A.R.S. § 12-173 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 173
12-173 Notice; dismissal; removal
Status: in_force

12-173. Notice; dismissal; removal

A. After the taxpayer makes an election to use small claims procedures, the applicable state or local taxing authority shall be notified and provided a copy of the complaint by mail by the clerk of the tax court and becomes a party to the small claims case after receiving the notice.

B. A taxpayer may dismiss a small claims case before the entry of judgment by notifying the clerk of the tax court in writing. A dismissal by the taxpayer is with prejudice.

C. The judge or commissioner may reclassify a small claims procedure as a regular tax court case if the requirements of section 12-172 are not met.
A.R.S. § 12-137 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 137
12-137 Civil case assignment
Status: in_force

12-137. Civil case assignment

A. The assignment of a civil case to a superior court judge in a county with a population of more than one million persons must be done by either automated means or a formula that is approved by the supreme court and must be done in a blind manner. In an emergency matter or when a judge who is assigned to a case becomes unavailable, the superior court must assign a judge in a blind manner, except that the superior court may account for judicial availability. The superior court may deviate from a blind assignment protocol to ensure that cases are assigned to appropriate specialty courts for tax, complex, commercial and water rights cases.

B. A judge may not select a case for assignment to the judge. A judge may not refuse to accept an assigned case unless good cause exists or a court rule or ethical consideration requires or allows for refusal.
A.R.S. § 12-1178 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1178
12-1178 Judgment; writ of restitution; limitation on issuance; criminal violation; notice
Status: in_force

12-1178. Judgment; writ of restitution; limitation on issuance; criminal violation; notice

A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, all rent found to be due and unpaid through the periodic rental period, as described in section 33-1314, subsection C, as provided for in the rental agreement, and shall grant a writ of restitution. The person designated by the judge to prepare the judgment shall ensure that the defendant's social security number is not contained on the judgment.

B. If the defendant is found not guilty of forcible entry and detainer or forcible detainer, judgment shall be given for the defendant against the plaintiff for damages, attorney fees and court and other costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant.

C. No writ of restitution shall issue until the expiration of five calendar days after the rendition of judgment. The writ of restitution shall be enforced as promptly and expeditiously as possible. The issuance or enforcement of a writ of restitution shall not be suspended, delayed or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause.

D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit, as defined in section 33-1310, or remains on or returns to the mobile home space, as defined in section 33-1409, or the recreational vehicle space, as defined in section 33-2102, without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.

E. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give the defendant notice that a defendant who is lawfully served with a writ of restitution and who remains in or returns to the dwelling unit or remains on or returns to the mobile home space or the recreational vehicle space without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
A.R.S. § 12-1156 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1156
12-1156 Right to dismiss
Status: in_force

12-1156. Right to dismiss

At any time prior to vesting title to the property in the plaintiff, the plaintiff may withdraw or dismiss the plaintiff's complaint with respect to any or all the property described in the complaint, except that if the plaintiff causes the complaint to be dismissed without prejudice before payment of the compensation and damages awarded the defendant by the court or jury, the plaintiff shall not initiate any eminent domain proceeding with respect to the same property for the same or a related project for at least two years after the date of the verdict or judgment.
A.R.S. § 12-914 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 914
12-914 Rules of procedure
Status: in_force

12-914. Rules of procedure

A. Where applicable, the rules of procedure for judicial review of administrative decisions in superior courts, including rules relating to appeals to the supreme court, shall apply to all proceedings except as otherwise provided in this article, except in cases in which the superior court has conducted a trial de novo pursuant to section 12-910.

B. The rules of civil procedure apply to all proceedings in which the superior court orders a trial de novo pursuant to section 12-910.
A.R.S. § 12-782 — Arizona Code / Title 12 / Chapter 6 / Article 19 / Section 782
12-782 Asbestos exposure related claims; disclosures; discovery; mandatory claims; stay of proceedings; assignment of rights and claims; remedies; definitions
Status: in_force

12-782. Asbestos exposure related claims; disclosures; discovery; mandatory claims; stay of proceedings; assignment of rights and claims; remedies; definitions

A. In any action involving a personal injury claim, within forty-five days after July 3, 2015 for pending personal injury claims in which the defendant's answer has been filed or within forty-five days after the filing of the defendant's answer in a lawsuit involving a personal injury claim, whichever is later, the plaintiff shall provide to all parties a sworn statement identifying each personal injury claim that the plaintiff has filed or reasonably anticipates filing against an asbestos trust. The statement for each claim shall include the name, address and contact information for the asbestos trust, the amount claimed by the plaintiff, the date that the plaintiff filed the claim, the disposition of the claim and whether there has been a request to defer, delay, suspend or toll the claim against the asbestos trust.

B. In any action involving a personal injury claim, within sixty days after July 3, 2015 for pending personal injury claims in which the defendant's answer has been filed or within sixty days after the filing of the defendant's answer in a lawsuit involving a personal injury claim, whichever is later, the plaintiff shall provide to all parties all of the following:

1. For each personal injury claim that the plaintiff has filed against an asbestos trust, a copy of the final executed proof of claim, all trust documents, including trust claims materials, trust governance documents, any documents reflecting the current status of the claim and, if the claim is settled, all documents relating to the settlement of the claim.

2. A list of each personal injury claim that the plaintiff reasonably anticipates filing against an asbestos trust, including the name, address, and contact information for the asbestos trust and the amount that the plaintiff anticipates claiming against the asbestos trust.

C. The plaintiff shall supplement the information and materials that are provided under subsections A and B of this section within thirty days after the plaintiff files an additional claim or receives additional information or documents related to any claim that the plaintiff makes against an asbestos trust.

D. If the plaintiff identifies any asbestos trusts pursuant to  subsection B, paragraph 2 of this section, the court shall stay all proceedings until the plaintiff files a claim against the asbestos trust and provides to the court and to all parties in the personal injury action a copy of the final executed proof of claim and all other trust claims materials relevant to each claim the plaintiff has against each asbestos trust identified pursuant to subsection B, paragraph 2 of this section. The plaintiff shall disclose whether there has been a request to defer, delay, suspend or toll the claim against any asbestos trust.

E. To the extent permitted by court rule, in a personal injury claim action, trust claims materials and trust governance documents are admissible in evidence. Claims of privilege do not apply to trust claims materials or trust governance documents.

F. A defendant in a personal injury claim may seek discovery against an asbestos trust identified under subsections A, B, C, H, I, J, K and L of this section. The plaintiff may not claim privilege or confidentiality to bar discovery and the plaintiff shall provide consents or other expression of permission that may be required by the asbestos trust to release information and materials sought by the defendant.

G. A court may not schedule a trial in a personal injury claim action until at least one hundred eighty days after the plaintiff makes the disclosures required by subsections A, B and C of this section.

H. If any defendant identifies an asbestos trust not named by the plaintiff against which the defendant reasonably believes the plaintiff should file a claim, on motion by the defendant, the court shall determine whether to order the plaintiff to file a claim against the asbestos trust.  For each asbestos trust a defendant identifies, the defendant shall produce or describe the evidence required to file a valid claim with the asbestos trust and the amount of money the asbestos trust should pay for the plaintiff's claim.

I. The court shall establish a deadline for filing a motion under subsection H of this section. Any deadline that is established pursuant to this subsection must afford the parties an adequate opportunity to investigate the defendant's claims.

J. If the court orders the plaintiff to file a claim with the asbestos trust, the court shall stay the immediate action until the plaintiff swears or affirms that the plaintiff has filed the claim against the asbestos trust and the plaintiff provides to the court and to all parties a final executed proof of claim and all other trust claims materials relevant to each claim the plaintiff has against an asbestos trust.

K. The court may allow additional time for discovery or may stay the proceedings for other good cause shown.

L. Not less than thirty days before trial, the court shall direct the parties to enter into the record a trust claims document that identifies each personal injury claim the plaintiff has made against an asbestos trust.

M. A plaintiff's submission of a claim to an asbestos trust and related trust claims materials may be considered by a jury or other trier of fact to determine liability and apportion fault in a personal injury claim and shall be sufficient to support a jury finding that the plaintiff has been exposed to products for which the asbestos trust was established to provide compensation and that the exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the personal injury claim. If a plaintiff in a personal injury claim proceeds to trial before one or more of the claims against an asbestos trust is resolved and subsequently receives compensation from an asbestos trust, the amount of the compensation shall be credited against any judgment entered against any defendant found to be at fault in the action to the extent that the compensation amount exceeds the fault apportioned to the asbestos trust by the jury or other fact finder.  If multiple defendants are found liable for damages, the court shall distribute the amount of the setoff or credit proportionally according to the liability of each defendant.

N. A plaintiff who fails to timely provide all of the information required under subsections A, B, C, H, I, J, K and L of this section is subject to sections 12-349 and 12-3201 and any other sanction that the court orders.

O. Nothing in this section requires disclosure of information or documents that either:

1. Is the subject of a binding contractual confidentiality clause in effect prior to July 3, 2015.

2. Is restricted from disclosure by federal law or court order.

P. For the purposes of this section:

1. "Asbestos trust" means a trust, qualified settlement fund, compensation fund or claims facility that is created as a result of an administrative or legal action, bankruptcy, agreement or other settlement or pursuant to 11 United States Code section 524(g) and that is intended to provide compensation to claimants alleging personal injury claims as a result of harm, also potentially compensable in the immediate action, for which the entity creating the trust, qualified settlement fund, compensation fund or claims facility is alleged to be responsible.

2. "Personal injury claim" means any claim for damages, loss, indemnification, contribution, restitution or other relief, including punitive damages, that is related to bodily injury or another harm, including loss of consortium, society or companionship, loss of support, personal injury or death, mental or emotional injury, risk or fear of disease or other injury or costs of medical monitoring or surveillance and that is allegedly caused by or related to the claimant's exposure to asbestos, and includes a claim made by or on behalf of the person who claims the injury or harm or by or on behalf of the person's representative, spouse, parent, minor child or other relative. Personal injury claim does not include a claim for compensatory benefits pursuant to workers' compensation or veterans benefits.

3. "Trust claims materials" means all documents and information relevant or related to a pending or potential claim against an asbestos trust and includes claims forms and supplementary materials, proofs of claim, affidavits, depositions and trial testimony, work history and medical and health records.

4. "Trust governance document" means any document that determines eligibility and payment levels, including claims payment matrices, trust distribution procedures or plans for reorganization, for an asbestos trust.
A.R.S. § 12-284 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 284
12-284 Fees
Status: in_force

12-284. Fees

A. Except as otherwise provided by law, the clerk of the superior court shall receive fees classified as follows:

Class       Description                                           Fee

A     Initial case filing fee

Tax case    $    188.00

Filing complaint, notice of appeal

under section 12-904 or petition 188.00

Filing intervenor    188.00

Additional plaintiffs      188.00

Filing foreign judgment    188.00

Ownership of real property becomes an

issue plaintiff      188.00

Appellant

(except under sections 12-1809 and 13-3602)     188.00

Change of venue to this county         188.00

Petition for change of name      188.00

Filing a process server application    188.00

B     Subsequent case filing fee

Filing answer, notice of appearance

under section 12-907 or initial appearance   $    100.00

Additional defendants        100.00

Notice of appeal to appellate courts

(except under section 12-2107)        100.00

Cross-appeal by appellee (except under section

12-2107)      100.00

Ownership of real property becomes an

issue defendant           100.00

Jurisdiction exceeded appellee

(within 20 days of filing)      100.00

Response to show cause that does one or more

of the following:

1. Requests affirmative relief or

counterrelief

2. Attacks the sufficiency of process

or the proceedings

3. Takes other affirmative action          100.00

C     Initial case filing fee

Filing petition for annulment $   149.00

Filing for dissolution/legal separation petition          149.00

Petition in formal testacy or appointment

proceeding         149.00

Application for informal probate or informal

appointment        149.00

Petition for supervised administration petition

to appoint guardian      149.00

Petition to appoint conservator or make other

protective order         149.00

Opposing petition in testacy or appointment

proceedings or appointment of guardian or

conservator        149.00

Single estate application or petition under

title 14, chapter 3, section 14-3938       149.00

Domestic relations case for which a fee is not

specifically prescribed        149.00

D     Subsequent case filing fee

Filing answer to annulment    $   74.00

Filing for dissolution/legal separation answer      74.00

Any person opposing contested petition if no

prior payment made       74.00

Postadjudication petitions in

domestic relations cases       74.00

Postjudgment activities in probate cases      74.00

E     Minimum clerk fee

Filing power of attorney      $   30.00

Change of venue to another county transmittal

fee          30.00

Change of venue to another county pursuant to

section 12-404 transmittal fee       30.00

Filing transcript and docketing judgment from

any courts         30.00

Issuance of writs of: attachment, execution,

possession, restitution, prohibition and

enforcement of order of judgment-garnishment     30.00

Certified copy or abstract of marriage

application or license         30.00

Certificate of correctness of copy of record        30.00

Justice of peace certificate      30.00

Each certificate of clerk to any matter in

clerk's record not specifically provided         30.00

Filing any paper or performing any act for which

a fee is not specifically prescribed       30.00

Subpoena - (civil)          30.00

Research in locating a document (per year or

source researched)       30.00

Exemplification (per certification)     30.00

Authentication (per certification)      30.00

Seal a court file     30.00

Reopen a sealed court file        30.00

Retrieve bank records       30.00

Reel of film alpha index per year (plus per

page fee below)          30.00

Payment history report      30.00

Certification under one document certification      30.00

Civil traffic appeal        30.00

F     Per page fee

Making copies (on appeal and on request)

per page $    .50

Making extra copies per page      .50

Making photographic or photostatic copies

per page     .50

Comparison fee of papers furnished by applicant

per page     .50

Alpha index per page        .50

G     Special fees

Small claim tax case    $   24.00

Marriage license and return of a

marriage license     83.00

Postage and handling       7.00

Notary services        7.00

Stop payment on check       16.00

B. The clerk of the superior court shall receive the fees prescribed in subsection A of this section for the following services:

1. Making copies of papers and records required to be made by the clerk on appeal, and copies of papers and records in the clerk's office made on request in other cases, for each legal size page of original.

2. Making extra copies of the papers and records mentioned in paragraph 1 of this subsection, required or requested for each page of copy of such papers and records.

