors and circumstances.
A.R.S. § 12-3402 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3402
12-3402 Definitions
Status: in_force

12-3402. Definitions

In this chapter, unless the context otherwise requires:

1. "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.

2. "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.

3. "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.

4. "Determination of value" means a court order that determines the fair market value of heirs property or that adopts the valuation of the property agreed to by all cotenants.

5. "Heirs property" means real property that is held in tenancy in common and that satisfies all of the following requirements as of the filing of a partition action:

(a) There is no agreement in a record that binds all the cotenants and that governs the partition of the property.

(b) One or more of the cotenants acquired title from a relative, whether living or deceased.

(c) Any of the following applies:

(i) Twenty percent or more of the interests are held by cotenants who are relatives.

(ii) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased.

(iii) Twenty percent or more of the cotenants are relatives.

6. "Partition by sale" means a court-ordered sale of the entire heirs property, whether by open-market sale, sealed bids or auction.

7. "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.

8. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

9. "Relative" means an ascendant, descendant or collateral or an individual who is otherwise related to another individual by blood, marriage or adoption or by any other law of this state.
A.R.S. § 12-116.04 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.04
12-116.04 Assessment; law enforcement officer equipment; gang and immigration intelligence team enforcement mission
Status: in_force

12-116.04. Assessment; law enforcement officer equipment; gang and immigration intelligence team enforcement mission

A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of thirteen dollars on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and assessments collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city treasurer.

C. The city or county treasurer shall transmit eight dollars of the assessment and the remittance report to the state treasurer. The state treasurer shall deposit four dollars of the assessment in the public safety equipment fund established by section 41-1723 and the remaining four dollars of the assessment in the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41-1724.

D. The city or county treasurer shall transmit four dollars of the assessment and the remittance report to the agency that investigated the offense or issued the citation to be used to supplement, not supplant, monies available for officer safety equipment.

E. The city treasurer shall transmit one dollar of the assessment and the remittance report to the county treasurer.  The county treasurer shall transmit one dollar of the assessment and any monies received from the city treasurer pursuant to this subsection to the following entities to be used to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve court automation and to improve case processing or the administration of justice:

1. In a county with a population of less than two million persons, to the justice courts, distributed proportionally based on the judicial productivity credits calculated pursuant to section 22-125.

2. In a county with a population of two million persons or more, to the justice court administration.
A.R.S. § 12-174 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 174
12-174 Hearing; representation; no appeal right
Status: in_force

12-174. Hearing; representation; no appeal right

A. A small claims hearing shall be informal and the judge or commissioner may hear any testimony and receive any evidence necessary for a just and equitable determination of the case. All testimony shall be given under oath.

B. A party in a small claims case may appear on his own behalf or may be represented by an attorney licensed in this state or any other person the court allows to participate in the hearing.

C. The judgment in a small claims case in the tax court is conclusive on all parties and shall not be appealed. The judgment may include any orders necessary to effectuate the judgment but shall not be considered as judicial precedent or be given any effect in any other proceeding.
A.R.S. § 12-3026 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3026
12-3026 Jurisdiction
Status: in_force

12-3026. Jurisdiction

A. A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.

B. An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this chapter.
A.R.S. § 12-2407 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2407
12-2407 Time to request hearing date; form of request
Status: in_force

12-2407. Time to request hearing date; form of request

A. Each party served with a copy of the notice set forth in section 12-2405 and an application for any provisional remedy may request a date be set for the hearing on such application by filing with the clerk of the court within ten days after service of the notice a written request for hearing date. A copy of such request for hearing date shall be mailed by the clerk to the attorney for or the party seeking the provisional remedy.

B. The request for hearing date shall be in writing, but need not set forth defensive matter. It shall only indicate that a date for hearing be set and need not be under oath.
A.R.S. § 12-3152 — Arizona Code / Title 12 / Chapter 23 / Article 1 / Section 3152
12-3152 Superior court; vacancies; fingerprinting; applicability
Status: in_force

12-3152. Superior court; vacancies; fingerprinting; applicability

A. Except as provided in subsection B of this section, a person who applies to the governor to fill a vacancy on the superior court, before appointment, shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

B. This section does not apply to a superior court applicant who has already submitted a full set of fingerprints to the supreme court, the commission on appellate court appointments or the commission on trial court appointments.
A.R.S. § 12-1587 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1587
12-1587 Discharge of garnishee if judgment or order not obtained within ninety days; exceptions
Status: in_force

12-1587. Discharge of garnishee if judgment or order not obtained within ninety days; exceptions

If no judgment or order is entered against the garnishee within ninety days after the filing of the garnishee's answer, any monies, property, shares or other interest held by the garnishee pursuant to the writ shall be released to the judgment debtor, and the garnishee shall be discharged on the writ and fully and completely released from any further liability to the judgment creditor with respect to the property released pursuant to this section. This section is not applicable if either party has filed a written objection pursuant to section 12-1580, nor to monies or property held for a trustee in bankruptcy if the judgment debtor has filed bankruptcy, nor to monies or property held under provisional remedies pursuant to chapter 14 of this title.
A.R.S. § 12-343 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 343
12-343 Costs of new trial, arrest of judgment or insufficient pleadings
Status: in_force

12-343. Costs of new trial, arrest of judgment or insufficient pleadings

A. The costs of a new trial may either abide the result of the action or may be taxed against the party to whom a new trial is granted, as may be adjudged by the court at the time of granting a new trial.

B. When a judgment is arrested or a verdict set aside because of insufficiency of the pleadings of the party in whose favor the verdict or judgment was rendered, the costs thereof shall be taxed against the party whose pleadings were adjudged insufficient.
A.R.S. § 12-864.01 — Arizona Code / Title 12 / Chapter 7 / Article 4 / Section 864.01
12-864.01 Proof of contempt of court
Status: in_force

12-864.01. Proof of contempt of court

A. If a person is ordered to pay child support and there is proof that the person has failed to comply with the order together with proof that the order was made and was filed and served on that person or proof that the person was present in court at the time the order was made, then the court may presume that the person is in contempt of court.

B. The respondent may affirmatively defend and prove that the respondent is unable to comply with the court order.

C. A person found in contempt of court pursuant to this section has the burden to prove by a preponderance of the evidence that the person is unable to purge the contempt order as prescribed by the court.
A.R.S. § 12-613 — Arizona Code / Title 12 / Chapter 6 / Article 2 / Section 613
12-613 Measure of damages; nonliability for debts of decedent
Status: in_force

12-613. Measure of damages; nonliability for debts of decedent

In an action for wrongful death, the jury shall give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover, and also having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default. The amount recovered in such action shall not be subject to debts or liabilities of the deceased, unless the action is brought on behalf of the decedent's estate.
A.R.S. § 12-1133 — Arizona Code / Title 12 / Chapter 8 / Article 2.1 / Section 1133
12-1133 Just compensation; slum clearance and redevelopment
Status: in_force

12-1133. Just compensation; slum clearance and redevelopment

(Caution: 1998 Prop. 105 applies)

In any eminent domain action for the purpose of slum clearance and redevelopment, if private property consisting of an individual's principal residence is taken, the occupants shall be provided a comparable replacement dwelling that is decent, safe, and sanitary as defined in the state and federal relocation laws, section 11-961 et seq. and 42 USC 4601 et seq., and the regulations promulgated thereunder.  At the owner's election, if monetary compensation is desired in lieu of a replacement dwelling, the amount of just compensation that is made and determined for that taking shall not be less than the sum of money that would be necessary to purchase a comparable replacement dwelling that is decent, safe, and sanitary as defined in the state and federal relocation laws and regulations.
A.R.S. § 12-721 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 721
12-721 Prohibited commencement of qualified civil liability actions; firearm manufacturers and sellers; applicability; attorney fees and costs; definitions
Status: in_force

12-721. Prohibited commencement of qualified civil liability actions; firearm manufacturers and sellers; applicability; attorney fees and costs; definitions

A. A person may not commence a qualified civil liability action.

B. This section does not prohibit a person who is under seventeen years of age from recovering damages pursuant to a civil action authorized by a federal or state law described in subsection C, paragraph 4, subdivision (c), item (i), (ii), (iii), (iv) or (v) of this section.