3. In a clerk's office, in which a photographic or photostatic method of recording is used or is available for use in cooperation with other public offices, preparing copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or fraction of a page of copy.  Portions of several pages of records may be combined in one page of copy.  The clerk may prepare an abstract of marriage in lieu of a reproduction of the recorded marriage license.  The fee shall apply to matters whether recorded in such office by longhand, typing, electronic, photographic or photostatic methods.  The fees for copies are exclusive of the fees for certification or authentication.

4. Issuing a certificate as to official capacity of a justice of the peace and affixing a seal to the certificate.

5. Each subpoena issued in a civil proceeding or filing any paper or performing any act for which a fee is not specifically prescribed by law, but the clerk shall not charge for the clerk's services in administering the oath in connection with any affidavit, petition, letters or other pleading or document that, after administration of the oath, is promptly filed by the clerk and becomes a part of a case or matter of record in the office of the clerk.

C. In addition to the fees required by subsection A of this section, the clerk shall charge and collect a surcharge of fifteen dollars for each filing of a postadjudication petition in a domestic relations case for which a fee presently is charged under class D in subsection A of this section. The surcharge shall be used exclusively to fund domestic relations education and mediation programs established pursuant to section 25-413. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the domestic relations education and mediation fund established by section 25-413.

D. Excluding the monies that are collected pursuant to subsection C of this section, each month the clerk shall transmit seventy-five  percent of the monies collected for subsequent case filing fees for postadjudication petitions in domestic relations cases under class D in subsection A of this section to the county treasurer for deposit in the expedited child support and parenting time fund established pursuant to section 25-412. The remaining twenty-five percent of the monies collected pursuant to this subsection shall be distributed pursuant to section 12-284.03.

E. At the commencement of each action for annulment, dissolution of marriage, legal separation, maternity or paternity, the petitioner shall pay to the clerk of the court the initial case filing fee for the action provided in subsection A of this section.  At the time of filing a response, the respondent shall pay to the clerk of the court the subsequent case filing fee for the action provided in subsection A of this section.  In each county where the superior court has established a conciliation court, the petitioner and respondent shall each pay to the clerk a sixty-five dollar fee.  The monies from the additional fee shall be used to carry out the purposes of the conciliation court pursuant to title 25, chapter 3, article 7.

F. In garnishment matters:

1. A fee shall not be charged for filing an affidavit seeking only the release of exempt wages.

2. A fee shall not be charged for filing a garnishee's answer, for filing a judgment against the garnishee or for the issuance or return of process incident to such a judgment.

3. For any contest relating to or any controversion of a garnishment matter, unless the contesting party has paid an appearance fee in that cause, the required appearance fee shall be paid, except that the garnishee shall not pay a clerk's fee.

G. A person who is cited to appear and defend an order to show cause shall not be charged an appearance fee. The person may stipulate to or consent to the entry of an order without the payment of an appearance fee. An appearance fee shall be paid if the person is present in person or by an attorney and does one or more of the following:

1. Requests affirmative relief or counterrelief.

2. Attacks the sufficiency of process or the proceedings.

3. Takes other affirmative action.

H. A petitioner shall not be charged a fee for requesting an order of protection pursuant to section 13-3602 or an injunction against harassment pursuant to section 12-1809.  A defendant shall not be charged an answer fee in an order of protection action if the defendant requests a hearing pursuant to section 13-3602, subsection L or in an injunction against harassment action if the defendant requests a hearing pursuant to section 12-1809, subsection H.

I. A person who files a registrar's order pursuant to section 32-1166.06 shall not be charged a fee.

J. The clerk of the court shall charge and collect a forty-six dollar filing fee for a petition for emancipation of a minor filed pursuant to chapter 15 of this title.  Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the emancipation administrative costs fund established by section 12-2456.

K. Except for monies that are collected pursuant to subsections C, D, E and J of this section, the clerk of the superior court shall transmit monthly to the county treasurer all monies collected pursuant to this section for distribution or deposit pursuant to section 12-284.03.

L. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.
A.R.S. § 12-2028 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2028
12-2028 Writ of mandamus; service
Status: in_force

12-2028. Writ of mandamus; service

A. If judgment is awarded applicant a peremptory writ of mandamus shall be awarded without delay.

B. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court.
A.R.S. § 12-1866 — Arizona Code / Title 12 / Chapter 10 / Article 3 / Section 1866
12-1866 Proceedings in the supreme court
Status: in_force

12-1866. Proceedings in the supreme court

Proceedings in the supreme court shall be those provided in rules adopted by it and statutes governing briefs and arguments.
A.R.S. § 12-820 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820
12-820 Definitions
Status: in_force

12-820. Definitions

In this article, unless the context otherwise requires:

1. "Employee" includes an officer, director, employee or servant, whether or not compensated or part time, who is authorized to perform any act or service, except that employee does not include an independent contractor. Employee includes noncompensated members of advisory boards appointed as provided by law and leased employees.

2. "Injury" means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person.

3. "Leased employee" means a person providing services to a public entity under a lease agreement and is not an independent contractor or temporary employee.

4. "Maintenance" means the establishment or continuation in existence of facilities, highways, roads, streets, bridges or rights-of-way by a public entity and does not mean or refer to ordinary repair or upkeep.

5. "Prisoner" means a person incarcerated while awaiting sentence or while serving a sentence imposed by a court of law.

6. "Public employee" means an employee of a public entity.

7. "Public entity" includes this state and any political subdivision of this state.

8. "State" means this state and any state agency, board, commission or department.
A.R.S. § 12-1137 — Arizona Code / Title 12 / Chapter 8 / Article 2.1 / Section 1137
12-1137 Applicability
Status: in_force

12-1137. Applicability

(Caution: 1998 Prop. 105 applies)

If a conflict between this article and any other law arises, this article controls.
A.R.S. § 12-1510 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1510
12-1510 Fees and expenses of arbitration
Status: in_force

12-1510. Fees and expenses of arbitration

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
A.R.S. § 12-288 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 288
12-288 Removal of debts from accounting system
Status: in_force

12-288. Removal of debts from accounting system

The clerk of the superior court may remove from the clerk's accounting system all or part of any debt due to the clerk as prescribed by section 12-284, subsection A if the clerk does all of the following:

1. Bills the debtor at least four times.

2. Submits the debt for collection to a collection agency licensed pursuant to title 32, chapter 9 and waits at least one year while the agency attempts collection.

3. Reports the debt to a credit bureau.

4. Notifies the department of revenue of the debt pursuant to section 42-1122.

5. Sends to the administrator of the funds or account prescribed in section 12-284.03 a written report of all of the debts proposed to be removed from the clerk's accounting system.  The clerk shall send the report by certified mail.  The report shall include all of the following:

(a) The amount of the debt and the date it was incurred.

(b) The name of the debtor.

(c) The reason for proposing the removal.

6. Waits thirty days from the date the clerk sends the report pursuant to paragraph 5 of this section and does not receive an objection from the administrator of the funds or account prescribed in section 12-284.03.
A.R.S. § 12-281 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 281
12-281 Oath; bond; salary; annual increase; prohibition
Status: in_force

12-281. Oath; bond; salary; annual increase; prohibition

A. The clerk of the superior court shall take the oath of office and give a bond in the sum of $5,000 conditioned on the faithful performance of the duties of that office and the payment of all monies to the person entitled to receive them. The bond is subject to approval by the presiding superior court judge.

B. Beginning January 1, 2023, in counties with a population of five hundred thousand or more persons, the annual salary of the clerk of the superior court is $96,600 until modified.

C. Beginning January 1, 2023, in counties with a population of less than five hundred thousand persons, the annual salary of the clerk of the superior court is $83,800 until modified.

D. The annual salary of the clerk of the superior court that is established by subsections B and C of this section shall be reviewed by the commission on salaries for elective state officers pursuant to section 41-1903.

E. The clerk of the superior court and the clerk's deputies are prohibited from practicing law or forming a partnership with an attorney-at-law. This subsection does not prohibit the clerk or the clerk's employees from providing to the public, including litigants, information regarding documents routinely filed with the clerk.
A.R.S. § 12-720 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 720
12-720 Nondisclosure agreements; applicability; use of public monies; definitions
Status: in_force

12-720. Nondisclosure agreements; applicability; use of public monies; definitions

A. The terms of a nondisclosure agreement may not be used to prohibit a party to the agreement from doing any of the following in relation to a violation or an alleged violation of title 13, chapter 14 or 35:

1. Responding to a peace officer's or a prosecutor's inquiry.

2. Making a statement not initiated by that party in a criminal proceeding.

B. An act that is allowed by subsection A of this section may not be used to avoid or invalidate a party's right to consideration under the contract or to require the return of consideration that has already been provided to the party.

C. This section may not be used as authority to enforce a nondisclosure agreement.

D. Public monies may not be used as consideration in exchange for a nondisclosure agreement that is related to an allegation of or attempted sexual assault or sexual harassment.

E. For the purposes of this section:

1. "Criminal proceeding" includes a grand jury, pretrial interview, deposition, hearing, trial and sentencing proceeding pursuant to criminal law.

2. "Nondisclosure agreement" means a confidentiality agreement or contract provision that prohibits the disclosure of information by a party to the contract.
A.R.S. § 12-169 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 169
12-169 Rules of procedure; reporting
Status: in_force

12-169. Rules of procedure; reporting

A. The superior court in Maricopa county may adopt rules of procedure and practice for the tax court if supplemental rules to the existing rules of civil procedure for the superior court and the uniform rules of practice of the superior court are needed to simplify procedures and pleadings in the tax court. All rules of the tax court shall be approved by the supreme court.

B. All proceedings before the tax court, except small claims proceedings, shall be officially reported unless this requirement is waived by the parties with the consent of the tax judge.
A.R.S. § 12-1598.16 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.16
12-1598.16 Forms
Status: in_force

12-1598.16. Forms

A. The court, justice of the peace or city or town magistrate shall provide to the parties, at no charge, copies of the following documents:

1. The initial notice to judgment debtor and request for hearing form required to be delivered pursuant to section 12-1598.04.

2. The notice to judgment debtor and request for hearing form required to be delivered pursuant to section 12-1598.08.

3. The answer form required to be delivered pursuant to sections 12-1598.04 and 12-1598.08.

4. The instructions to garnishee required to be delivered pursuant to section 12-1598.04.

5. The nonexempt earnings statement required to be delivered pursuant to section 12-1598.11.

B. The initial notice to judgment debtor and request for hearing form shall be in a form prescribed by the supreme court and shall contain at a minimum the following:

1. An explanation of the judgment debtor's rights and responsibilities relating to the garnishment procedure, including information concerning:

(a) Exemption rights.

(b) Grounds for objecting to the writ.

(c) The objection and hearing procedures.

2. A form on which the judgment debtor may request a hearing.

C. The initial notice to judgment debtor and request for hearing form prescribed by the supreme court shall be in substantially the following form:

Initial notice to judgment debtor

To collect his judgment against you the judgment creditor has asked this court to issue a writ of garnishment (see copy of writ attached). Information about the judgment and the name and address of the judgment creditor and garnishee are stated in the writ and the copy of the judgment, which is attached.

The writ of garnishment is a court order requiring the garnishee to withhold a certain amount from your earnings and to continue to withhold a portion of your earnings until the judgment is satisfied or the writ is quashed by the court or released by the judgment creditor.

The law provides that a certain amount of each paycheck or other earnings is exempt from collection by a writ of garnishment. In some cases of very low income no amount can be garnished except for an order for support of a person. Different exemption rights may apply to the collection of taxes.

Within ten days after the date the garnishee was served with the writ of garnishment, he is required to deliver to you the following documents:

1. Answer of garnishee.

2. Notice to judgment debtor, which explains your rights and the procedures in the garnishment process.

3. Request for hearing form, which you can use to request a hearing if you believe that the amount withheld from your earnings is greater than the law allows or that the garnishment is invalid.

On each normal payday you should receive some earnings (paycheck) for the amount the garnishee calculates is protected by law. That calculation is made on a nonexempt earnings statement, a copy of which should accompany your paycheck. If the judgment creditor's debt is subject to an effective agreement for debt scheduling between you and a qualified debt counseling organization and if you do not receive a paycheck, or if a copy of the nonexempt earnings statement does not accompany your paycheck, you may request a hearing.

To request a hearing for the reasons described above, fill out the attached request for hearing form and deliver it to this court's clerk's office. At the same time you must deliver a copy (photocopy or handwritten) of the request for hearing to the garnishee and to the judgment creditor, or his attorney, at the address stated on the writ of garnishment.

You will also be given an opportunity to request a hearing after you receive the answer of garnishee. A request for hearing can be made no later than ten days after you receive the answer of garnishee, unless good cause is shown why the request was filed later.

If you request a hearing, the court or justice of the peace will set the hearing within ten days of the date you submitted your request for hearing, and the court will notify you, the judgment creditor and the garnishee of the date, time and place of the hearing.

Request for hearing

I request a hearing because:

_____ On my normal payday I received no earnings (paycheck).

_____ A copy of the nonexempt earnings statement did not accompany my paycheck.

_____ The judgment creditor does not have a valid judgment against me or that judgment has been paid in full.

_____ My employer has not delivered to me the notice to judgment debtor answer of garnishee (employer) and request for hearing forms within fifteen days.

_____ The debt of the judgment creditor is subject to an effective agreement for debt scheduling between me and a qualified debt counseling organization.

Dated: ___________________________________

___________________________________________

Name (print)

___________________________________________

Signature

___________________________________________

Address

___________________________________________

City, state, zip code

___________________________________________

Telephone number

D. At the top of the first page of the initial notice to judgment debtor described in subsections C and E of this section a Spanish translation shall be printed of the language below:

The court has issued an order for your employer to take part of your salary and pay your creditor until the judgment against you is paid off. According to the law, your creditor has a right to only part of your salary. Below there is an explanation of your rights. A written Spanish translation of the notice below can be obtained at the court.

E. The notice to judgment debtor and request for hearing form shall be in a form prescribed by the supreme court and shall contain at a minimum the following:

1. An explanation of the judgment debtor's rights and responsibilities relating to the garnishment procedure, including information concerning:

(a) Exemption rights.

(b) Grounds for objecting to the writ.

(c) The objection and hearing procedures.

2. A form on which the judgment debtor may request a hearing.

F. The notice to judgment debtor and request for hearing form prescribed by the supreme court shall be in substantially the following form:

Notice to judgment debtor

This is your second notice that a writ of garnishment has been issued in this case. The writ is a court order requiring the garnishee to withhold a certain amount from your earnings and to continue to withhold a portion of your earnings until the judgment is satisfied or the writ is quashed.

The law provides that a certain amount of each paycheck or other periodic earnings is exempt from collection by a writ of garnishment. In some cases of very low income no amount can be garnished except for an order for support of a person.

If you believe that too much of your earnings have been withheld from your paycheck or that no amount should be withheld you may request a hearing before this court. Among the reasons for requesting a hearing are:

1. The judgment creditor does not have a valid judgment against you or the judgment has been paid in full.

2. The garnishee's answer is incorrect.

3. Your earnings are already subject to a writ of garnishment or are subject to a court ordered assignment for payment of support.

4. The judgment creditor's debt is subject to an effective agreement for debt scheduling between you and a qualified debt counseling organization.

To request a hearing, deliver the request for hearing form appearing below, or a substantially similar form, to the clerk of this court or the justice of the peace. You must mail or deliver a copy of the request for hearing to the garnishee and to the judgment creditor or his attorney at the address on the writ of garnishment.

If you do not deliver the request for hearing form to this court within ten days after the date you receive this notice and the answer of the garnishee, your request for hearing will be denied, unless good cause for the delay is shown. You must check a box or state your reasons for disputing the claim in the space provided on the form.

If you request a hearing, it will be conducted no later than ten days after your request is received by the court. The court will send you notice of the date, time and place.

The nonexempt portion of your earnings will continue to be withheld by the garnishee and delivered to the judgment creditor until the judgment is paid in full, or the garnishment is ordered to stop. Whether or not you request a hearing at this time, if you believe too much money is withheld from your earnings pursuant to this garnishment at some time in the future, you will have the same opportunity to request a hearing at that time.

Request for hearing

I request a hearing because:

_____ The judgment creditor does not have a valid judgment against me.

_____ The judgment has been paid in full.

_____ The garnishee's answer is incorrect.

_____ My earnings are already subject to a writ of garnishment or court ordered assignment for payment of support.

_____ Other: ___________________________________________________________.

___________________________________________

Name (print)

___________________________________________

Signature

___________________________________________

Address

___________________________________________

City, state, zip code

___________________________________________

Telephone number

Warning: You waive your right to a hearing on the monies withheld in this pay period unless you file this request for hearing within ten days after receiving the garnishee's answer or show good cause for filing the request late.

G. The answer form shall be in a form prescribed by the supreme court and shall require at a minimum that the answer of the garnishee set forth those items required to be set forth pursuant to section 12-1598.08, subsection B.

H. The instructions to garnishee shall be in a form prescribed by the supreme court and shall contain at a minimum:

1. An explanation of the garnishee's responsibilities relating to the garnishment procedure, including instructions for the proper completion of the required forms and statements.

2. A notice to the garnishee concerning the provisions of section 12-1598.13.

I. The nonexempt earnings statement shall be in a form prescribed by the supreme court and shall contain at a minimum:

1. A formula for the calculation of the nonexempt earnings of a judgment debtor, pursuant to applicable state and federal law.

2. A form on which the judgment debtor may request a hearing.

J. The nonexempt earnings statement shall be in a form prescribed by the supreme court, and for an underlying judgment that is not based on an order for support of a person shall be in substantially the following form:

Nonexempt earnings statement

(Judgment not for support)

Pay period __________________ to ____________________

(beginning date)    (ending date)

(answer all pertinent questions)

1. The judgment debtor

yes   no

is an employee or is otherwise

owed earnings. If the answer

is "no", give the judgment

debtor's last date of employment

by your firm or the last date for

which earnings are owed.

1. __________________

(date)

2. For the earnings of the

judgment debtor for this pay period

enter all of the following:

(a) Gross earnings.

2.(a) _______________

(b) Disposable earnings

(gross earnings minus deductions

required by law).

2.(b) _______________

(c) Enter twenty-five per

cent of line 2(b).

2.(c) _______________

3. The current federal

minimum wage is $_____ per hour.

Enter one of the following using

an appropriate pay period: weekly

(thirty times minimum wage),

biweekly (sixty times minimum wage),

semimonthly (sixty-five times

minimum wage), monthly (one hundred

thirty times minimum wage).

3. __________________

4. Subtract line 3 from line

2(b) and enter.

4. __________________

5. Enter line 2(c) or line 4,

whichever is smaller.

5. __________________

6. Enter the amount withheld

from the judgment debtor's earnings

because of a court ordered assignment

for support of a person or a garnishment

or levy for the collection of taxes.

6. __________________

7. Subtract line 6 from line

5 and enter here. This is the amount

of nonexempt earnings you are to

withhold and forward to the judgment

creditor with this statement.

7. __________________

Dated: _____________________________

___________________________________________

Garnishee's name

___________________________________________

Address

___________________________________________

City, state, zip code

Request for hearing

If you believe that the amount of your nonexempt earnings has been incorrectly calculated for this pay period or that no amount should be withheld because the garnishment or underlying judgment is invalid, satisfied or superseded, you may request a hearing within ten days after receiving the attached nonexempt earnings statement by completing the form below and delivering the request for hearing to the court or justice of the peace. You must deliver a copy of your request for hearing to the judgment creditor and the garnishee.

The court will notify you and the other parties of the date and time for the hearing. A hearing will be set within ten days of your request.

I request a hearing for the following reason:

_____ The nonexempt earnings statement is incorrectly filled out.

_____ Other: ___________________________________________________________.

___________________________________________

Name (print)

___________________________________________

Signature

___________________________________________

Address

___________________________________________

City, state, zip code

___________________________________________

Telephone number

K. The nonexempt earnings statement prescribed by the supreme court for an underlying judgment that is based on an order for support of a person shall be in substantially the following form:

Nonexempt earnings statement

(Judgment for support)

Pay period __________________ to ____________________

(beginning date)    (ending date)

(answer all pertinent questions)

1. The judgment debtor

yes   no

is an employee or is otherwise

owed earnings. If the answer

is "no", give the judgment

debtor's last date of employment

by your firm or the last date for

which earnings were owed.

1. __________________

(date)

2. For the earnings of the

judgment debtor for this pay period

enter all of the following:

(a) Gross earnings.

2.(a) _______________

(b) Disposable earnings

(gross earnings minus deductions

required by law).

2.(b) _______________

(c) Enter fifty per cent

of line 2(b).

2.(c) _______________

3. Enter the amount withheld

from the judgment debtor's earnings

because of a court ordered assignment

for the support of a person or a

garnishment or levy for the

collection of taxes.

3. __________________

4. Subtract line 3 from line

2(c) and enter here. This is the

amount of nonexempt earnings you

are to withhold and forward to the

judgment creditor with this

statement.

4. __________________

Dated: _____________________________

___________________________________________

Garnishee's name (print)

___________________________________________

Address

___________________________________________

City, state, zip code

Request for hearing

If you believe that the amount of your nonexempt earnings has been incorrectly calculated for this pay period or that no amount should be withheld because the garnishment or underlying judgment is invalid, satisfied or superseded, you may request a hearing within ten days after receiving the attached nonexempt earnings statement by completing the form below and delivering the request for hearing to the court or justice of the peace. Deliver a copy of your request for hearing to the judgment creditor and the garnishee.

The court will notify you and the other parties of the date and time for the hearing. A hearing will be set within ten days after your request.

I request a hearing for the following reason:

_____ The nonexempt earnings statement is incorrectly filled out.

_____ Other: ___________________________________________________________.

___________________________________________

Name (print)

___________________________________________

Signature

___________________________________________

Address

___________________________________________

City, state, zip code

___________________________________________

Telephone number

L. The nonexempt earnings statement prescribed by the supreme court for an underlying judgment that is based on a judgment for collection of taxes shall be in substantially the following form:

Nonexempt earnings statement

(Judgment for collection of taxes)

Pay period __________________ to ____________________

(beginning date)    (ending date)

(answer all pertinent questions)

1. The judgment debtor

yes   no

is an employee or is otherwise

owed earnings. If the answer

is "no", give the judgment

debtor's last date of employment

by your firm or the last date for

which earnings were owed.

1. __________________

(date)

2. For the earnings of the

judgment debtor for this pay period

enter all of the following:

(a) Gross earnings.

2.(a) _______________

(b) Deductions required

by law.

2.(b) _______________

(c) Net disposable income

subtract line (b) from line (a).

2.(c) _______________

(d) Enter amounts withheld

pursuant to a garnishment or

court ordered assignment for

collection of support of a person.

2.(d) _______________

(e) Enter amounts withheld

pursuant to a garnishment or levy

served before this garnishment that

was not for support of a person.

2.(e) _______________

(f) Add lines (d) and (e).

2.(f) _______________

(g) Subtract line (f) from

line (c). This is the amount you

are to withhold and forward to the

judgment creditor with this

statement.

2.(g) _______________

Dated: _____________________________

___________________________________________

Garnishee's name (print)

___________________________________________

Address

___________________________________________

City, state, zip code

Request for hearing

If you believe that the amount of your nonexempt earnings has been incorrectly calculated for this pay period or that no amount should be withheld because the garnishment or underlying judgment is invalid, satisfied or superseded, you may request a hearing within ten days after receiving the attached nonexempt earnings statement by completing the form below and delivering the request for hearing to the court or justice of the peace. Deliver a copy of your request for hearing to the judgment creditor and the garnishee.

The court will notify you and the other parties of the date and time for the hearing. A hearing will be set within ten days after your request.

I request a hearing for the following reason:

_____ The nonexempt earnings statement is incorrectly filled out.

_____ Other: __________________________________________________________.

___________________________________________

Name (print)

___________________________________________

Signature

___________________________________________

Address

___________________________________________

City, state, zip code

___________________________________________

Telephone number

M. A party to a garnishment proceeding may use documents other than those provided pursuant to subsection A of this section, provided that such documents are substantially similar to those prescribed by the supreme court pursuant to this section.
A.R.S. § 12-804 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 804
12-804 Temporary injunction; affidavit and verified complaint
Status: in_force

12-804. Temporary injunction; affidavit and verified complaint

A. If existence of a nuisance as defined in section 12-802 is shown in the action to the satisfaction of the court or judge either by verified complaint or affidavit, the court or judge shall make a temporary restraining order to abate and prevent continuance or recurrence of the nuisance.

B. The complaint in the action shall be verified unless filed by the county attorney or the city attorney.
A.R.S. § 12-820.01 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820.01
12-820.01 Absolute immunity
Status: in_force

12-820.01. Absolute immunity

A. A public entity shall not be liable for acts and omissions of its employees constituting either of the following:

1. The exercise of a judicial or legislative function.

2. The exercise of an administrative function involving the determination of fundamental governmental policy.

B. The determination of a fundamental governmental policy involves the exercise of discretion and shall include, but is not limited to:

1. A determination of whether to seek or whether to provide the resources necessary for any of the following:

(a) The purchase of equipment.

(b) The construction or maintenance of facilities.

(c) The hiring of personnel.

(d) The provision of governmental services.

2. A determination of whether and how to spend existing resources, including those allocated for equipment, facilities and personnel.

3. The licensing and regulation of any profession or occupation.

4. The establishment, implementation and enforcement of minimum safety standards for light rail transit systems.
A.R.S. § 12-256 — Arizona Code / Title 12 / Chapter 2 / Article 6 / Section 256
12-256 Probation officers; enforcement of pretrial release conditions
Status: in_force

12-256. Probation officers; enforcement of pretrial release conditions

An adult probation officer may serve warrants, make arrests and bring persons who are subject to the supervision of pretrial services and who are alleged to have violated a condition of pretrial release before the court. A probation officer enforcing pretrial release conditions has the authority of a peace officer in the performance of the officer's duties.
A.R.S. § 12-2296 — Arizona Code / Title 12 / Chapter 13 / Article 7.1 / Section 2296
12-2296 Immunity
Status: in_force

12-2296. Immunity

A health care provider, contractor or clinical laboratory that acts in good faith under this article is not liable for damages in any civil action for the disclosure of medical records, payment records or clinical laboratory results or information contained in medical records, payment records or clinical laboratory results that is made pursuant to this article or as otherwise provided by law.  The health care provider, contractor or clinical laboratory is presumed to have acted in good faith.  The presumption may be rebutted by clear and convincing evidence.
A.R.S. § 12-2293 — Arizona Code / Title 12 / Chapter 13 / Article 7.1 / Section 2293
12-2293 Release of medical records and payment records to patients and health care decision makers; definition
Status: in_force

12-2293. Release of medical records and payment records to patients and health care decision makers; definition

A. Except as provided in subsections B and C of this section, on the written request of a patient or the patient's health care decision maker for access to or copies of the patient's medical records and payment records, the health care provider in possession of the record shall provide access to or copies of the records to the patient or the patient's health care decision maker.

B. A health care provider may deny a request for access to or copies of medical records or payment records if a health professional determines that either:

1. Access by the patient is reasonably likely to endanger the life or physical safety of the patient or another person.

2. The records make reference to a person other than a health professional and access by the patient or the patient's health care decision maker is reasonably likely to cause substantial harm to that other person.

3. Access by the patient's health care decision maker is reasonably likely to cause substantial harm to the patient or another person.

4. Access by the patient or the patient's health care decision maker would reveal information obtained under a promise of confidentiality with someone other than a health professional and access would be reasonably likely to reveal the source of the information.

C. A health care provider may deny a request for access to or copies of medical records or payment records if the health care provider determines that either:

1. The information was created or obtained in the course of clinical research and the patient or the patient's health care decision maker agreed to the denial of access when consenting to participate in the research and was informed that the right of access will be reinstated on completion of the research.

2. A health care provider is a correctional institution or is acting under the direction of a correctional institution and access by a patient who is an inmate in the correctional institution would jeopardize the health, safety, security, custody or rehabilitation of the patient or other inmates or the safety of any officer, employee or other person at the correctional institution or of a person who is responsible for transporting the inmate.

D. If the health care provider denies a request for access to or copies of the medical records or payment records, the health care provider must note this determination in the patient's records and provide to the patient or the patient's health care decision maker a written explanation of the reason for the denial of access.  The health care provider must release the medical records or payment records information for which there is not a basis to deny access under subsection B of this section.