C. The prevailing party in an action filed pursuant to this section shall recover reasonable attorney fees and costs.

D. For the purposes of this section:

1. "Engaged in the business" means any of the following:

(a) As applied to a manufacturer of firearms, a person that devotes time, attention and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the manufactured firearms.

(b) As applied to a manufacturer of ammunition, a person that devotes time, attention and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the manufactured ammunition.

(c) As applied to a dealer in firearms, as defined in 18 United States Code section 921(a)(11)(A), a person that devotes time, attention and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms but does not include a person who makes occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection or for a hobby or who sells all or part of the person's personal collection of firearms.

(d) As applied to a dealer in firearms, as defined in 18 United States Code section 921(a)(11)(B), a person that devotes time, attention and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks or trigger mechanisms to firearms.

(e) As applied to an importer of firearms, a person that devotes time, attention and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the imported firearms.

(f) As applied to an importer of ammunition, a person that devotes time, attention and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the imported ammunition.

2. "Manufacturer" means, with respect to a qualified product, a person that is engaged in the business of manufacturing the product in interstate or foreign commerce and that is licensed to engage in business.

3. "Negligent entrustment" means supplying a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others.

4. "Qualified civil liability action" means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product or a trade association for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties or other relief resulting from the criminal or unlawful misuse of a qualified product by the person or a third party. Qualified civil liability action does not include:

(a) An action brought against a transferor convicted under 18 United States Code section 924(h) or section 13-3102, subsection A, paragraph 14 by a party directly harmed by the conduct of which the transferee is convicted.

(b) An action brought against a seller for negligent entrustment or negligence per se.

(c) An action in which a manufacturer or seller of a qualified product knowingly violated a state or federal law applicable to the sale of the qualified product and the violation was a proximate cause of the harm for which relief is sought, including any of the following:

(i) Any case in which the manufacturer or seller knowingly made any false entry in or failed to make appropriate entry in any record required to be kept under federal or state law with respect to the qualified product or aided, abetted or conspired with any person in making any false or fictitious oral or written statement with respect to any fact material to the lawfulness of the sale or other disposition of a qualified product.

(ii) Any case in which the manufacturer or seller aided, abetted or conspired with any other person to sell or otherwise dispose of a qualified product, knowing or having reasonable cause to believe that the actual buyer of the qualified product was prohibited from possessing or receiving a firearm or ammunition under 18 United States Code section 922(g) or (n).

(iii) An action for breach of contract or warranty in connection with the purchase of the qualified product.

(iv) An action for death, physical injury or property damage resulting directly from a defect in the design or manufacture of the qualified product, when used as intended or in a reasonably foreseeable manner, except that if the discharge of the qualified product was caused by a volitional act that constituted a criminal offense, the act is considered the sole proximate cause of any resulting death, personal injury or property damage.

(v) An action or proceeding commenced by the United States attorney general to enforce 18 United States Code chapter 44 or 26 United States Code chapter 53.

5. "Qualified product" means a firearm as defined in 18 United States Code section 921(a)(3)(A) or (B), including an antique firearm as defined in 18 United States Code section 921(a)(16) or ammunition as defined in 18 United States Code section 921(a)(17)(A) or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce.

6. "Seller" means, with respect to a qualified product, any of the following:

(a) An importer as defined in 18 United States Code section 921(a)(9) that is engaged in the business as an importer in interstate or foreign commerce and that is licensed to engage in business as an importer under 18 United States Code chapter 44.

(b) A dealer as defined in 18 United States Code section 921(a)(11) that is engaged in the business as a dealer in interstate or foreign commerce and that is licensed to engage in business as a dealer under 18 United States Code chapter 44.

(c) A person that is engaged in the business of selling ammunition as defined in 18 United States Code section 921(a)(17)(A) in interstate or foreign commerce at the wholesale or retail level.

7. "Trade association" means any corporation, unincorporated association, federation, business league or professional or business organization that is all of the following:

(a) Not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual.

(b) Is an organization described in 26 United States Code section 501(c)(6) and is exempt from tax under 26 United States Code section 501(a).

(c) Two or more members of which are manufacturers or sellers of a qualified product.

8. "With the principal objective of livelihood and profit" means the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain as opposed to other intents, including improving or liquidating a personal firearms collection.
A.R.S. § 12-1334 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1334
12-1334 Endorsement on writ and return
Status: in_force

12-1334. Endorsement on writ and return

The officer taking the bond shall endorse on the original writ that the claim has been made and bond given, stating by whom, the names of the sureties and to what justice or court the bond has been returned, and he shall forthwith return the original writ to the justice or court from which it issued.
A.R.S. § 12-1284 — Arizona Code / Title 12 / Chapter 8 / Article 11 / Section 1284
12-1284 Notice of redemption by subsequent lienholder
Status: in_force

12-1284. Notice of redemption by subsequent lienholder

To entitle a subsequent lienholder to redeem he shall, within the applicable period of redemption as provided in section 12-1282, file with the county recorder of the county in which the sale is made a notice in writing stating that he intends to redeem and specifying his lien and the amount thereof and its order of priority, and shall deliver a copy thereof to the sheriff of the county.
A.R.S. § 12-118 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 118
12-118 Use of credit cards by courts; definition
Status: in_force

12-118. Use of credit cards by courts; definition

A. A court may accept a credit card, debit card, charge card, electronic transfer or other means as approved by the supreme court or the presiding judge for the payment of any monies payable to the court including but not limited to filing fees, bonds, fines, fees, sanctions, penalties, surcharges, assessments and restitution.

B. The court may impose a convenience fee for payment made pursuant to this section.

C. For the purposes of this section, "convenience fee" means an additional fee that is imposed by the court or an authorized agent for the acceptance of monies pursuant to subsection A of this section.
A.R.S. § 12-262 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 262
12-262 Submission of plan; use of funds; report
Status: in_force

12-262. Submission of plan; use of funds; report

A. The presiding judge of the superior court in each county desiring to improve, maintain or expand juvenile probation services, or to achieve or maintain the average adult probation case supervision requirement prescribed in section 12-251, may prepare a plan in accordance with guidelines issued by the supreme court. The plan shall be submitted to the state supreme court.  The supreme court guidelines shall require that the plan include:

1. That funds received under this article shall be used primarily for payment of salaries of probation officers supervising adults or juveniles on probation to the superior, justice or municipal court.

2. That the funds provided by the state for this purpose will be used to supplement county funds provided for probation services.

3. The proposed budget necessary to implement the plan, including the amount currently budgeted for that county's probation program.

B. If a county is subject to section 12-269, the following apply:

1. Beginning in fiscal year 2006-2007, the county's contribution to the hospitalization and medical care of the indigent sick, to the nonfederal portion of providing long-term care and for the administrative costs of implementing sections 36-2901.01 and 36-2901.04 shall be reduced pursuant to section 11-292, subsection Q.

2. The economic estimates commission shall increase the county's base expenditure limit beginning in the fiscal year that the county assumes funding responsibility pursuant to section 41-563, subsection D.

C. The supreme court shall report to the joint legislative budget committee all amounts provided to any county pursuant to this article for adult probation services or juvenile probation services.
A.R.S. § 12-135.01 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 135.01
12-135.01 Local alternative dispute resolution fund; report
Status: in_force

12-135.01. Local alternative dispute resolution fund; report

A. If an alternative dispute resolution fee is established pursuant to section 12-134, the county treasurer shall establish a local alternative dispute resolution fund. The superior court shall transmit monthly to the county treasurer for deposit in the local alternative dispute resolution fund all fees that are collected pursuant to section 12-134.

B. The presiding judge of the superior court shall administer the fund and may expend monies in the fund to establish, maintain, evaluate and enhance programs that are developed pursuant to sections 12-133 and 12-134. The county treasurer shall disburse monies from the fund only at the direction of the presiding judge of the superior court.

C. On notice from the presiding judge of the superior court, the county treasurer shall invest and divest monies in the fund, and monies earned from investments shall be credited to the fund.

D. Monies in the fund shall be used to supplement, not supplant, funding that would otherwise be made available for alternative dispute resolution programs.

E. On or before January 10 of each year, the county treasurer shall submit an annual report to the presiding judge of the superior court indicating the total amount of monies in the local alternative dispute resolution fund.
A.R.S. § 12-1553 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1553
12-1553 General execution
Status: in_force

12-1553. General execution

A general execution shall state the amount of the judgment and costs and the amount due thereon, and shall require the officer:

1. If the execution is against the property of the judgment debtor, to satisfy the judgment, with interest, out of the personal property of the debtor, and if sufficient personal property cannot be found, then out of his real property.

2. If the judgment is a lien upon real property, then to satisfy the judgment out of the real property belonging to the judgment debtor on the day when the judgment became a lien or at any time thereafter, but if the execution is issued to a county or from the court of a county other than the one in which the judgment was given, on the day when the judgment was docketed in the office of the clerk of the superior court of such county.

3. If the execution is against real or personal property in possession of heirs, devisees, legatees, tenants or trustees, to satisfy the judgment out of such property.
A.R.S. § 12-693 — Arizona Code / Title 12 / Chapter 6 / Article 10 / Section 693
12-693 Conviction for shoplifting; admissibility
Status: in_force

12-693. Conviction for shoplifting; admissibility

A conviction for shoplifting under section 13-1805 is not required to maintain an action pursuant to this article. An adjudication of not guilty of violation of section 13-1805 is admissible in an action for civil liability under sections 12-691 and 12-692. A person convicted for shoplifting under section 13-1805 is precluded from subsequently denying the essential allegations of the offense in any action pursuant to this article. For the purposes of this section, a conviction may result from a verdict or a plea including a no contest plea.
A.R.S. § 12-252 — Arizona Code / Title 12 / Chapter 2 / Article 6 / Section 252
12-252 Salaries and expenses
Status: in_force

12-252. Salaries and expenses

A. The salary ranges of the adult probation department personnel shall be fixed by the board of supervisors on recommendation of the presiding judge of the superior court. Adult probation department personnel shall be hired pursuant to the rules and procedures approved by the supreme court.

B. The expenses and allowances of the adult probation officers incurred in performance of their duty or in the execution of the orders of the court shall, when approved by the presiding judge of the superior court, be paid in the amounts provided in sections 38-623 and 38-624 in accordance with the approved expenditure plan pursuant to section 12-267, subsection B.
A.R.S. § 12-253 — Arizona Code / Title 12 / Chapter 2 / Article 6 / Section 253
12-253 Powers and duties
Status: in_force

12-253. Powers and duties

The adult probation officer shall:

1. Make and file a complete record of persons placed under suspended sentence by the court, and of all reports made to the officer in writing or in person, in accordance with the conditions imposed by the court.

2. Exercise general supervision and observation over persons under suspended sentence and supervision pursuant to section 13-3994, subject to control and direction by the court.

3. Serve warrants, make arrests and bring persons before the court who are under suspended sentences. The officer has the authority of a peace officer in the performance of the officer's duties.

4. Investigate cases referred to the officer for investigation by the court in which the officer is serving and report to the court. In an investigation for a presentence report, the adult probation officer shall promptly inquire into the circumstances of the offense, the convicted person's history of delinquency or criminality, social history, employment history, family situation, economic status, including the ability to contribute to reimbursement for the costs of the person's legal defense pursuant to section 11-584, education and personal habits. The presentence report shall contain a recommendation by the officer regarding contribution by the convicted person toward the costs of legal defense pursuant to section 11-584. The officer shall also promptly inquire into the physical, emotional and financial impact of the offense on the victim and the emotional and financial impact of the offense on the immediate family of the victim and shall notify the victim or the immediate family of the victim of the right to appear personally or by counsel at any aggravation or mitigation proceeding.

5. Secure and keep a complete identification record of every person released under a suspended sentence and a written statement of the conditions of the suspension.

6. Obtain and assemble information concerning the conduct of persons placed under suspended sentence and report the information to the court.

7. Bring defaulting probationers into court when in the probation officer's judgment the conduct of the probationer justifies the court to revoke suspension of the sentence.

8. Monitor the payment of restitution.
A.R.S. § 12-254 — Arizona Code / Title 12 / Chapter 2 / Article 6 / Section 254
12-254 Chief adult probation officer; duties; other officers' duties
Status: in_force

12-254. Chief adult probation officer; duties; other officers' duties

A. In each county having a chief adult probation officer, such officer, with the approval of the presiding judge, shall:

1. Establish organizational and operational procedures for the deputy adult probation officers of the county.

2. Direct the work and activities of the deputy adult probation officers of the county.

3. Supply such information as may be requested by the state department of corrections pursuant to section 41-1604, subsection A, paragraph 6.

4. Perform other duties assigned by the presiding judge, which duties may include serving as a juvenile probation officer, if such officer meets the minimum qualification prescribed by section 8-203, subsection C.

B. In a county having no chief probation officer the adult probation officer shall supply the information required by subsection A, paragraph 3 of this section.
A.R.S. § 12-1180 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1180
12-1180 Stay of proceedings on judgment; record on appeal
Status: in_force

12-1180. Stay of proceedings on judgment; record on appeal

When the appeal bond is filed and approved, the justice of the peace shall stay further proceedings on the judgment and immediately prepare a list of all entries on the justice's docket in the action and transmit it, together with all the original papers, to the clerk of the superior court of the county in which the trial was had.
A.R.S. § 12-1220 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1220
12-1220 Partition involving future estates; title of property after partition
Status: in_force

12-1220. Partition involving future estates; title of property after partition

A. When a partition is made between an owner who holds an estate for a term of years or for life with others who hold equal or greater estates, the partition shall not be prejudicial to those entitled to the reversion or remainder of such estates.

B. Each party to whom a share is allotted shall hold the share in severalty under the same conditions and covenants that it was held before partition was made, and no warranty, lease or right whatsoever shall be impaired or affected by the partition.
A.R.S. § 12-1833 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1833
12-1833 Before breach
Status: in_force

12-1833. Before breach

A contract may be construed either before or after there has been a breach thereof.
A.R.S. § 12-350 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 350
12-350 Determination of award; reasons; factors
Status: in_force

12-350. Determination of award; reasons; factors

In awarding attorney fees pursuant to section 12-349, the court shall set forth the specific reasons for the award and may include the following factors, as relevant, in its consideration:

1. The extent of any effort made to determine the validity of a claim before the claim was asserted.

2. The extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses found not to be valid.

3. The availability of facts to assist a party in determining the validity of a claim or defense.

4. The relative financial positions of the parties involved.

5. Whether the action was prosecuted or defended, in whole or in part, in bad faith.

6. Whether issues of fact determinative of the validity of a party's claim or defense were reasonably in conflict.

7. The extent to which the party prevailed with respect to the amount and number of claims in controversy.

8. The amount and conditions of any offer of judgment or settlement as related to the amount and conditions of the ultimate relief granted by the court.
A.R.S. § 12-1504 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1504
12-1504 Majority action by arbitrators
Status: in_force

12-1504. Majority action by arbitrators

The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this article.
A.R.S. § 12-1593 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1593
12-1593 Contempt proceedings
Status: in_force

12-1593. Contempt proceedings

A. If the judgment creditor fails to comply with any duty imposed upon him by this article, the court shall, upon petition of any party to the proceedings affected by such failure and after notice, hold a hearing to determine whether such failure to comply, if any, was occasioned by mistake, inadvertence or excusable neglect. If the court determines that any failure to comply was not the result of mistake, inadvertence or excusable neglect, the court shall find the judgment creditor in contempt and shall award the petitioner all of the following:

1. An amount to compensate for actual losses, if any, caused by the failure to comply.

2. Reasonable attorney fees, if the petitioner was represented by an attorney at such hearing.

3. Court costs.

4. An additional amount of not less than one hundred nor more than one thousand dollars.

B. If a bank, savings and loan association or credit union refuses to keep free from a writ of garnishment a total of one hundred fifty dollars in one or more of the accounts subject to the writ for each judgment debtor who has an interest in the account, or if a garnishee fails after a written notice and a thirty day grace period to comply with the terms of a judgment or order entered pursuant to section 12-1584 or 12-1585, unless that judgment or order is stayed or has expired, the judgment debtor may petition the court for relief. The court shall, after notice, hold a hearing to determine if such refusal or failure, if any, was wilful or the result of gross negligence. If the court determines that the refusal or failure was wilful or the result of gross negligence the court shall find the bank, savings and loan association, credit union or other garnishee in contempt and shall award the judgment debtor all of the following:

1. An amount to compensate for actual losses, if any, caused by the refusal or failure.

2. Reasonable attorney fees, if the judgment debtor was represented by an attorney at such hearing.

3. Court costs. The court may award the judgment debtor an additional amount of not to exceed four hundred dollars.

C. If a garnishee fails, after a written notice and a thirty day grace period, to comply with the terms of a judgment or order entered pursuant to section 12-1584 or 12-1585, unless that judgment or order is stayed or has expired, the judgment creditor may petition the court for relief. The court shall, after notice, hold a hearing to determine if such failure, if any, was wilful or the result of gross negligence. If the court determines that the failure was wilful or the result of gross negligence, the court shall find the garnishee in contempt and shall award the judgment creditor all of the following:

1. An amount to compensate for actual losses, if any, caused by the failure.

2. Reasonable attorney fees, if the judgment creditor was represented by an attorney at such hearing.

3. Court costs. The court may award the judgment creditor an additional amount of not to exceed four hundred dollars.

D. If after conducting a hearing required by subsection A, B or C of this section, the court determines that a petition filed pursuant to subsection A, B or C of this section is without merit, the court may award reasonable attorney fees to any party adversely affected by the petition, if the party adversely affected was represented by an attorney at such hearing.

E. A party may request the court to order the relief set forth in subsection A, B, C or D of this section in the case which is the basis of the garnishment.

F. This section does not restrict a party from pursuing any common law remedies.
A.R.S. § 12-1706 — Arizona Code / Title 12 / Chapter 9 / Article 11 / Section 1706
12-1706 Other rights of enforcement
Status: in_force

12-1706. Other rights of enforcement

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired.
A.R.S. § 12-2002 — Arizona Code / Title 12 / Chapter 11 / Article 1 / Section 2002
12-2002 Application for writ; grant of writ
Status: in_force

12-2002. Application for writ; grant of writ

A. An application for a writ of certiorari shall be made on affidavit by the party beneficially interested, and the court may grant the writ with or without notice to the adverse party, or may enter an order to show cause why it should not be granted.

B. The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings to be certified.

C. When the writ is directed to a tribunal, the clerk, if there is one, shall return the writ with the transcript required.
A.R.S. § 12-1595 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1595
12-1595 Garnishment of bank account in names of two or more persons; bond of judgment creditor
Status: in_force

12-1595. Garnishment of bank account in names of two or more persons; bond of judgment creditor

A. A bank deposit made in the names of two or more persons shall be subject to garnishment.

B. The answering garnishee shall, upon service of the writ, impound all funds then present in the bank account, and shall promptly notify each person who appears from the business records of the garnishee to have an interest in such bank account in addition to the judgment debtor that such account has been impounded, the name of the judgment creditor and judgment debtor and the court in which the action is pending as stated on the writ. The notice may be made personally or by registered mail, postage prepaid, addressed to each such person at his last known address as reflected by the business records of the garnishee.

C. The answer of the garnishee, in such case, shall state under oath the names of all persons who appear from the business records of the garnishee to have an interest in the bank account in addition to the judgment debtor. Upon the filing of the answer the court shall join all persons who appear to have an interest in the bank account in addition to the judgment debtor, as reflected by the answer of garnishee, and shall proceed to a determination of the interest of the judgment debtor therein.

D. Upon entry of an order based upon such proceeding all impounded funds, except those of the judgment debtor, shall be released by the garnishee. The matter shall otherwise proceed as in any other garnishment action.

E. All persons whose funds are impounded under the provisions of this section shall, together with the judgment debtor, be considered to be joint and several obligees of the bond provided for by section 12-1573, but the liability of the sureties on such bond shall be limited to the amount of the penal sum named in the bond.
A.R.S. § 12-303 — Arizona Code / Title 12 / Chapter 3 / Article 1 / Section 303
12-303 Witness fees and mileage
Status: in_force

12-303. Witness fees and mileage

A material witness attending the trial of a civil action shall be paid twelve dollars for each day's attendance to and including the time it was necessary for him to leave his residence and go to the place of trial and his discharge as a witness. The witness shall also be paid mileage at the rate of twenty cents for each mile actually and necessarily traveled from his place of residence in the state of Arizona to the place of trial, to be computed one way only.
A.R.S. § 12-1124 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1124
12-1124 Payment of compensation; effect of failure to pay
Status: in_force

12-1124. Payment of compensation; effect of failure to pay

Payment of compensation and damages may be made to a defendant or defendants entitled thereto, or the money may be deposited in court and distributed to the defendant or defendants entitled thereto. At the time the money is paid or deposited, all unpaid property taxes which were levied as of the date of the order for immediate possession, including penalties and interest, that are due on the property condemned shall be paid to the county treasurer in the county in which the condemned property is located. If the money is not so paid or deposited, the defendant or defendants or the county treasurer may have execution as in civil actions, and if the money cannot be collected on execution, the court, upon a showing to that effect, shall set aside and annul the entire proceedings, and restore possession of the property to defendant or defendants, if possession has been taken by plaintiff.
A.R.S. § 12-1223 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1223
12-1223 Writ of possession or sale of personal property
Status: in_force

12-1223. Writ of possession or sale of personal property

A. When a partition in kind of personal property is ordered, a writ shall be issued in accordance with the judgment, commanding the sheriff or a constable of the county where the property is located to put the parties forthwith in possession of the property allotted.

B. When the property will not admit of an equitable partition, the court shall ascertain the proportion to which each owner is entitled and shall order that the property be sold. An execution shall be issued to the sheriff or constable of the county where the property is located, describing the property and commanding the officer to sell it as in cases of execution and pay over the proceeds of sale to the parties entitled thereto in the proportion ascertained by judgment of the court.
A.R.S. § 12-516 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 516
12-516 Emergency declaration for a public health pandemic; immunity from liability for health professionals or health care institutions; burden of proof; presumption; applicability; definitions
Status: in_force

12-516. Emergency declaration for a public health pandemic; immunity from liability for health professionals or health care institutions; burden of proof; presumption; applicability; definitions

A. If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a health professional or health care institution that acts in good faith is not liable for damages in any civil action for an injury or death that is alleged to be caused by the health professional's or health care institution's action or omission while providing health care services in support of this state's response to the state of emergency declared by the governor unless it is proven by clear and convincing evidence that the health professional or health care institution failed to act or acted and the failure to act or action was due to that health professional's or health care institution's wilful misconduct or gross negligence.

B. Subsection A of this section applies to any action or omission that is alleged to have occurred during a person's screening, assessment, diagnosis or treatment and that is related to the public health pandemic that is the subject of the state of emergency or any action or omission that occurs in the course of providing a person with health care services and that is unrelated to the public health pandemic that is the subject of the state of emergency if the health professional's or health care institution's action or omission was in good faith support of this state's response to the state of emergency, including any of the following:

1. Delaying or canceling a procedure that the health professional determined in good faith was a nonurgent or elective dental, medical or surgical procedure.