E. For the purposes of this section, "health professional" has the same meaning prescribed in section 32-3201.
A.R.S. § 12-1801 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1801
12-1801 Granting of injunctions; grounds
Status: in_force

12-1801. Granting of injunctions; grounds

Judges of the superior court may grant writs of injunction:

1. When it appears that the party applying for the writ is entitled to the relief demanded, and such relief or any part thereof requires the restraint of some act prejudicial to the applicant.

2. When, pending litigation, it appears that a party is doing some act respecting the subject of litigation, or threatens or is about to do some act, or is procuring or suffering some act to be done, in violation of the rights of the applicant, which would tend to render the judgment ineffectual.

3. In all other cases when applicant is entitled to an injunction under the principles of equity.
A.R.S. § 12-1846 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1846
12-1846 Short title
Status: in_force

12-1846. Short title

This article may be cited as the uniform declaratory judgments act.
A.R.S. § 12-2455 — Arizona Code / Title 12 / Chapter 15 / Article 1 / Section 2455
12-2455 Recognition of emancipation from another jurisdiction
Status: in_force

12-2455. Recognition of emancipation from another jurisdiction

This state shall recognize a minor as an emancipated minor if that minor can document emancipation from another jurisdiction of the United States and is at least sixteen years of age.
A.R.S. § 12-1840 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1840
12-1840 Costs
Status: in_force

12-1840. Costs

In any proceeding under this article the court may make such award of costs as may seem equitable and just.
A.R.S. § 12-1529 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1529
12-1529 Execution of writ; indemnity bond for attaching officer
Status: in_force

12-1529. Execution of writ; indemnity bond for attaching officer

A. The officer receiving the writ shall immediately execute it by levying upon so much property of defendant subject to levy under the writ and found within his county as is sufficient to satisfy the writ.

B. The officer shall levy the writ at his own risk, but he may require the plaintiff in attachment to execute and deliver to him a bond of indemnity to secure him if it should afterward appear that the property levied upon does not belong to defendant.
A.R.S. § 12-269 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 269
12-269 Probation funding; counties with a population of two million or more persons; assessment; support
Status: in_force

12-269. Probation funding; counties with a population of two million or more persons; assessment; support

A. The administrative office of the courts shall not disburse any direct state aid for probation services monies, including motor pool costs, that are appropriated for juvenile intensive probation services pursuant to section 8-353, state aid for probation services pursuant to section 12-262, adult intensive probation pursuant to title 13, chapter 9 and community punishment programs pursuant to article 11 of this chapter to a county with a population of two million or more persons.

B. A county with a population of two million or more persons shall maintain probation standards that are otherwise prescribed by law, except that the probation ratios and team compositions that are listed in sections 8-203, 8-353, 12-251 and 13-916 do not apply.  The county shall maintain appropriate ratios of officers to probationers consistent with evidence based practices in differentiated case management and shall annually report its performance to the chief justice of the Arizona supreme court, the speaker of the house of representatives and the president of the senate on or before October 1 of each year.  The annual report shall include, for each probation program, the rate of successful completion of probation, the rate of new felony convictions and the rate of commitment to the state department of corrections or the department of juvenile corrections.

C. In lieu of the assessment prescribed in section 12-114.01 and in addition to any other penalty, fine, fee surcharge or assessment authorized by law, a person shall pay a probation assessment in an amount determined by a county with a population of two million or more persons on every conviction for a criminal offense or a finding of responsibility for a civil traffic violation, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17.

D. The monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the adult probation services fund established by section 12-267 or in the juvenile probation fund established by section 12-268 in such proportion as determined by the board of supervisors.

E. For the purposes of sections 12-267 and 12-268, in a county with a population of two million or more persons, probation fees under section 13-901 and probation assessments under this section are not state appropriations.

F. Notwithstanding any other provision of this section, the administrative office of the courts shall provide centralized support services to all counties from monies that are provided for probation programs.
A.R.S. § 12-1307 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1307
12-1307 Verdicts in actions to recover specific personal property
Status: in_force

12-1307. Verdicts in actions to recover specific personal property

In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or if the defendant by his answer claims a return thereof, the jury, if its verdict is in favor of the plaintiff, or if its verdict is in favor of the defendant and it also finds that defendant is entitled to have the property returned to him, it shall determine the value of the property and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the taking or detention of such property.
A.R.S. § 12-1533 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1533
12-1533 Attachment of perishable property; sale; procedure
Status: in_force

12-1533. Attachment of perishable property; sale; procedure

A. When personal property which has been attached is not claimed or replevied, the court or justice of the peace out of whose court the writ was issued may order it to be sold, when it appears that the property is in danger of serious and immediate waste or decay, or that keeping it until trial will result in such expense or deterioration in value as greatly to lessen the amount likely to be realized therefrom.

B. In ascertaining whether the property is in danger of serious and immediate waste or decay or that keeping of the property until trial will result in such expense or deterioration in value as greatly to lessen the amount likely to be realized therefrom, the court or justice of the peace may require or dispense with notice to the parties and may act upon such information, by affidavit, certificate of the attaching officer or other proof, as appears sufficient to protect the interest of the parties.

C. The sale shall be conducted in the same manner as sales of personal property under execution, except as to time of advertisement, which may be fixed by the court or justice of the peace for a shorter period.
A.R.S. § 12-302 — Arizona Code / Title 12 / Chapter 3 / Article 1 / Section 302
12-302 Extension of time for payment of fees and costs; relief from default for nonpayment; deferral or waiver of court fees and costs; definitions
Status: in_force

12-302. Extension of time for payment of fees and costs; relief from default for nonpayment; deferral or waiver of court fees and costs; definitions

A. The court or any judge may for good cause shown extend the time for paying any court fees and costs required by law or may relieve against a default caused by nonpayment of a fee within the time provided by law, but no fees paid shall be refunded.

B. The supreme court shall adopt forms and procedures for deferral or waiver of court fees and costs.

C. Except as provided in subsection E of this section, the court shall grant an application for deferral of court fees and costs if the applicant establishes by affidavit, including supporting documentation, that the applicant either:

1. Is receiving benefits pursuant to one or more of the following programs:

(a) The temporary assistance for needy families program established by section 403 of title 4 of the social security act as it exists after August 21, 1996.

(b) The food stamp program (7 United States Code sections 2011 through 2029).

2. Is receiving benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1385).

3. Has an income that is insufficient or barely sufficient to meet the daily essentials of life and that includes no allotment that could be budgeted for the fees and costs that are required to gain access to the court.  In considering insufficient income pursuant to this paragraph, the court may consider the following as evidence of insufficient income:

(a) The applicant has a gross income that as computed on a monthly basis is one hundred fifty percent or less of the current poverty level established by the United States department of health and human services.  Gross monthly income includes the applicant's share of community property income.

(b) The applicant's income is considered to be sufficient, but the applicant provides proof of extraordinary expenses, including medical expenses, costs of care for elderly family members or family members with disabilities or other expenses that are deemed extraordinary, that reduce the applicant's gross monthly income to at or below one hundred fifty percent of the current poverty level established by the United States department of health and human services.

D. On proof that the applicant is permanently unable to pay fees or costs, the court shall waive them.  For the purposes of this subsection, "permanently unable to pay" means the applicant's income and liquid assets are insufficient or barely sufficient to meet the daily essentials of life and the income and liquid assets are unlikely to change in the foreseeable future.

E. Except in cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support, and notwithstanding subsection A of this section or chapter 9, article 4 of this title, if the applicant is an inmate who is confined to a correctional facility operated by the state department of corrections and who initiates a civil action or proceeding, the inmate is responsible for the full payment of actual court fees and costs. On filing the civil action or proceeding, the clerk of the court shall assess and, when monies exist, collect as a partial payment of any court fees and costs required by law a first time payment of twenty percent. Thereafter the state department of corrections shall withhold twenty percent of all deposits into the prisoner's spendable account administered by the department until the actual court fees and costs are collected in full. The state department of corrections shall annually forward any monies withheld to the clerk of the court of each court of jurisdiction before January 31. If a prisoner is released before the full fees and costs are collected, the state department of corrections shall forward the amount of fees and costs collected through the date of the prisoner's release. The clerk of the court of each court of jurisdiction is responsible for sending the state department of corrections a copy of the order mandating the amount of fees and costs to be paid. This subsection does not prohibit an applicant from filing a civil action or proceeding if the applicant is unable to pay the filing fees.

F. At the time an applicant signs and submits the application for deferral to the court, the applicant shall acknowledge under oath and sign a consent to judgment. By signing the consent to judgment, the applicant consents to judgment being entered against the applicant for all fees and costs that are deferred but that remain unpaid after thirty calendar days following the entry of final judgment or order. A consent judgment may be entered against the applicant unless one of the following applies:

1. The applicant has an established schedule of payment in effect and is current with payments.

2. A supplemental application for further deferral or waiver has been filed and is pending.

3. In response to a supplemental application, the court orders that the fees and costs be further deferred or waived.

4. Within twenty days of the date the court denies the supplemental application, the applicant either pays the fees or requests a hearing on the court's final order denying further deferral or waiver.  If the applicant requests a hearing, the court shall not enter a consent judgment unless a hearing is held, further deferral or waiver is denied and payment has not been made within the time prescribed by the court.

G. An applicant who is granted a deferral or waiver or a party to the action who knows of any change in the financial circumstances of the applicant shall promptly notify the court of the change in the applicant's financial circumstances during the pendency of the action that affects the applicant's ability to pay court fees and costs. If within ten days after notice and a hearing the court determines that the applicant's financial circumstances have changed and that the applicant no longer meets the eligibility requirements of this section, the court shall order the applicant to pay the deferred or waived fees and costs.

H. The following court fees and costs may be deferred or waived, except that the county shall pay the fees and costs in paragraphs 6 and 7 of this subsection on the granting of an application for deferral or waiver and an applicant who has been granted a deferral shall reimburse the county for the fees and costs in paragraphs 6 and 7 of this subsection:

1. Filing fees.

2. Fees for issuance of either a summons or subpoena.

3. Fees for obtaining one certified copy of a temporary order in a domestic relations case.

4. Fees for obtaining one certified copy of a final order, judgment or decree in all civil proceedings.

5. Sheriff, marshal, constable and law enforcement fees for service of process if any of the following applies:

(a) The applicant established by affidavit that the applicant has attempted without success to obtain voluntary acceptance of service of process.

(b) The applicant's attempt to obtain voluntary acceptance of service of process would be futile or dangerous.

(c) An order of protection or an injunction against harassment in favor of the applicant and against the party sought to be served exists and is enforceable.

6. The fee for service by publication if service is required by law and if the applicant establishes by affidavit specific facts to show that the applicant has exercised due diligence in attempting to locate the person to be served and has been unable to do so.

7. Court reporter's fees for the preparation of court transcripts if the court reporter is employed by the court.

8. Appeal preparation and filing fees at all levels of appeal and photocopy fees for the preparation of the record on appeal pursuant to sections 12-119.01, 12-120.31 and 12-2107 and section 12-284, subsection A.

I. If the case is appealed, the initial deferral or waiver remains in effect unless there is a change in the applicant's financial circumstances. If a case is appealed an applicant may be required to submit to the appellate court a new application for a deferral or waiver of the court fees and costs.

J. If a judgment is rendered for court fees and costs, the court fees and costs deferred but unpaid and the expenses paid by the county under this section shall be included in the judgment and shall be paid directly to the clerk of the court by the party against whom the court fees and costs were assessed.

K. A waiver of court fees or costs shall not be granted for:

1. Matters that are filed as class actions pursuant to rule 23 of the Arizona rules of civil procedure.

2. Civil actions other than cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support that are filed by persons who at the time of filing the application are incarcerated as a result of a felony conviction in an out-of-state correctional facility or in a jail waiting to be transported to a state department of corrections facility.

3. Civil actions other than cases of dissolution of marriage, legal separation, annulment or establishment, enforcement or modification of child support filed by a pro se litigant who has been previously declared a vexatious litigant by any court.

L. This section does not limit the court's discretion in deferring, waiving or ordering the county to pay any fees and costs as may be necessary and appropriate.

M. If an applicant who is granted a deferral or waiver is found to be a vexatious litigant by any court during the pendency of the action, the court shall order the applicant to pay the deferred or waived fees and costs.

N. For the purposes of this section:

1. "Deferral" means either postponement of an obligation to pay fees or establishment of a schedule for payment of fees.

2. "Further deferral" means the establishment of a schedule for payment of fees.
A.R.S. § 12-3008 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3008
12-3008 Interim remedies
Status: in_force

12-3008. Interim remedies

A. Before an arbitrator is appointed and is authorized and able to act, the court, on motion of a party to an arbitration proceeding and for good cause shown, may enter an order for interim remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

B. After an arbitrator is appointed and is authorized and able to act:

1. The arbitrator may issue such orders for interim remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action.

2. A party to an arbitration proceeding may move the court for an interim remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

C. A party does not waive a right of arbitration by making a motion under subsection A or B.
A.R.S. § 12-290 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 290
12-290 Peace officer identifying information; superior court records; confidentiality; definitions
Status: in_force

12-290. Peace officer identifying information; superior court records; confidentiality; definitions

A. A peace officer who believes that the life or safety of the officer or another person is in danger and that restricting access to the officer's personal identifying information will serve to reduce the danger may request that the general public be prohibited from accessing superior court records maintained by the clerk of the superior court that contain the peace officer's personal identifying information.

B. A peace officer may request this action by filing an affidavit in each case in the superior court of the county that contains the personal identifying information requesting that the court order the general public be prohibited from accessing records that contain the personal identifying information. Each affidavit shall contain the officer's personal identifying information and any other information required by the court.

C. To prevent multiple filings, a peace officer shall deliver the affidavit to the peace officer's commanding officer, or the commanding officer's designee, who shall file the affidavits at one time.  In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the commanding officer's designee, shall not file affidavits more often than quarterly.

D. If the court finds that the life or safety of the officer or another person is in danger and that restricting access to records that contain the officer's personal identifying information will serve to reduce the danger the court shall grant the petition and restrict access as necessary.

E. The supreme court shall adopt rules to implement this section.

F. For the purposes of this section:

1. "Peace officer":

(a) Has the same meaning prescribed in section 1-215.

(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.