2. Providing nursing care or procedures.

3. Altering a person's diagnosis or treatment in response to an order, directive or guideline that is issued by the federal government, this state or a local government.

4. An act or omission undertaken by a health professional or health care institution because of a lack of staffing, facilities, equipment, supplies or other resources that are attributable to the state of emergency and that render the health professional or health care institution unable to provide the level or manner of care to a person that otherwise would have been required in the absence of the state of emergency.

C. A health professional or health care institution is presumed to have acted in good faith if the health professional or health care institution relied on and reasonably attempted to comply with applicable published guidance relating to the public health pandemic that was issued by a federal or state agency.  This subsection does not prohibit a party from introducing any other evidence that proves the health professional or health care institution acted in good faith.

D. In the case of a claim against a nursing care institution or residential care institution, where the care in question did not directly relate to the public health pandemic, the burden is on the facility to prove that the act or omission was a direct result of having to provide care to patients needing treatment for the pandemic or due to limitations in equipment, supplies or staff caused by the pandemic.

E. This section applies to all claims that are filed before or after September 29, 2021 for an act or omission by a person that occurred on or after March 11, 2020 and that relates to a public health pandemic that is the subject of the state of emergency declared by the governor.

F. This section does not apply to any claim that is subject to title 23, chapter 6.

G. For the purposes of this section:

1. "Health care institution" has the same meaning prescribed in section 36-401 and includes an ambulance service as defined in section 36-2201.

2. "Health professional" has the same meaning prescribed in section 32-3201 and includes an ambulance attendant as defined in section 36-2201.
A.R.S. § 12-1331 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1331
12-1331 Claim of property levied upon; bond
Status: in_force

12-1331. Claim of property levied upon; bond

A. When a sheriff or other officer levies a writ of execution, attachment, replevin or similar writ upon personal property and such property or any part thereof is claimed by a person who is not a party to the writ, such person may present a written claim thereto, under oath, to the officer who made the levy, stating that the claim is made in good faith.

B. A person presenting a written claim as provided in subsection A shall also execute and deliver to the officer a bond to be approved by the officer, payable to the plaintiff in the writ, for an amount equal to double the value of the property so claimed, the value to be assessed by the officer.
A.R.S. § 12-1523 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1523
12-1523 Issuance of writ for debt or demand not due; affidavit; trial; judgment
Status: in_force

12-1523. Issuance of writ for debt or demand not due; affidavit; trial; judgment

A. After entry of an order pursuant to the requirements of chapter 14 of this title, a writ of attachment may issue although the plaintiff's debt or demand is not due, but final judgment shall not be rendered against the defendant until the debt or demand is due.

B. To obtain an attachment for a debt or demand not due, the plaintiff may file with the clerk or justice of the peace a complaint and shall file an affidavit showing:

1. That the defendant is indebted to the plaintiff upon a contract, express or implied, for the direct payment of money, stating the amount, and that the debt is not due.

2. That such contract was made or is payable in this state.

3. That payment of the debt has not been secured by a mortgage, pledge or lien.

4. The character of the debt sued for.

5. That there are no legal setoffs or counterclaims against the debt.

6. That the defendant is about to remove permanently from the state and has refused to secure the debt, or that he has secreted his property for the purpose of defrauding his creditors, or that he is about to remove his property from the state without leaving sufficient property remaining for payment of his debts, or that he has disposed of his property wholly or in part with intent to defraud his creditors, or that he is about to dispose of his property with intent to defraud his creditors.

C. The affidavit shall further state that the attachment is not sued out for the purpose of injuring or harassing the defendant and that the plaintiff will probably lose his debt unless the attachment is issued.

D. The facts set forth in the affidavit filed under this section may be denied by the defendant, and the issue so formed shall be tried as other questions of fact.

E. If judgment is for the defendant, the court shall fix and include in the judgment a reasonable attorney's fee and shall enter judgment therefor against the sureties upon the attachment bond.
A.R.S. § 12-1536 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1536
12-1536 Replevin of attached property by defendant; bond
Status: in_force

12-1536. Replevin of attached property by defendant; bond

At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by giving bond to be approved by the officer who levied the writ, payable to plaintiff in double the amount of plaintiff's debt, or, at defendant's option, for the value of the property replevied as estimated by such officer, conditioned that defendant will satisfy the judgment which may be rendered in the action, or will pay the estimated value of the property with lawful interest thereon from the date of the bond.
A.R.S. § 12-403 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 403
12-403 Transfer of action to new county
Status: in_force

12-403. Transfer of action to new county

All actions and proceedings, civil and criminal, pending at the time of the organization of a new county or the changing of county boundaries, if such action or proceeding should have been instituted in the new or changed county had it been organized before the institution thereof, shall be transferred to the new or changed county, and filed, docketed and proceeded with in like courts, or before like officers of the new county. The original papers shall be sent and transferred to the new or changed county, together with authenticated transcripts of the proceedings had therein up to the time of the transfer, and the courts and officers of the new or changed county shall have the same jurisdiction in, and power over, the actions and proceedings as they would have, had they been originally begun in or before them. Any failure or defect in a transcript or the authentication thereof, or transfer, may be cured at any time.
A.R.S. § 12-545 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 545
12-545 Bond of personal representative or guardian; four year limitation
Status: in_force

12-545. Bond of personal representative or guardian; four year limitation

An action on the bond of an executor, administrator or guardian shall be commenced and prosecuted within four years after the death, resignation, removal or discharge of such executor, administrator or guardian, and not afterward.
A.R.S. § 12-145 — Arizona Code / Title 12 / Chapter 1 / Article 3 / Section 145
12-145 Appointment of judges pro tempore of the court of appeals
Status: in_force

12-145. Appointment of judges pro tempore of the court of appeals

Upon request of the chief judge of a division of the court of appeals, the chief justice of the state supreme court may appoint judges pro tempore of the court of appeals for such division in the manner prescribed by this article, subject to the availability of appropriated funds.
A.R.S. § 12-1302 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1302
12-1302 Order for taking property
Status: in_force

12-1302. Order for taking property

After the provisions of chapter 14 of this title are complied with and upon filing of the affidavit prescribed in section 12-1301, the superior court judge or justice of the peace shall make an order requiring the sheriff, or if in a justice court the constable, to take the property specified in the affidavit from the defendant and deliver it to the plaintiff.
A.R.S. § 12-3017 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3017
12-3017 Witnesses; subpoenas; depositions; discovery
Status: in_force

12-3017. Witnesses; subpoenas; depositions; discovery

A. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths.  A subpoena must be served in the manner for service of subpoenas in a civil action and, on motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

B. In order to make the proceedings fair, expeditious and cost effective, on request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing.  The arbitrator shall determine the conditions under which the deposition is taken.

C. An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious and cost effective.

D. If an arbitrator permits discovery under subsection C, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.

E. An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.

F. All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.

G. The court may enforce a subpoena or discovery related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state on conditions determined by the court so as to make the arbitration proceeding fair, expeditious and cost effective.  A subpoena or discovery related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this state and, on motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.
A.R.S. § 12-1558 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1558
12-1558 Property subject to execution
Status: in_force

12-1558. Property subject to execution

A. All property, real and personal, not exempt by law, and all property and rights of property seized and held under attachment or garnishment in an action, are liable to execution.

B. Shares and interests in a corporation, and debts and credits, choses in action, and all other property, or any interest therein, legal or equitable, not capable of manual delivery, may be levied upon and sold under execution.
A.R.S. § 12-701 — Arizona Code / Title 12 / Chapter 6 / Article 11 / Section 701
12-701 Drugs; exemplary or punitive damages; definition
Status: in_force

12-701. Drugs; exemplary or punitive damages; definition

A. The manufacturer or seller of a drug is not liable for exemplary or punitive damages if the drug alleged to cause the harm either:

1. Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal food and drug administration under the food, drug and cosmetic act (21 United States Code section 301, et seq.) or the public health service act (42 United States Code section 201, et seq.) or

2. Is generally recognized as safe and effective pursuant to conditions established by the federal food and drug administration and applicable regulations, including packaging and labeling regulations.

B. Subsection A does not apply if the plaintiff proves, by clear and convincing evidence, that the defendant, either before or after making the drug available for public use, knowingly, in violation of applicable federal food and drug administration regulations, withheld from or misrepresented to the administration information known to be material and relevant to the harm which the plaintiff allegedly suffered.

C. In this section, "drug" means the same as provided in section 201(g)(1) of the federal food, drug and cosmetic act (21 United States Code section 321(g)(1)).
A.R.S. § 12-2323 — Arizona Code / Title 12 / Chapter 13 / Article 10 / Section 2323
12-2323 Privilege
Status: in_force

12-2323. Privilege

A. Except as provided in sections 12-2324, 12-2325 and 12-2326, any part of an audit report conducted by an organization is privileged and is not admissible as evidence or subject to discovery in any of the following:

1. A legal or an equitable civil action.

2. An administrative proceeding.

B. If called or subpoenaed as a witness, a person cannot be compelled to testify or produce a document related to an audit if both of the following apply:

1. The testimony or document discloses any privileged part of an audit report.

2. The person is:

(a) A person who conducted any portion of the audit but who did not personally observe the physical events.

(b) A person to whom the audit results are disclosed under section 12-2324, subsection B.

(c) A custodian of the audit results.

C. A person who conducts or participates in the preparation of an audit report and who has actually observed physical events of violation may testify regarding those events but may not be compelled to testify about or produce documents related to any privileged part of an audit report.

D. A state agency employee shall not request, review or otherwise use any privileged part of an audit report during an agency inspection of a regulated facility or operation or an activity of a regulated facility or operation.

E. A party asserting the privilege prescribed in this section has the burden of establishing the applicability of the privilege.
A.R.S. § 12-1591 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1591
12-1591 Taxing costs
Status: in_force

12-1591. Taxing costs

A. When the garnishee is discharged on the garnishee's answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against the judgment creditor.

B. When there is no written objection to the answer of the garnishee and the garnishee is held on the garnishee's answer, the attorney fees that are allowed by section 12-1572, paragraph 3 and costs as provided in subsection A of this section shall be taxed against the judgment debtor.

C. Where the answer is objected to in writing the attorney fees and costs shall abide the issue.
A.R.S. § 12-999 — Arizona Code / Title 12 / Chapter 7 / Article 12 / Section 999
12-999 Commercial property nuisances; temporary restraining order; notice; hearing
Status: in_force

12-999. Commercial property nuisances; temporary restraining order; notice; hearing

A. If the existence of a nuisance on commercial property as described in section 12-998 is shown in the action to the satisfaction of the court either by verified complaint or affidavit, the court shall enter a temporary restraining order to abate and prevent continuance or recurrence of the criminal activity.  The complaint shall be verified unless it is filed by the attorney general or a county or city attorney.

B. Notice of the entry of a temporary restraining order, copies of the temporary restraining order and the complaint and notice of an opportunity for a hearing shall be served on the defendant named in the action.  Service shall be made pursuant to the Arizona rules of civil procedure.

C. A person who is directed to abate criminal activity pursuant to a temporary restraining order issued pursuant to subsection A of this section may request a hearing within ten days after receiving the notice.  A verified answer to the complaint shall be filed with the request for a hearing.  If a hearing is requested, notice of the request shall be served on the plaintiff.  The temporary restraining order remains in effect until the hearing is completed.

D. If at the hearing the court determines that reasonable grounds exist to believe that a nuisance, as described in section 12-998, subsection A, exists, the court shall issue a permanent injunction abating the criminal activity and may issue any other order that is reasonably necessary to abate the criminal activity, including damages.  If the court determines that reasonable grounds do not exist to believe that a nuisance exists, the court shall dismiss the action and terminate the temporary restraining order.

E. A hearing on an action under this section shall be set within thirty days after the request is filed or after a verified answer to the complaint is filed if a temporary restraining order has not been issued. Before the hearing, the court may order any discovery that the court considers to be reasonably necessary and appropriate.

F. If a hearing is not requested, the court shall issue a permanent injunction abating the criminal activity.
A.R.S. § 12-2401 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2401
12-2401 Definitions
Status: in_force

12-2401. Definitions

In this article, unless the context otherwise requires:

1. "Party" means any plaintiff or defendant in any civil action, in any superior or justice court of this state.

2. "Property" means any present or future interest in wages, real estate, goods, chattels or choses in action whether such interest is vested or contingent.

3. "Provisional remedy" means the remedies of attachment, garnishment or replevin, but shall not include garnishment of wages.
A.R.S. § 12-2231 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2231
12-2231 Husband and wife; anti-marital fact
Status: in_force

12-2231. Husband and wife; anti-marital fact

In a civil action a husband shall not be examined for or against his wife without her consent, nor a wife for or against her husband without his consent, except as provided in section 12-2232.
A.R.S. § 12-771 — Arizona Code / Title 12 / Chapter 6 / Article 17 / Section 771
12-771 Factual innocence; judicial determination; procedure; definition
Status: in_force

12-771. Factual innocence; judicial determination; procedure; definition

A. A person, or a prosecuting agency on behalf of the person, may petition the superior court for a judicial determination of the person's factual innocence if as a result of the person’s personal identifying information being taken, the person's name was either:

1. Used by another person who was arrested, cited or charged with a criminal offense.

2. Entered as of record in a judgment of guilt in a criminal case.

B. The petition shall be filed in the superior court in the county in which the arrest was made, the citation was issued or the charge was filed.

C. If the charge was filed in a justice of the peace court or municipal court the justice of the peace or presiding officer of a municipal court shall transmit all papers in the case, a copy of all proceedings as shown by the docket and all orders entered in the action to the clerk of the superior court of the county.

D. If no charge was filed the petition shall be served on the arresting or citing law enforcement agency.

E. If a charge was filed:

1. The petition, if filed by the person, shall be served on the prosecuting agency and, if applicable, a copy of the petition shall be provided to the defense attorney.

2. The prosecuting agency, on the filing of the petition, shall provide notice to all victims pursuant to section 13-4440.

F. The court may conduct a hearing to determine the person's factual innocence.

G. If the court finds by clear and convincing evidence that the person's name was used as set forth in subsection A of this section the court shall find the person factually innocent of the offense.

H. On a finding of factual innocence the court shall notify the following, if applicable:

1. The person.

2. The prosecuting agency.

3. The law enforcement agency.

4. The defense attorney.

I. The court shall consider a person or party's request to expedite the judicial determination.

J. Nothing in this section shall delay a proceeding or in any other manner affect a criminal case.

K. For the purposes of this section, "personal identifying information" has the same meaning prescribed in section 13-2001.
A.R.S. § 12-1708 — Arizona Code / Title 12 / Chapter 9 / Article 11 / Section 1708
12-1708 Short title
Status: in_force

12-1708. Short title

This article may be cited as the uniform enforcement of foreign judgments act.
A.R.S. § 12-1551 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1551
12-1551 Issuance of writ of execution; limitation; renewal; death of judgment debtor; applicability
Status: in_force

12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; applicability

A. The party in whose favor a judgment is given, at any time within ten years after entry of the judgment and within ten years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforcement.

B. An execution or other process shall not be issued on a judgment after the expiration of ten years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within ten years after the date of the entry of the judgment or of its renewal.

C. The court shall not issue a writ of execution after the death of the judgment debtor unless it is for the recovery of real or personal property or enforcement of a lien.

D. This section applies to:

1. All judgments that were entered on or after August 3, 2013.

2. All judgments that were entered on or before August 2, 2013 and that were renewed on or before August 2, 2018, except that a writ of execution or other process may not be issued for a judgment entered on or before August 2, 2013 that was not renewed on or before August 2, 2018.