2. "Personal identifying information" means the officer's residential address, telephone number and contact information as stated in the records.
A.R.S. § 12-1707 — Arizona Code / Title 12 / Chapter 9 / Article 11 / Section 1707
12-1707 Uniformity of interpretation
Status: in_force

12-1707. Uniformity of interpretation

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
A.R.S. § 12-119.05 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 119.05
12-119.05 Post of duty; supreme court justice
Status: in_force

12-119.05. Post of duty; supreme court justice

The designated post of duty of a justice of the supreme court who resides outside of Maricopa county shall be deemed to be the justice's place of permanent physical residence at the time of the justice's appointment.
A.R.S. § 12-652 — Arizona Code / Title 12 / Chapter 6 / Article 6 / Section 652
12-652 Liability of radio or television station owner or agent for defamation published or uttered over station or network
Status: in_force

12-652. Liability of radio or television station owner or agent for defamation published or uttered over station or network

A. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of the owner, licensee or operator, shall not be liable for damages for a defamatory statement published or uttered in or as a part of a visual or sound radio broadcast by one other than the owner, licensee or operator, or agent or employee thereof, unless it is alleged and proved by the complaining party that the owner, licensee, operator or agent or employee has failed to exercise due care to prevent publication or utterance of the statement in the broadcast. The exercise of due care shall be construed to include a bona fide compliance with federal law or regulations of a federal regulatory agency.

B. An owner, licensee or operator, or the agents or employees of such owner, licensee or operator of a station or network of stations shall not be liable for damages for defamatory statements published or uttered over the facilities of such station or network by or on behalf of a candidate for public office.

C. In an action for damages for a defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, the complaining party shall be allowed only the actual damages alleged and proved.
A.R.S. § 12-268 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 268
12-268 Juvenile probation fund; annual report; use
Status: in_force

12-268. Juvenile probation fund; annual report; use

A. The board of supervisors shall designate a chief fiscal officer who shall establish and administer a juvenile probation fund consisting of:

1. County general fund appropriations for juvenile probation.

2. Court information cost monies received pursuant to section 8-134, subsection L.

3. State appropriations for juvenile probation, except monies in the juvenile probation services fund established by section 8-322 and except monies in the court appointed special advocate and vulnerable persons fund established by section 8-524, but including:

(a) Monies for juvenile probation officers authorized by section 8-203.

(b) Monies for state aid for juvenile probation services authorized by this article.

(c) Monies for family counseling services established by title 8, chapter 2, article 5.

(d) Monies for juvenile intensive probation services established by title 8, chapter 3, article 4.

4. Federal monies provided for juvenile probation services.

5. Juvenile probation monies from any other source.

B. The chief fiscal officer shall establish and maintain separate accounts in the fund showing receipts and expenditures of monies from each source listed in subsection A of this section. The presiding juvenile judge of the superior court shall annually present to the board of supervisors for approval a detailed expenditure plan for the juvenile probation services fund accounts. Any modifications to the expenditure plan affecting state appropriations shall be made in accordance with the rules and procedures established by the supreme court. Any modifications to the expenditure plan affecting county appropriated funds shall be made in accordance with the policies established by the county. The chief fiscal officer shall disburse monies from the fund accounts only at the direction of the presiding juvenile judge of the superior court. The chief fiscal officer, on or before August 31 of each year for the preceding fiscal year, shall submit an annual report to the supreme court showing the total amount of receipts and expenditures in each account of the juvenile probation services fund.

C. The state monies in the juvenile probation services fund shall be used in accordance with guidelines established by the supreme court or the granting authority.

D. State monies expended from the juvenile probation services fund shall be used to supplement, not supplant, county appropriations for the superior court juvenile probation department.

E. County monies in the juvenile probation services fund shall be used in accordance with the fiscal policies and procedures established by the board of supervisors.
A.R.S. § 12-621 — Arizona Code / Title 12 / Chapter 6 / Article 3 / Section 621
12-621 Procedure to establish identity of persons
Status: in_force

12-621. Procedure to establish identity of persons

A. When a person desires to establish his identity or fix his birthright and parentage, or both, he may file in the superior court in the county where his residence is maintained an application setting forth his reasons for desiring to establish his identity, birthright or parentage. The court may, after hearing the application, enter judgment establishing identity or birthright and parentage, or both, of such person.

B. The parent, guardian ad litem or next friend of a minor may file such application in the county where the minor's residence is maintained.
A.R.S. § 12-887 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 887
12-887 Determination of claims; appeal
Status: in_force

12-887. Determination of claims; appeal

A. The department of revenue shall consider any claim filed under section 12-886 and may hold a hearing and receive evidence concerning it. If a hearing is held, the department of revenue shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by the department and the reasons for its decision. The decision is a public record.

B. If the claim is allowed, the department shall make payment immediately.

C. Any person aggrieved by a decision of the department of revenue or on whose claim the department has failed to act within ninety days after the filing of the claim may commence an action in the superior court to establish the claim. The proceeding shall be brought within ninety days after the decision of the department or within one hundred eighty days from the filing of the claim if the department fails to act.
A.R.S. § 12-525 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 525
12-525 Real property in adverse possession and use under duly recorded deed with possessor paying taxes; five year limitation; exception
Status: in_force

12-525. Real property in adverse possession and use under duly recorded deed with possessor paying taxes; five year limitation; exception

A. An action to recover real property from a person in peaceable and adverse possession, and cultivating, using or enjoying the property, and paying taxes thereon, and claiming under a deed or deeds duly recorded, shall be commenced within five years after the cause of action accrues, and not afterward.

B. This section shall not apply to anyone in possession of land, who in the absence of this section would claim title through a forged deed, and no one claiming under a forged deed or a deed executed under a forged power of attorney shall be allowed the benefits of this section.
A.R.S. § 12-2292 — Arizona Code / Title 12 / Chapter 13 / Article 7.1 / Section 2292
12-2292 Confidentiality of medical records and payment records
Status: in_force

12-2292. Confidentiality of medical records and payment records

A. Unless otherwise provided by law, all medical records and payment records, and the information contained in medical records and payment records, are privileged and confidential.  A health care provider may only disclose that part or all of a patient's medical records and payment records as authorized by state or federal law or written authorization signed by the patient or the patient's health care decision maker.

B. This article does not limit the effect of any other federal or state law governing the confidentiality of medical records and payment records.
A.R.S. § 12-814 — Arizona Code / Title 12 / Chapter 7 / Article 1.1 / Section 814
12-814 Procedure in injunction action
Status: in_force

12-814. Procedure in injunction action

A. An action instituted pursuant to section 12-813 shall be brought in the superior court of the county in which the property is located. At the commencement of the action a verified complaint alleging the facts constituting the nuisance shall be filed in the office of the clerk of the court.

B. After the filing of the complaint, application for a preliminary injunction may be made to the court which shall grant a hearing within twenty days after the filing. Where such application for a preliminary injunction is made, the court may, on application of the complainant, issue an ex parte restraining order, restraining the defendant from removing or in any manner interfering with any obscene motion picture film or obscene pictorial publication or other item directly related to the conduct or maintenance of the place where such nuisance is alleged to exist and which is alleged in the complaint to constitute a nuisance until further order of the court. The restraining order may be served by handing to and leaving a copy of such order with the manager or person in charge of such place. Any violation of such restraining order is a contempt of court.

C. A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction shall be served upon the defendant at least fifteen days before such hearing.

D. Before or after the commencement of the hearing of an application for a preliminary injunction, the court on application of the defendant, may order that the trial of the action on the merits be advanced and consolidated with the hearing on the application for a preliminary injunction. Evidence which would be admissible at trial shall become a part of the record and need not be reintroduced at the trial.

E. If upon hearing the allegations of the petition it appears to the court that there is sufficient evidence to establish that a nuisance as alleged in the complaint exists and that the plaintiff is likely to prevail at the trial on the merits, the court shall issue a preliminary injunction without additional bond restraining the defendant from continuing the nuisance. Such order shall also continue in effect for such further period of the restraining order if already issued, or, if not issued, it shall include an order restraining for such period the removal or interference with any obscene motion picture film or obscene pictorial publication or other item directly related to the obscene motion picture film or obscene pictorial publication including, but not limited to, promotional material for such film or publication and printing plates used to print such publication.
A.R.S. § 12-1552 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1552
12-1552 Types of executions; form
Status: in_force

12-1552. Types of executions; form

A. Executions are either general or special.

1. A general execution is one which commands the officer to whom it is addressed to make the amount of the judgment out of property of the judgment debtor without specifying the particular property.

2. A special execution is one which commands the officer to whom it is addressed to sell certain specific property, or to deliver certain specific real or personal property to the party adjudged to be entitled thereto.

B. All executions shall be issued in the name of the state, signed by the clerk and sealed with the seal of the court, directed to the sheriff or other officer of the county where service is to be made, and shall refer to the judgment, the court where entered and the date of entry.
A.R.S. § 12-1118 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1118
12-1118 Joint or separate actions; consolidation
Status: in_force

12-1118. Joint or separate actions; consolidation

A. All parcels lying in the county, and required for the same public use, may be included in the same or separate proceedings, at the election of plaintiff, but the court may consolidate or separate them for convenience of the parties.

B. When application for condemnation of a right of way for sewage disposal, or to obtain water, is made on behalf of a settlement, village or an unincorporated town, the board of supervisors of the county may be the plaintiff.
A.R.S. § 12-265 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 265
12-265 Allocation of funds; prohibition
Status: in_force

12-265. Allocation of funds; prohibition

A. Any county operating a program under this article shall receive a base amount of twenty thousand dollars from the funds appropriated annually for the purpose of carrying out this article. The remainder of any appropriated funds, excluding funds appropriated for administration, shall be made available to each participating county based upon the supreme court's determination of the need for and probable effectiveness of each plan submitted pursuant to this article. The supreme court shall allocate such funds available according to this section.

B. Funds apportioned to each county shall be distributed within the county between the adult and juvenile probation departments in proportion to the adult and juvenile populations of that county based on the most recently available census figures from the department of economic security or may be distributed on any other basis approved by both the juvenile and adult probation departments of such counties and by the supreme court.

C. State funds awarded to any county under this article must be utilized to improve, maintain or expand existing juvenile probation programs or to achieve or maintain the average adult probation case supervision requirement prescribed in section 12-251. No state funds may be used to increase any salaries funded under current county probation programs.
A.R.S. § 12-1514 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1514
12-1514 Judgment or decree on award
Status: in_force

12-1514. Judgment or decree on award

Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in confirmity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.
A.R.S. § 12-1621 — Arizona Code / Title 12 / Chapter 9 / Article 7 / Section 1621
12-1621 Notice of sale; perishable, personal and real property; posting, publication and place of sale
Status: in_force

12-1621. Notice of sale; perishable, personal and real property; posting, publication and place of sale

A. Notice of sale under execution shall be made as follows:

1. For the sale of perishable personal property, written notice of the time and place of sale shall be posted in three public places, two of which shall be in the precinct and one at or near the door of the courthouse of the county in which the sale is to take place, for such period of time before the sale as is reasonable, considering the character and condition of the property.

2. For the sale of personal property other than that which is perishable, a posting similar to that provided in paragraph 1 of this subsection shall be made for not less than ten days successively before the day of sale.

3. For the sale of real property, notice shall be given by posting notices for not less than fifteen days successively before the day of sale in three public places in the county, one of which shall be at or near the courthouse door, and publishing a copy thereof in a newspaper for three weeks before the day of sale.

B. The notices shall note the judgment, parties, amount and court in which the judgment was rendered, and particularly describe the property to be sold, and, for real property to be sold, shall include the legal description of the property and the street address if any, or identifiable location of the property. Failure to accurately describe within any such notice either the street address or the identifiable location of the real property to be sold shall not be grounds for invalidating any such sale if the correct legal description of the real property to be sold was noted. A notice for sale of real property required by subsection A, paragraph 3 shall include a notice in substantially the following form:

Notice to Judgment Debtor

Title 33, chapter 8, article 1 of the Arizona Revised Statutes, may permit you to protect your residence from certain types of legal process through the homestead exemption.

If you are in doubt as to your rights, you should obtain legal advice.

C. Real property shall be sold at or near the courthouse door of the county where the property is situated. Personal property shall be sold on the premises where it is taken in execution, at the courthouse door of the county or at some other place more convenient for exhibiting the property to purchasers if necessitated by the nature of the property.
A.R.S. § 12-1612 — Arizona Code / Title 12 / Chapter 9 / Article 6 / Section 1612
12-1612 Renewal by affidavit
Status: in_force

12-1612. Renewal by affidavit

A. A judgment for the payment of money that has been entered and docketed in the civil docket or civil order book of the United States district court or superior court, whether originally rendered by it or entered on a transcript of judgment from another court, or recorded with the county recorder, may be renewed by filing an affidavit for renewal with the clerk of the proper court, except that an affidavit for renewal may not be filed to renew a judgment entered on or before August 2, 2013 unless that judgment was renewed on or before August 2, 2018.

B. The judgment creditor or the judgment creditor's personal representative or assignee, within ninety days preceding the expiration of ten years from the date of entry of such judgment, may make and file an affidavit, known as a renewal affidavit, entitled as in the action setting forth:

1. The names of the parties, the name of the court in which docketed, if recorded the name of the county in which recorded, the date and amount of the judgment, if recorded, the number and page of the book in which recorded by the county recorder, the name of the owner of the judgment, and the owner's source and succession of title, if not the judgment creditor.

2. That no execution is anywhere outstanding and unreturned on the judgment, or if any execution is outstanding, that fact shall be stated.

3. The date and amount of all payments on the judgment and that all payments have been duly credited on the judgment.

4. That there are no setoffs or counterclaims in favor of the judgment debtor, and if a counterclaim or setoff does exist in favor of the judgment debtor, the amount thereof, if certain, or, if the counterclaim or setoff is unsettled or undetermined, a statement that when it is settled or determined by action or otherwise, it may be allowed as a payment or credit on the judgment.

5. The exact amount due on the judgment after allowing all setoffs and counterclaims known to affiant, and other facts or circumstances necessary to a complete disclosure as to the exact condition of the judgment.

C. If the judgment was docketed by the clerk of the court on a certified copy from any other court and subsequently an abstract recorded with the county recorder, the affidavit, in addition to the foregoing, shall set forth a statement of each county in which such transcript has been docketed and abstract recorded. The affidavit shall be verified positively by the person making it, and not on information and belief.

D. The filing of the affidavit in the office of the clerk of the court where the judgment is entered and docketed shall renew and revive the judgment to the extent of the balance shown due in the affidavit.  An order of the court, or other action by a judge, is not necessary to complete the renewal.

E. Additional and successive renewal affidavits as provided for in subsection B of this section may be made and filed within ninety days of expiration of ten years from the date of the filing of a prior renewal affidavit.

F. Recorded judgments that have been timely renewed by a renewal affidavit and successive affidavits, even if such successive affidavits were not authorized by prior law, may be renewed as provided in this section if the prior renewal affidavits were filed within ninety days from the expiration of each successive ten year period.
A.R.S. § 12-1871 — Arizona Code / Title 12 / Chapter 10 / Article 4 / Section 1871
12-1871 Determination of maintainability
Status: in_force

12-1871. Determination of maintainability

A. After the commencement of an action that is brought as a class action and after a hearing, the court shall determine by order whether the action is to be maintained as a class action.  The court may condition, alter, amend or withdraw its order at any time before the decision on the merits.

B. If the court finds that an action should be maintained as a class action, the court shall certify the action in writing, shall set forth its reasons as to why the action should be maintained as a class action and shall describe all evidence in support of its determination.
A.R.S. § 12-2021 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2021
12-2021 Issuance of writ
Status: in_force

12-2021. Issuance of writ

A writ of mandamus may be issued by the supreme or superior court to any person, inferior tribunal, corporation or board, though the governor or other state officer is a member thereof, on the verified complaint of the party beneficially interested, to compel, when there is not a plain, adequate and speedy remedy at law, performance of an act which the law specially imposes as a duty resulting from an office, trust or station, or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled and from which he is unlawfully precluded by such inferior tribunal, corporation, board or person.
A.R.S. § 12-2238 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2238
12-2238 Mediation; privileged communications; exceptions; liability; definitions
Status: in_force

12-2238. Mediation; privileged communications; exceptions; liability; definitions

A. Before or after the filing of a complaint, mediation may occur pursuant to law, a court order or a voluntary decision of the parties.

B. The mediation process is confidential. Communications made, materials created for or used and acts occurring during a mediation are confidential and may not be discovered or admitted into evidence unless one of the following exceptions is met:

1. All of the parties to the mediation agree to the disclosure.

2. The communication, material or act is relevant to a claim or defense made by a party to the mediation against the mediator or the mediation program arising out of a breach of a legal obligation owed by the mediator to the party.

3. The disclosure is required by statute.

4. The disclosure is necessary to enforce an agreement to mediate.

5. The disclosure is made in a report to a law enforcement officer, the department of child safety or adult protective services by a court appointed mediator who reasonably believes that a minor or vulnerable adult is or has been a victim of abuse, child abuse, neglect, exploitation, physical injury or a reportable offense.

C. Except pursuant to subsection B, paragraph 2, 3, 4 or 5 of this section, a mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation proceedings.  Evidence that exists independently of the mediation even if the evidence is used in connection with the mediation is subject to service of process or subpoena.

D. Notwithstanding subsection B of this section, when necessary to enforce or obtain approval of an agreement that is reached by the parties in a mediation, the terms of an agreement that is evidenced by a record that is signed by the parties are not confidential. The agreement may be introduced in any proceeding to obtain court approval of the agreement, where required by law, or to enforce the agreement.  If a party requests that all or a portion of the agreement remain confidential, the agreement may be disclosed to the court under seal with a request to issue appropriate orders to protect the confidentiality of the agreement, as permitted by law.

E. Notwithstanding subsection B of this section, threatened or actual violence that occurs during a mediation is not a privileged communication. The mediator may inform the parties that threatened or actual violence is not privileged and may be disclosed.

F. A mediator is not subject to civil liability except for those acts or omissions that involve intentional misconduct or reckless disregard of a substantial risk of a significant injury to the rights of others.

G. For the purposes of this section:

1. "Abuse" has the same meaning prescribed in section 8-201 if the victim is a minor or section 46-451 if the victim is a vulnerable adult.

2. "Child abuse" means child abuse pursuant to section 13-3623.

3. "Exploitation" has the same meaning prescribed in section 46-451.

4. "Mediation" means a process in which parties who are involved in a dispute enter into one or more private settlement discussions outside of a formal court proceeding with a neutral third party to try to resolve the dispute.

5. "Neglect" has the same meaning prescribed in section 8-201 if the victim is a minor or section 46-451 if the victim is a vulnerable adult.

6. "Physical injury" has the same meaning prescribed in section 13-105.

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

8. "Reportable offense" has the same meaning prescribed in section 13-3620.

9. "Sign" means to execute or adopt a tangible symbol with the present intent to authenticate a record or to attach or logically associate an electronic symbol, sound or process to or with a record with the present intent to authenticate a record.

10. "Vulnerable adult" has the same meaning prescribed in section 13-3623.
A.R.S. § 12-803 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 803
12-803 Parties and scope of action
Status: in_force

12-803. Parties and scope of action

If there is reason to believe that a nuisance as defined in section 12-802 is kept, maintained or exists in any county or city and county, the county attorney of the county in the name of the people of the state or the city attorney of the city in the name of the people of the state shall, or any citizen of the state resident within the county or city and county in this citizen's own name may, maintain an action to abate and prevent the nuisance and to enjoin perpetually the person or persons conducting or maintaining the nuisance, and the owner, lessee or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance.
A.R.S. § 12-1538 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1538
12-1538 Judgment where personal property replevied
Status: in_force

12-1538. Judgment where personal property replevied

When personal property under attachment has been replevied, the judgment shall also be against defendant and the sureties on his replevin bond for the amount of the judgment, interest and costs, or for the value of the property replevied and interest according to the terms of the bond.
A.R.S. § 12-1256 — Arizona Code / Title 12 / Chapter 8 / Article 9 / Section 1256
12-1256 Damages; limitation; set-off
Status: in_force

12-1256. Damages; limitation; set-off

A. If the interest of plaintiff expires before the time in which he may be put in possession, he shall obtain judgment for damages only.

B. The plaintiff shall not recover for the use and occupation of the premises for more than five years prior to commencement of the action.

C. When plaintiff is entitled to damages for withholding, using or injuring the property, defendant may set off the value of permanent improvements made thereon to the extent of the damages.
A.R.S. § 12-1508 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1508
12-1508 Award
Status: in_force

12-1508. Award

A. The award shall be in writing and signed by arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.

B. An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.
A.R.S. § 12-3407 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3407
12-3407 Partition alternative
Status: in_force

12-3407. Partition alternative

A. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants or if after the conclusion of a buyout pursuant to section 12-3406 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after considering the factors prescribed in section 12-3408, finds that partition in kind will result in manifest prejudice to the cotenants as a group.  In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.

B. If the court does not order partition in kind pursuant to subsection A of this section, the court shall order partition by sale pursuant to section 12-3409.  If no cotenant requested partition by sale, the court shall dismiss the action.  If the court orders partition in kind pursuant to subsection A of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.  If the court orders partition in kind pursuant to subsection A of this section, the court shall allocate to the cotenants that are unknown, unlocatable or the subject of a default judgment, if their interests were not bought out pursuant to section 12-3406, a part of the property representing the combined interests of these cotenants as determined by the court, and this part of the property shall remain undivided.
A.R.S. § 12-3412 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3412
12-3412 Relation to electronic signatures in global and national commerce act
Status: in_force

12-3412. Relation to electronic signatures in global and national commerce act

This section modifies, limits and supersedes the electronic signatures in global and national commerce act (15 United States Code sections 7001 through 7031) but does not modify, limit or supersede section 101(c) of that act (15 United States Code section 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 United States Code section 7003(b)).
A.R.S. § 12-1271 — Arizona Code / Title 12 / Chapter 8 / Article 10 / Section 1271
12-1271 Action to recover rent or to recover for use of real property
Status: in_force

12-1271. Action to recover rent or to recover for use of real property

A person entitled thereto may bring an action for and recover rent, or a fair and reasonable satisfaction for the use and occupation of real property in the following cases:

1. When rent is due and in arrears on a lease.

2. When lands are held and occupied without a special agreement for rent, or when a tenant remains in possession after termination of his right of possession.

3. When possession is obtained under a written or oral agreement for the purchase of premises, and before deed is given, the right to possession is terminated by forfeiture or in compliance with the agreement, and possession is wrongfully refused or neglected to be given on demand made by the party entitled thereto.

4. When land is sold under a judgment of court and deed is issued, if the party to such judgment or a person under him wrongfully refuses or neglects to surrender possession of the land after demand by the person entitled to possession.
A.R.S. § 12-931 — Arizona Code / Title 12 / Chapter 7 / Article 7 / Section 931
12-931 Proceeding in state court; stay, hearing and precedence of appeal
Status: in_force

12-931. Proceeding in state court; stay, hearing and precedence of appeal

A. When a proceeding is begun in a court in this state for the purpose of enforcing a statute of the state or an administrative order of a board, commission, or other agency of the state, and in defense thereto the assertion is made that the statute or administrative order is unconstitutional and invalid, the court in which the defensive proceeding is begun may grant a stay of all other proceedings under the statute or order by any state officer or officers pending determination of such defensive proceeding.

B. The defensive proceeding, and an appeal therefrom, shall be given precedence, and expedited in every way, and shall be assigned for hearing at the earliest practicable day.
A.R.S. § 12-690 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 690
12-690 Duty of care; admissibility of evidence in certain motor vehicle accidents; definition
Status: in_force

12-690. Duty of care; admissibility of evidence in certain motor vehicle accidents; definition

A. In any civil action where a covered motor vehicle is involved in an accident, there is no obligation or duty of care for an owner, lessor or operator of the covered motor vehicle, or for a person renting or leasing the covered motor vehicle to another person, to retrofit the covered motor vehicle with component parts or optional equipment, or to have selected component parts or optional equipment to be included on the covered motor vehicle, if such parts or equipment were not required by the federal motor vehicle safety standards under 49 Code of Federal Regulations part 571 applicable when the covered motor vehicle was manufactured or first sold. Evidence related to such an alleged obligation or duty is inadmissible.

B. This section does not apply if the owner, lessor or operator of the covered motor vehicle, or the person renting or leasing the covered motor vehicle to another person, fails to comply with a law or regulation issued after the covered motor vehicle was manufactured or first sold requiring a mandatory recall or retrofit of the covered motor vehicle.

C. For the purposes of this section, "covered motor vehicle" means a motor vehicle for which the owner's liability for an accident is governed by 49 United States Code section 30106.
A.R.S. § 12-1701 — Arizona Code / Title 12 / Chapter 9 / Article 11 / Section 1701
12-1701 Definition
Status: in_force

12-1701. Definition

In this article, unless the context otherwise requires: "Foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
A.R.S. § 12-689 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 689
12-689 Exemption from punitive or exemplary damages; applicability; definitions
Status: in_force

12-689. Exemption from punitive or exemplary damages; applicability; definitions

A. A manufacturer, service provider or seller is not liable for exemplary or punitive damages if any of the following applies:

1. The product alleged to have caused the harm was designed, manufactured, packaged, labeled, sold or represented in relevant and material respects according to the terms of an approval, conditional approval, clearance, license or similar determination of a government agency.

2. The product, activity or service complied with all statutes of this state or the United States or standards, rules, regulations, orders or other actions of a government agency pursuant to statutory authority that are relevant and material to the event or risk allegedly causing the harm and the product, activity or service complied at the time the product left the control of the manufacturer or seller.

3. The act or transaction forming the basis of the claim involves terms of service, contract provisions, representations or other practices authorized by, or in compliance with, the rules, regulations, standards or orders of, or a statute administered by, a government agency.

B. This section does not apply if the claimant establishes that the manufacturer, service provider or seller, at any time before the activity or event that allegedly caused the harm, did any of the following:

1. Sold the product, activity or service after the effective date of a final order of a government agency to remove the product from the market, to withdraw its approval of the product, activity or service or to substantially alter its terms of approval of the product, activity or service in a manner that would have avoided the claimant's alleged injury.  For the purposes of this paragraph and paragraph 4 of this subsection, a product, activity or service is sold when it is delivered or provided to the end user, even if payment is not made until later.

2. Intentionally, and in violation of applicable regulations as determined by final action of the government agency, withheld from or misrepresented to the government agency information material to the approval or maintaining of approval of the product, activity or service, and the information is relevant to the harm that the claimant allegedly suffered.

3. Made an illegal payment to an official or employee of a government agency for the purpose of securing or maintaining approval of the product, activity or service.

4. After the product was sold or the service was provided, a government agency found that the manufacturer, service provider or seller knowingly violated applicable regulations requiring the reporting to that government agency of risks of harm and the unreported information was material and relevant to the harm that the claimant allegedly suffered.

C. This section shall not be construed to do any of the following:

1. Expand the authority of any state agency or state agent to adopt or promulgate standards or regulations where no such authority previously existed.

2. Reduce the scope of any limitation on liability based on compliance with the rules or regulations of a government agency applicable to a specific act, transaction, person or industry.

3. Affect the liability of a service provider based on rates filed with and reviewed or approved by a government agency.

D. For the purposes of this section:

1. "Activity" means an action, pattern of operation or practice that is regulated, approved, licensed or otherwise required by a government agency.

2. "Government agency" means this state or the United States or any agency of this state or the United States or any entity vested with the authority of this state or the United States to issue rules, regulations, orders or standards concerning the design, manufacture, packaging, labeling or advertising of a product or activity or the provision of a service.

3. "Manufacturer" means any person who is engaged in a business to produce, create, make or construct any product or component part of a product and who does either of the following:

(a) Designs, manufactures or formulates the product or component part of the product.

(b) Engages another person to design, manufacture or formulate the product or component part of the product.

4. "Product" means any object possessing intrinsic value, capable of delivery either as an assembled whole or as a component part or parts and produced for introduction into trade or commerce.

5. "Seller" means a person who in the course of a business conducted for that purpose does either of the following:

(a) Sells, distributes, rents, leases, prepares, blends, packages, labels or otherwise is involved in placing a product, activity or service in the stream of commerce.

(b) Installs, repairs, refurbishes, reconditions or maintains a product.