E. This section does not apply to:

1. Criminal restitution orders entered pursuant to section 13-805.

2. Written judgments and orders for child support and spousal maintenance and to associated costs and attorney fees.

3. Civil judgments obtained by this state that are either of the following:

(a) Entered on or after September 13, 2013.

(b) Entered before September 13, 2013 and that were current and collectable under the laws applicable on September 13, 2013.

4. Judgments directing the sale of property pursuant to title 42, chapter 18, article 6.
A.R.S. § 12-3404 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3404
12-3404 Relation to other law; service; notice by posting
Status: in_force

12-3404. Relation to other law; service; notice by posting

A. In an action to partition real property under section 14-3911, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the heirs property must be partitioned pursuant to this chapter unless all of the cotenants otherwise agree. This section does not limit or affect the method by which service of a petition in a partition action may be made.

B. In a partition action, if the plaintiff seeks to give notice of the action by publication and the court determines that the property may be heirs property, not later than ten days after the court's determination that the property may be heirs property the plaintiff shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the partition action. The sign shall state that the partition action has commenced and shall identify the name and address of the court and the legal description of the property.  The court may require the petitioner to publish on the sign the name of the petitioner and the known respondents.
A.R.S. § 12-2601 — Arizona Code / Title 12 / Chapter 17 / Article 1 / Section 2601
12-2601 Definitions
Status: in_force

12-2601. Definitions

In this article, unless the context otherwise requires:

1. "Claim" means a legal cause of action except for actions relating to health care under sections 12-561 through 12-563 of this title or under title 46, chapter 4 or an affirmative defense to which all of the following apply:

(a) The claim is asserted against a licensed professional in a complaint, answer, cross-claim, counterclaim or third party complaint.

(b) The claim is based on the licensed professional's alleged breach of contract, negligence, misconduct, errors or omissions in rendering professional services.

(c) Expert testimony is necessary to prove the licensed professional's standard of care or liability for the claim.

2. "Expert" means a person who is qualified by knowledge, skill, experience, training or education to express an opinion regarding a licensed professional's standard of care or liability for the claim.

3. "Licensed professional" means a person, corporation, professional corporation, partnership, limited liability company, limited liability partnership or other entity that is licensed by this state to practice a profession or occupation under title 20 or 32 or that is admitted to the state bar.
A.R.S. § 12-1598 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598
12-1598 Definitions
Status: in_force

12-1598. Definitions

In this article, unless the context otherwise requires:

1. "Debt scheduling" means counseling and assistance provided to persons by a qualified debt counseling organization if:

(a) The counseling and assistance are manifested by a written agreement.

(b) The persons pay that portion of their income that has been determined to not be required to make payments for support of a person or to maintain health or the essentials of life.

(c) The payments are made to the qualified debt counseling organization until the debts are fully satisfied.

(d) The debts are determined as follows:

(i) The creditors are notified by the qualified debt counseling organization of the person's intent to participate in debt scheduling and of their opportunity to object to the participation within fifteen days after receiving the notice.

(ii) A creditor not so notified is not subject to the agreement.

(iii) A creditor who timely objects, in writing, is not subject to the agreement.

(iv) A creditor who does not timely respond to the notice, in writing, is subject to the agreement.

(e) The agreement is terminated on the occurrence of any of the following:

(i) Agreement of the parties.

(ii) Payment in full.

(iii) Death of the persons.

(iv) Filing of a voluntary or involuntary petition in bankruptcy.

(v) Failure to pay, within fifteen days of its due date, any payment due under the agreement.

2. "Deliver" means any of the following:

(a) To hand deliver.

(b) To mail by regular first class mail to the address which the sender determines through reasonable good faith efforts to be best calculated to reach the recipient in a timely manner.

(c) To serve on a party pursuant to the rules of civil procedure applicable to service of a summons.

3. "Disposable earnings" means that amount remaining from the gross earnings for a pay period after the deductions required by state and federal law.

4. "Earnings" means compensation paid or payable for personal services, whether these payments are called wages, salary, commission, bonus or otherwise. Earnings include periodic payments pursuant to a pension or retirement program.

5. "Effective agreement" means an agreement under which no act of termination has occurred.

6. "Exempt earnings" means those earnings or that portion of earnings which pursuant to state or federal law is not subject to judicial process including garnishment.

7. "Good faith" means honesty in fact in the conduct or transaction concerned.

8. "Judgment creditor" means a party who has a money judgment or an order for support of a person that is due and unpaid.

9. "Judgment debtor" means a party against whom a money judgment or order for support of a person has been awarded.

10. "Nonexempt earnings" means those earnings or that portion of earnings which is subject to judicial process including garnishment.

11. "Payday" means the fixed, regular day for payment of wages designated by an employer pursuant to section 23-351.

12.  "Qualified debt counseling organization" means a nonprofit corporation authorized to do business in this state for the purpose of counseling persons with respect to their financial obligations and assisting them in dealing with their creditors.

13. "Receipt" means actually received.
A.R.S. § 12-591 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 591
12-591 Assignment of periodic installments
Status: in_force

12-591. Assignment of periodic installments

An assignment of or an agreement to assign any right to periodic installments for future damages is not enforceable except for:

1. The payment of alimony, maintenance, spousal support or child support.

2. The costs of products, services or accommodations provided or to be provided by the assignee for health care.

3. Attorney fees and other litigation expenses incurred in obtaining or enforcing the judgment.
A.R.S. § 12-242 — Arizona Code / Title 12 / Chapter 2 / Article 5 / Section 242
12-242 Interpreters for deaf persons; proceedings; definitions
Status: in_force

12-242. Interpreters for deaf persons; proceedings; definitions

A. The court shall in any civil or criminal case or grand jury proceeding in which a deaf person is party to such action, either as a witness, complainant, defendant or attorney, appoint a qualified interpreter to interpret the proceedings to the deaf person, to interpret the deaf person's testimony or statements and to interpret preparations with the deaf person's attorney.

B. A department, board, commission, agency or licensing authority of this state or a political subdivision of this state shall, in any proceeding before such department, board, commission, agency or licensing authority in which a deaf person is a principal party of interest or witness, appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person's testimony or statements.

C. If a person known or ascertained to be deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officer, the officer's superiors or the court shall procure a qualified interpreter in order to properly interpret any of the following:

1. Warnings of the person's constitutional privilege against self-incrimination as it relates to custodial interrogation.

2. Interrogation of the deaf person.

3. The deaf person's statements.

D. If a juvenile whose parent or parents are deaf is brought before a court for any reason, the court shall appoint a qualified interpreter to interpret the proceedings and testimony for the deaf parent or parents and to interpret any statements or testimony the deaf parent or parents may be called upon to give to the court.

E. If a communication made by a deaf person through an interpreter is privileged, the privilege extends also to the interpreter.

F. If the interpreter or the deaf person determines that effective communication is not occurring the court or appointing authority shall permit the interpreter or the deaf person to nominate a qualified intermediary interpreter to provide interpreting services between the deaf person and the appointed interpreter during proceedings.

G. A deaf person entitled to the services of an interpreter under this section may knowingly and intelligently waive these services.  A deaf person who has waived an interpreter under this subsection may provide an interpreter at the deaf person's own expense.

H. As used in this section:

1. "Deaf person" means a person whose hearing impairment is so significant that the individual is impaired in processing linguistic information through hearing.