6. "Service" means all actions that are engaged in for other persons for a consideration, which actions involve predominantly the performance of a service as distinguished from manufacture or sale of a product and that are regulated, approved or licensed by a government agency.
A.R.S. § 12-583 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 583
12-583 Good cause hearing
Status: in_force

12-583. Good cause hearing

A. In a hearing held to determine whether good cause exists not to try a claim under this article, the court shall consider the circumstances of the parties and all relevant factors, including, but not limited to:

1. Whether the risk that a lump sum award would be dissipated is insignificant.

2. Whether the amount of future damages is too small or the time over which the payments would be made is too short or the economic savings are not such as to warrant payment in periodic installments.

3. Whether a party responding to a claim for future damages is unable to fund a periodic installment judgment.

B. If the objecting party fails to establish by clear and convincing evidence that good cause exists not to try a claim under this article, the court shall overrule the objection to the election.

C. If the court finds that good cause exists not to try a claim under this article, the court shall set forth in the record the reasons for the finding.
A.R.S. § 12-116.10 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.10
12-116.10 Assessment; peace officer training equipment fund
Status: in_force

12-116.10. Assessment; peace officer training equipment fund

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

B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and forfeitures 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 forfeitures to the city or town treasurer.

C. The city, town or county treasurer shall transmit the assessment and the remittance report to the state treasurer. The state treasurer shall deposit the assessment in the peace officer training equipment fund established by section 41-1731.

D. The court may mitigate all or part of the assessment in the same manner and subject to the same limitations in the mitigation of a fine in section 13-825, subsection B.
A.R.S. § 12-1340 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1340
12-1340 Satisfaction of judgment by claimant
Status: in_force

12-1340. Satisfaction of judgment by claimant

If within ten days from the giving of judgment against claimant, he returns the property in as good condition as he received it, and pays interest, damages and costs, such delivery and payment shall operate as satisfaction of the judgment.
A.R.S. § 12-1571 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1571
12-1571 Issuance of writ
Status: in_force

12-1571. Issuance of writ

A. The clerk of the court or justice of the peace shall issue writs of garnishment, returnable to their respective courts, upon the filing of the application required by section 12-1572 and the bond required by section 12-1573.

B. City and town magistrates may issue writs of garnishment, which are returnable to their respective courts, for nonpayment of any monies payable to the court including but not limited to bonds, fines, fees, sanctions, penalties, surcharges, assessments and restitution imposed in their courts on the filing of the application required by section 12-1572 and the bond required by section 12-1573. A political subdivision or court is considered a judgment creditor for purposes of garnishment.

C. The writ may issue to the judgment creditor as garnishee for property of the judgment debtor in possession of the judgment creditor or a third party.
A.R.S. § 12-3103 — Arizona Code / Title 12 / Chapter 22 / Article 1 / Section 3103
12-3103 Prohibited enforcement of foreign law
Status: in_force

12-3103. Prohibited enforcement of foreign law

A court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States or conflict with the laws of the United States or of this state.
A.R.S. § 12-1598.13 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.13
12-1598.13 Contempt proceedings; default of garnishee
Status: in_force

12-1598.13. Contempt proceedings; default of garnishee

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 garnishee fails after written notice to deliver nonexempt earnings to the judgment creditor within thirty days after the ending date of the pay period, or fails after written notice to deliver the nonexempt earnings statement to the judgment debtor with the exempt earnings, the judgment debtor 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 debtor 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 judgment debtor was represented by an attorney at such hearing.

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

C. While an order of continuing lien pursuant to section 12-1598.10 is in effect, if the garnishee fails to deliver to the judgment creditor the nonexempt earnings of the judgment debtor, if any, and the copy of the nonexempt earnings statement within fourteen days of the end of the pertinent pay period, and the judgment creditor thereafter delivers a written demand for the nonexempt earnings and statement, and the garnishee does not comply within fourteen days of the receipt of the written demand, the judgment creditor may petition the court for relief. The court shall, after notice, hold a hearing to determine whether the failure to comply with the written demand within fourteen days of receipt, 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 to comply.

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 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.

G. The garnishee may conclusively rely on and is not liable to the judgment debtor for acting in reliance on the validity and authenticity of a garnishment which is regular on its face.

H. If a garnishee fails to answer within the time specified in the writ, the party for whom the writ has been issued may petition the court for the issuance of an order requiring the garnishee to appear before the court at a time and place specified in the order to answer the writ or to file and serve a copy of the answer on the party for whom the writ has been issued, or on his attorney if the party is represented by counsel, at least five days before the appearance date. If the garnishee fails to appear or file and serve the answer after the service of the order requiring the appearance in person or answer on the garnishee, the court may render judgment by default against the garnishee for the full amount of the judgment against the judgment debtor. The court may award a reasonable attorney's fee to the party for whom the writ was issued and against the garnishee if the writ was not answered within the time specified in the writ and a petition requiring the garnishee to appear or answer was filed as provided in this section.
A.R.S. § 12-165 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 165
12-165 Venue; change of judge
Status: in_force

12-165. Venue; change of judge

A. All actions involving disputes arising under the jurisdiction of the tax court shall be brought in the superior court in Maricopa county.

B. Except for actions that involve disputes about taxes arising under title 42, chapters 11 through 16, an action involving a tax, impost or assessment that is filed in another county shall be transferred to the tax court.

C. A change of judge in the tax court shall be granted only for cause as prescribed in section 12-409. If a party to an action described by section 12-163, subsection B, exercises its right to a change of judge, the action shall not be reassigned to the tax court.
A.R.S. § 12-722 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 722
12-722 Trafficking of persons; civil liability; applicability; remedies; joint and several liability; definitions
Status: in_force

12-722. Trafficking of persons; civil liability; applicability; remedies; joint and several liability; definitions

A. A person who engages in the trafficking of a person or who intentionally or knowingly benefits from participating in a venture that traffics another person is liable to the person trafficked for damages that arise from the trafficking of that person by the person or venture.

B. It is not a defense to liability under this section that the person was acquitted or has not been prosecuted for or convicted of an offense included in title 13 or has been convicted of a different offense, or of a different type or class of offense, for the conduct that is alleged to give rise to liability under this section.

C. This section applies to any legal entity that is governed by title 10 or 29.

D. Notwithstanding titles 10 and 29, if a legal entity is found responsible pursuant to this section, a shareholder, member or partner of that entity is jointly and severally liable with the entity to the person trafficked for damages that arise from the trafficking of that person if the person demonstrates that the shareholder, member or partner caused the entity to be used to traffic that person for the direct personal benefit of the shareholder, member or partner.

E. A claimant who prevails under this section:

1. Shall be awarded actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown, court costs and reasonable attorney fees.

2. In addition to an award under paragraph 1 of this subsection, may recover exemplary damages.

F. The rights and remedies provided in this section supplement any other rights and remedies provided by law, including common law rights.

G. A person who engages in the trafficking of a person or who intentionally or knowingly benefits from participating in a venture that traffics another person and is found responsible under this section or other law for any amount of damages arising from the trafficking is jointly liable with any other person found to be liable for the entire amount of damages arising from the trafficking.

H. For the purposes of this section:

1. "Person" has the same meaning prescribed in section 13-105.

2. "Traffics another person" or "trafficking of a person" means conduct that constitutes an offense under section 13-1306, 13-1307, 13-1308, 13-3206 or 13-3212.
A.R.S. § 12-1703 — Arizona Code / Title 12 / Chapter 9 / Article 11 / Section 1703
12-1703 Notice of filing
Status: in_force

12-1703. Notice of filing

A. At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of the superior court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.

B. Promptly upon the filing of the foreign judgment and the affidavit, the judgment creditor shall mail notice of the filing of the foreign judgment and a copy of the foreign judgment to the judgment debtor at the address given and shall file proof of mailing with the clerk. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this state.
A.R.S. § 12-1339 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1339
12-1339 Judgment; limitation on time for issuance of execution
Status: in_force

12-1339. Judgment; limitation on time for issuance of execution

A. If claimant fails to establish his right, judgment shall be given against him and his sureties for the value of the property, with legal interest thereon from the date of the bond and for ten per cent damages. When the value is greater than the amount claimed under the writ by virtue of which the property was levied upon, the damages shall be on the amount due under the writ.

B. On such judgment no execution shall issue for ten days.
A.R.S. § 12-1588 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1588
12-1588 Answer disclosing shares of stock; judgment and sale
Status: in_force

12-1588. Answer disclosing shares of stock; judgment and sale

A. If the garnishee is a corporation and it appears from the answer or otherwise that the judgment debtor is or was when the writ of garnishment was served the owner of any shares of stock in the corporation, or of any interest therein, the court shall give judgment ordering the sale under execution in favor of the judgment creditor against the judgment debtor of such shares or interest of the judgment debtor, or so much thereof as is necessary to satisfy the execution.

B. The sale shall be conducted as other sales of personal property under execution, and the officer making the sale shall execute a transfer of the shares or interest to the purchaser, briefly reciting the judgment under which they were sold.

C. The sale shall pass to the purchaser all the right, title and interest which the judgment debtor had in the shares of stock, or in the corporation, and the officers of the corporation shall enter the sale and transfer on the books of the corporation as if they had been made by the judgment debtor.
A.R.S. § 12-1160 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1160
12-1160 Appeal; stay of proceedings; bond
Status: in_force

12-1160. Appeal; stay of proceedings; bond

A. Any time within thirty days from filing an interlocutory or final order or judgment by the court, any person or persons of record in the action who have filed exceptions at any stage of the action within the time and in the manner specified, may appeal therefrom, but only with respect to those questions or issues which were raised by the exceptions.

B. The taking of an appeal shall not operate to stay the action, except when the person or persons appealing have obtained a stay of execution of the judgment or order appealed from. In such event the proceedings shall be stayed only with respect to the person or persons appealing and as to their respective interests in the action. Upon taking an appeal, the action shall be deemed severed as to the person or persons appealing and their respective interests in the action.

C. An interlocutory or final order or judgment shall be final and conclusive upon all persons affected thereby who have not appealed within the time prescribed by this section.

D. Any plaintiff, other than a corporation authorized to transact business in this state, may appeal without giving bond, but any other person or persons appealing shall give bond with good and sufficient surety to be approved by the court, conditioned that the party appealing will pay all costs taxed against such party on the appeal.
A.R.S. § 12-961 — Arizona Code / Title 12 / Chapter 7 / Article 9 / Section 961
12-961 Definitions
Status: in_force

12-961. Definitions

In this article, unless the context otherwise requires:

1. "Medical care and treatment" includes hospital, medical, psychological, surgical and dental care, ambulance services, prostheses, medical appliances and supplies, pharmaceutical supplies, occupational therapy and physical therapy.

2. "Third person" includes any governmental entity, corporation, company, partnership, firm, association, society and a natural person.
A.R.S. § 12-405 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 405
12-405 Change of venue by consent
Status: in_force

12-405. Change of venue by consent

A superior court may, upon written consent of the parties or their attorneys filed in an action, by an order entered on the minutes, transfer the action for trial to the superior court of another county.
A.R.S. § 12-862 — Arizona Code / Title 12 / Chapter 7 / Article 4 / Section 862
12-862 Order to show cause; service; return; attachment of person or sequestration of property
Status: in_force

12-862. Order to show cause; service; return; attachment of person or sequestration of property

A. When it appears to the superior court by the return of a proper officer on lawful process, or upon affidavit of some credible person, or by information filed by the county attorney, that there is reasonable ground to believe that a person is guilty of the disobedience described in section 12-861, the court may order the person so charged to show cause at the time and place the court directs why he should not be punished for such disobedience.

B. The order, with a copy of the affidavit or information, shall be served upon the person charged within sufficient time to enable him to prepare and make return to the order, and if by the return the alleged contempt is not purged, a trial shall be directed at a time fixed by the court.

C. If the person allegedly in contempt fails or refuses to make return to the order, a warrant of arrest may issue directing the sheriff or any constable of the county where the person charged resides or may be found, to arrest him and bring him before the court at a time and place directed by the court, and such person may be required to give bail for his attendance at the trial and his submission to final judgment of the court.

D. If accused is a corporation, an attachment for sequestration of its property may be issued upon refusal or failure to answer.
A.R.S. § 12-120.22 — Arizona Code / Title 12 / Chapter 1 / Article 1.2 / Section 120.22
12-120.22 Appeals; transfer of case, appeal or petition for a writ
Status: in_force

12-120.22. Appeals; transfer of case, appeal or petition for a writ

A. Appeals to the court of appeals shall be taken from the superior court in the manner prescribed for appeals to the supreme court and within like time.

B. No case, appeal or petition for a writ brought in the supreme court or court of appeals shall be dismissed for the reason only that it was not brought in the proper court or division, but it shall be transferred to the proper court or division.
A.R.S. § 12-1362 — Arizona Code / Title 12 / Chapter 8 / Article 14 / Section 1362
12-1362 Dwelling action; notice of intent to repair or replace; jurisdictional prerequisite; insurance; bifurcated trial; legislative intent
Status: in_force

12-1362. Dwelling action; notice of intent to repair or replace; jurisdictional prerequisite; insurance; bifurcated trial; legislative intent

A. Except with respect to claims for alleged construction defects involving an immediate threat to the life or safety of persons occupying or visiting the dwelling, a purchaser must first comply with this article before filing a dwelling action.

B. A seller and the seller's construction professional who receive a written notice of claim pursuant to section 12-1363 have a right pursuant to section 12-1363 to repair or replace any alleged construction defects after sending or delivering to the purchaser a written notice of intent to repair or replace the alleged construction defects.  The seller and the seller's construction professional do not need to repair or replace all of the alleged construction defects.  A purchaser may not file a dwelling action until the seller and the seller's construction professional have completed all intended repairs and replacements of the alleged construction defects.

C. If a seller or a seller's construction professional presents a notice received pursuant to section 12-1363 to an insurer that has issued an insurance policy to the seller or the seller's construction professional that covers the seller's or the seller's construction professional's liability arising out of a construction defect or the design, construction or sale of the property that is the subject of the notice, the insurer must treat the notice as a notice of a claim subject to the terms and conditions of the policy of insurance.  An insurer must work cooperatively and in good faith with the insured seller or the seller's construction professional within the time frames specified in this article to effectuate the purpose of this article.  This subsection does not affect the coverage available under the policy of insurance or create a cause of action against an insurer whose actions were reasonable under the circumstances, notwithstanding its inability to comply with the time frames specified in section 12-1363.