2. "Qualified interpreter" means a person who has a valid license of competency authorized by the commission for the deaf and the hard of hearing.
A.R.S. § 12-881 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 881
12-881 Conditions under which property escheats
Status: in_force

12-881. Conditions under which property escheats

If the owner of property, without devise thereof and having no heirs, is absent from his domicile for five years successively and is not known to exist, the estate shall escheat to and vest in the state.
A.R.S. § 12-3101 — Arizona Code / Title 12 / Chapter 22 / Article 1 / Section 3101
12-3101 Definition of foreign law
Status: in_force

12-3101. Definition of foreign law

In this chapter, unless the context otherwise requires, "foreign law" means any law, rule or legal code or system other than the constitution, laws and ratified treaties of the United States and the territories of the United States, or the constitution and laws of this state.
A.R.S. § 12-120.01 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.01
12-120.01 Qualifications of judges; terms; ballots; vacancies
Status: in_force

12-120.01. Qualifications of judges; terms; ballots; vacancies

A. A judge of the court of appeals shall be:

1. Not less than thirty years of age.

2. Of good moral character.

3. A qualified elector of the county of his residence, and a resident of such county for not less than three years next preceding taking office.

4. A resident of the division in which he is elected.

5. Admitted to the practice of law in the state of Arizona for not less than five years next preceding taking office.

6. A resident of Arizona for not less than five years next preceding taking office.

B. Except for the initial term, each judge shall hold office for a term of six years to commence on the first Monday in January following his retention election and until his successor is appointed and qualified. Each judge shall be appointed by the governor and serve an initial term pursuant to article VI, section 37, Constitution of Arizona.
A.R.S. § 12-994 — Arizona Code / Title 12 / Chapter 7 / Article 12 / Section 994
12-994 Violation; classification
Status: in_force

12-994. Violation; classification

A. A person who intentionally or knowingly violates or disobeys a temporary restraining order, a preliminary injunction, a permanent injunction or any other order issued by the court pursuant to section 12-992 is guilty of a class 5 felony.

B. A person who intentionally or knowingly violates or disobeys a temporary restraining order, a preliminary injunction, a permanent injunction or any other order issued pursuant to section 12-998 or 12-999 is guilty of a class 6 felony.

C. This section does not prevent the court from issuing any other order to enforce a temporary restraining order, a preliminary injunction, a permanent injunction or any other order issued pursuant to this article.
A.R.S. § 12-283 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 283
12-283 Powers and duties
Status: in_force

12-283. Powers and duties

A. The clerk, in addition to the other duties prescribed by law or rule of court, shall:

1. Attend each session of the court held in the county.

2. Keep a list of fees charged in actions.

3. Keep records required by law or rule of court.

4. On or before January 15 of each year, compile a report on the number of civil actions that are filed in the superior court pursuant to section 12-514 and the age of the plaintiff in each case. The clerk shall submit the report to the governor and the legislature and provide a copy of this report to the secretary of state.

B. The clerk may provide a consumer reporting agency as defined in section 44-1691 with a copy of:

1. A court order obligating a person to pay child support or spousal maintenance.

2. An order for assignment under section 25-323 or 25-504.

C. A clerk who provides the information in subsection B of this section to a consumer reporting agency shall also provide the information to the child support enforcement administration in the department of economic security.

D. The clerk, in accordance with procedures established by the board of supervisors, may appoint deputies, clerks and assistants necessary to conduct the affairs of the office of the clerk. The appointments shall be in writing. The clerk shall be the appointing authority and shall administer and supervise all employees of the clerk's office.

E. The clerk shall submit an annual budget request, which shall be coordinated with the presiding judge, to the county board of supervisors. The clerk shall be responsible for the funds appropriated by the board to the clerk.

F. The clerk shall maintain and provide access to court records in accordance with applicable law or rule of court. The clerk shall keep a docket in the form and style as prescribed by the supreme court.

G. The clerk is responsible for the operations of the clerk's office.

H. The clerk may provide programs to assist in the enforcement of child support, spousal maintenance and parenting time and in the establishment and modification of child support.

I. The clerk shall compile and publish electronically all superior court criminal case minute entries, except as otherwise prohibited by law.  At a minimum, the information shall be arranged or searchable by the case name, the case number and the name of the judge or commissioner.
A.R.S. § 12-806 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 806
12-806 Order of abatement; custody of building; fees for closing of premises and sale of movable property
Status: in_force

12-806. Order of abatement; custody of building; fees for closing of premises and sale of movable property

A. If the existence of the nuisance is established in an action as provided in this article, an order of abatement shall be entered as a part of the judgment in the action.

B. The order shall direct:

1. Removal from the building or place of all fixtures, musical instruments and movable property used in conducting, maintaining, aiding or abetting the nuisance.

2. Sale of such fixtures, musical instruments and movable property in the manner provided for sale of chattels under execution.

3. The effectual closing of the building or place to use for any purpose.

4. Keeping such building or place so closed for a period of one year unless released as provided in section 12-808.

C. While the order remains in effect as to closing and the provisions of section 12-808 are not availed of or complied with, the building or place shall be in custody of the court.

D. For removing and selling the movable property, the officer shall be entitled to charge and receive the same fees as for levying upon and selling like property on execution.

E. For closing the premises and keeping them closed, a reasonable sum shall be allowed by the court.
A.R.S. § 12-347 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 347
12-347 Inclusion of costs and interest in judgment
Status: in_force

12-347. Inclusion of costs and interest in judgment

The clerk of the court shall include in the judgment entered by him the costs and interest on the verdict from the time it was rendered.
A.R.S. § 12-2236 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2236
12-2236 Waiver of privilege as to attorney or doctor
Status: in_force

12-2236. Waiver of privilege as to attorney or doctor

A person who offers himself as a witness and voluntarily testifies with reference to the communications referred to in sections 12-2234 and 12-2235 thereby consents to the examination of such attorney, physician or surgeon.
A.R.S. § 12-304 — Arizona Code / Title 12 / Chapter 3 / Article 1 / Section 304
12-304 Exemption of state, county, city, town or political subdivision of a county from court fees
Status: in_force

12-304. Exemption of state, county, city, town or political subdivision of a county from court fees

No court fees shall be charged:

1. The state, a county, a city, a town or a political subdivision of a county.

2. A commission, board or department of the state, a county, a city, a town or a political subdivision of a county.

3. An official of the state, county, city, town or political subdivision of a county, who is a party to an action in his official capacity.
A.R.S. § 12-2024 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2024
12-2024 Answer and reply
Status: in_force

12-2024. Answer and reply

On the return day of the alternative writ of mandamus, or at the time stated in the notice of application for the writ, defendant may show cause by verified answer why the writ should not be granted. The answer shall not be conclusive, but plaintiff may object to its sufficiency and may reply thereto within such time as fixed by the court.
A.R.S. § 12-120 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120
12-120 Creation of court of appeals; court of record; composition; sessions
Status: in_force

12-120. Creation of court of appeals; court of record; composition; sessions

A. A court of appeals is established and constitutes a single court and such court shall be a court of record.

B. The court of appeals shall be divided into two divisions which shall be designated as division 1 and division 2. Division 1 shall have nineteen judges, consisting of the chief judge and six departments of three judges each, denominated, respectively, department A, department B, department C, department D, department E and department F. Division 2 shall have nine judges, consisting of three departments of three judges each, denominated, respectively, department A, department B and department C.

C. Division 1 shall consist of the counties of Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo and Apache.

D. Division 2 shall consist of the counties of Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham and Gila.

E. The sessions of divisions 1 and 2 shall be held in Phoenix and Tucson, respectively. Sessions may be held at places other than Phoenix or Tucson when in the opinion of a majority of the judges of a division or department the public interest so requires. The judges of the respective divisions and departments may hold sessions in either division and shall do so when directed by the chief justice of the supreme court. Each judge of the court of appeals may participate in matters pending before a different division or department. A matter may be transferred between divisions in order to equalize caseloads and for the best use of judicial resources.

F.  Not more than three judges of the court of appeals, including superior court judges and retired judges sitting with the court, shall hear and determine a matter and render a decision, and a majority of two of the three judges shall be sufficient to render a decision.
A.R.S. § 12-120.06 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.06
12-120.06 Days for transaction of business
Status: in_force

12-120.06. Days for transaction of business

The court of appeals shall at all times be open for transaction of business except on nonjudicial days.