D. Subject to Arizona rules of court, the identified construction professionals shall be joined as third-party defendants, if feasible.  Subject to Arizona rules of court, for each construction defect found to exist, the trier of fact in any dwelling action filed pursuant to this article shall first determine if a construction defect exists and the amount of damages caused by the defect and identify each seller or construction professional whose conduct, whether by action or omission, may have caused, in whole or in part, any construction defect. The purchaser has the burden of proof to demonstrate the existence of a construction defect and the amount of the damages caused by the construction defect. The trier of fact shall thereafter determine the relative degree of fault of any defendant or third-party defendant. The trier of fact shall allocate the pro rata share of liability based on relative degree of fault. The seller has the burden to prove the pro rata share of liability of any third-party defendant.  The determination of whether a construction defect exists, the amount of damages caused by the construction defect and who may have caused, in whole or in part, the construction defect shall be bifurcated from and take place in a separate phase of the trial or alternative dispute resolution process from the determination of the relative degree of fault of any defendant or third-party defendant, unless the court finds that bifurcation is not appropriate.

E. The legislature finds and determines that given the complexity and multiparty nature of dwelling actions, it is important to provide a streamlined process for the resolution of construction defect claims and indemnification claims between the seller and the construction professionals that is efficient, economical and convenient for the parties involved. The legislature further finds and determines that for the majority of dwelling actions, bifurcation of the issues of the existence of a defect and causation from the issue of apportionment of fault is more efficient, fair and convenient for the parties.  It is the legislature's intent that the bifurcation process prescribed in subsection D of this section does not alter the seller's liability under the seller's implied warranty to the purchaser. It is the legislature's intent that the bifurcation process prescribed in subsection D of this section be used and that the issues of existence of a construction defect, damages, causation and apportionment of fault be tried in one trial unless the court finds that the circumstances of the particular case at issue render bifurcation inappropriate.
A.R.S. § 12-573 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 573
12-573 Limited liability for treatment related to delivery of infants; exception; definition
Status: in_force

12-573. Limited liability for treatment related to delivery of infants; exception; definition

A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a physician licensed to practice pursuant to title 32, chapter 13 or 17 is not liable to the pregnant female patient, the child or children delivered or their families for medical malpractice related to labor or delivery rendered on an emergency basis if the patient was not previously treated for the pregnancy by the physician, by a physician in a group practice with the physician or by a physician, physician assistant or certified nurse midwife with whom the physician has an agreement to attend the labor and delivery of the patient.

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 health care facility or its employees in cases that are covered by subsection A of this section, the health care facility is not liable to the female patient, the child or children delivered or their families for medical malpractice related to labor or delivery.

C. This section does not apply to treatment that is rendered in connection with labor and delivery if the patient has been seen regularly by or under the direction of a licensed health care provider or a licensed physician from whom the patient's medical information is immediately available to the physicians attending the patient during labor and delivery.

D. For the purposes of this section, "emergency" means when labor has begun or a condition exists requiring the delivery of the child or children.
A.R.S. § 12-127 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 127
12-127 Days for transaction of business; exceptions
Status: in_force

12-127. Days for transaction of business; exceptions

A. The superior court shall at all times be open for transaction of business except on nonjudicial days.  The superior court shall not transact business on a legal holiday except:

1. To give, on its request, instructions to a jury deliberating on its verdict.

2. To receive a verdict or discharge a jury.

3. For the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature.

B. Writs of injunction, attachment, garnishment, replevin and prohibition may be issued and served on any day.

C. With the approval of the presiding judge of the county, business shall be transacted in the division of the superior court of that county on the second Monday in October if the board of supervisors designates the Friday after the fourth Thursday in November a legal holiday in place of the second Monday in October.

D. A division of the superior court shall not be open for the transaction of business on the Friday after the fourth Thursday in November if the division of the superior court of that county is open for the transaction of business on the second Monday in October pursuant to subsection C of this section.
A.R.S. § 12-164 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 164
12-164 Qualifications and assignment of tax judge; qualifications and appointments of judges pro tempore and commissioners assigned to the tax court
Status: in_force

12-164. Qualifications and assignment of tax judge; qualifications and appointments of judges pro tempore and commissioners assigned to the tax court

A. A judge of the tax court shall be a superior court judge who has been duly selected as provided by law and assigned to the tax court by the presiding judge of the superior court in Maricopa county.

B. In addition to the qualifications prescribed by law for a superior court judge, a judge of the tax court shall demonstrate a willingness to specialize in tax cases and a willingness to serve as a tax judge for at least two years or the remainder of his current term of office, whichever is less.

C. In addition to the qualifications set forth in section 12-142, a judge pro tempore appointed to serve in the tax court by the chief justice of the supreme court pursuant to section 12-141 shall qualify under minimum standards of experience and education in tax law established by the supreme court.

D. In addition to the qualifications set forth in section 12-211, a court commissioner appointed to serve in the tax court by the presiding judge of Maricopa county pursuant to section 12-213 shall qualify under minimum standards of experience and education in tax law established by the supreme court.
A.R.S. § 12-2240 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2240
12-2240 Sexual assault victim advocate; privilege; exception; training; supervision; definition
Status: in_force

12-2240. Sexual assault victim advocate; privilege; exception; training; supervision; definition

A. In a civil action, a sexual assault victim advocate shall not be examined as to any communication made by the sexual assault victim to the sexual assault victim advocate.

B. This section does not apply to:

1. A civil action brought pursuant to title 36, chapter 37, relating to the civil commitment of sexually violent persons.

2. A sexual assault victim advocate's duty to report pursuant to section 13-3620.

C. Unless the sexual assault program or service provider has immunity under other provisions of law, the communication is not privileged if the sexual assault victim advocate knows or should have known that the victim will give or has given perjurious statements or statements that would tend to disprove the existence of sexual assault.

D. A party to an action may make a motion for disclosure of privileged information under this section and, if the court finds reasonable cause, the court shall hold a hearing in camera as to whether the privilege should apply.

E. To qualify for the privilege prescribed in this section, a sexual assault victim advocate must have at least thirty hours of training in assisting victims of sexual assault. A portion of this training must include an explanation of privileged communication and the reporting requirements prescribed in section 13-3620.  The training may be provided by the sexual assault program or service provider or by an outside agency that issues a certificate of completion. The records custodian of the sexual assault program or service provider must maintain the training documents.

F. A sexual assault victim advocate who is a volunteer shall perform all activities under qualified supervision.

G. For the purposes of this section, "sexual assault victim advocate" means a person who is an employee of or volunteer at a sexual assault program or service provider for victims of sexual assault and who meets the training requirements of this section.
A.R.S. § 12-559.03 — Arizona Code / Title 12 / Chapter 5 / Article 4 / Section 559.03
12-559.03 Adjustment of the fair market value of total gross assets
Status: in_force

12-559.03. Adjustment of the fair market value of total gross assets

A. Except as provided in subsections B, C and D of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the following:

1. The prime rate as listed in the first edition of the wall street journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the wall street journal, in which case any reasonable determination of the prime rate on the first day of the year may be used.

2. One per cent.

B. The rate found in subsection A of this section shall not be compounded.

C. The adjustment of the fair market value of total gross assets shall continue as provided in subsection A of this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities that are paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.

D. No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the total gross assets pursuant to section 12-559.02, subsection C.
A.R.S. § 12-264 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 264
12-264 Continued allocation of funds
Status: in_force

12-264. Continued allocation of funds

By May 31 and December 31 of each year, each presiding judge of the superior court operating a program under this article shall submit to the supreme court an evaluation report describing the program and its accomplishments. If, in the judgment of the court, the program is successful or has shown reasonable promise of being successful, the court may continue such funding. If the program has not shown reasonable success as agreed to in the funding agreement, the court shall require submission of a new plan or modification of the existing plan as a condition of continued funding.
A.R.S. § 12-102.03 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 102.03
12-102.03 Local courts assistance fund
Status: in_force

12-102.03. Local courts assistance fund

A. The local courts assistance fund is established consisting of monies allocated to the fund pursuant to section 41-2421, subsections E and G. The purpose of the fund is to provide state aid to the superior court, including the clerk of the court and the justice courts in each county for the processing of criminal cases.

B. The plan required pursuant to section 12-102.02, subsection C, shall include the planned expenditure of monies received pursuant to this section. This plan must be approved by the supreme court prior to the expenditure of such monies.

C. The county treasurer shall invest monies in the fund. Interest earned on fund monies shall be deposited in the fund.

D. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the processing of criminal cases.
A.R.S. § 12-547 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 547
12-547 Failure to make return on execution; five year limitation
Status: in_force

12-547. Failure to make return on execution; five year limitation

When execution has issued and no return is made thereon, the party in whose favor the execution was issued may proceed against the sheriff or other officer and his sureties for not making return within five years from the day on which it was returnable, and not afterward.
A.R.S. § 12-1310 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1310
12-1310 Finding for plaintiff; property in possession of defendant; election to take value or property
Status: in_force

12-1310. Finding for plaintiff; property in possession of defendant; election to take value or property

If judgment is against the defendant and at the time thereof he is in possession of the property by reason of the redelivery bond, the judgment shall be against the defendant and the sureties on his bond for the value of the property, the damages for its detention and costs, and for the return of the property to the plaintiff at a time and place therein named, and upon the same terms and conditions the plaintiff shall be given the same election as is given heretofore in this article to a prevailing defendant.
A.R.S. § 12-1641 — Arizona Code / Title 12 / Chapter 9 / Article 9 / Section 1641
12-1641 Action by creditor; failure to bring action and effect
Status: in_force

12-1641. Action by creditor; failure to bring action and effect

Any person bound as surety upon a contract for payment of money or performance of an act, when the right of action has accrued, may require, by notice in writing, the creditor or obligee forthwith to bring an action upon the contract. If the creditor or obligee, not being under legal disability, fails to bring the action within sixty days after receiving the notice, and prosecute it to judgment and execution, the surety giving the notice shall be discharged from all liability thereon.
A.R.S. § 12-1135 — Arizona Code / Title 12 / Chapter 8 / Article 2.1 / Section 1135
12-1135 Attorney fees and costs
Status: in_force

12-1135. Attorney fees and costs

(Caution: 1998 Prop. 105 applies)

A. A property owner is not liable to this state or any political subdivision of this state for attorney fees or costs in any eminent domain action or in any action for diminution in value.

B. A property owner shall be awarded reasonable attorney fees, costs and expenses in every eminent domain action in which the taking is found to be not for a public use.

C. In any eminent domain action for the purpose of slum clearance and redevelopment, a property owner shall be awarded reasonable attorney fees in every case in which the final amount offered by the municipality was less than the amount ascertained by a jury or the court if a jury is waived by the property owner.

D. A prevailing plaintiff in an action for just compensation that is based on diminution in value pursuant to section 12-1134 may be awarded costs, expenses and reasonable attorney fees.
A.R.S. § 12-594 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 594
12-594 Arbitration and settlement agreements
Status: in_force

12-594. Arbitration and settlement agreements

A. This article also applies to claims for bodily injury arising out of medical malpractice that are subject to arbitration either by law or if the parties have agreed to its application by contract.

B. Parties to an action on any claim for bodily injury arising out of medical malpractice may file with the clerk of the court in which the action is pending, or, if none is pending, with the clerk of a court of competent jurisdiction over the claim, a settlement agreement for future damages payable in periodic installments. The settlement agreement may provide that one or more sections of this article apply to it.
A.R.S. § 12-1524 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1524
12-1524 Attachment bond of plaintiff
Status: in_force

12-1524. Attachment bond of plaintiff

Before issuance of a writ of attachment, plaintiff shall execute and file a bond payable to defendant in an amount not less than the amount for which action is brought, to be approved by the officer issuing the writ, conditioned that plaintiff will prosecute his action to effect and will pay all damages and costs as may be sustained by defendant by reason of the wrongful obtaining of the attachment.
A.R.S. § 12-221 — Arizona Code / Title 12 / Chapter 2 / Article 3 / Section 221
12-221 Appointment and oath
Status: in_force

12-221. Appointment and oath

Each judge of the superior court shall appoint a court reporter. Before entering upon his duties, the court reporter shall take and subscribe the official oath to be administered by the judge of the court.
A.R.S. § 12-103 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 103
12-103 Seal
Status: in_force

12-103. Seal

The supreme court shall have a seal as devised and adopted by the judges of the court. The seal shall be kept by the clerk of the court.
A.R.S. § 12-1215 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1215
12-1215 Entry and contents of judgment; appointment of commissioners; surveyor
Status: in_force

12-1215. Entry and contents of judgment; appointment of commissioners; surveyor

A. The court shall enter a judgment directing that partition of the real property be made in accordance with the shares or interests of the parties entitled thereto and specifying the share or interest of each party.

B. The court shall appoint three or more disinterested persons commissioners to make the partition in accordance with the judgment. The clerk of the court shall forthwith notify the commissioners of their appointment, and shall deliver to one of them a certified copy of the judgment of partition.

C. The court may also appoint a surveyor to assist the commissioners in making the partition.
A.R.S. § 12-590 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 590
12-590 Effect of death on periodic installments
Status: in_force

12-590. Effect of death on periodic installments

A. The liability for payment of periodic installments for costs of health care not yet due at the death of the person entitled to receive the benefits terminates on the death of the person. Liability for payment of any other installments or portions of installments not yet due at the death of the person entitled to receive them terminates, except as provided in subsections B and C.

B. If, in an action for wrongful death, a judgment for periodic installments provides payments to more than one person and one or more but fewer than all of them die, the surviving beneficiaries are entitled to shares proportionate to their shares in the periodic installments not yet paid to the deceased beneficiary or beneficiaries. The surviving beneficiaries are not entitled to receive payments beyond the periods specified for such beneficiaries in the judgment.

C. If, in an action other than for wrongful death, a judgment for periodic installments is entered and a person entitled to receive benefits for economic losses other than for costs of health care under the judgment dies, any periodic installments not yet due at the person's death shall be paid to a beneficiary designated in writing by the deceased or, in the absence of such a designation, to the estate of the deceased.
A.R.S. § 12-2294.01 — Arizona Code / Title 12 / Chapter 13 / Article 7.1 / Section 2294.01
12-2294.01 Release of medical records or payment records to third parties pursuant to subpoena
Status: in_force

12-2294.01. Release of medical records or payment records to third parties pursuant to subpoena

A. A subpoena seeking medical records or payment records shall be served on the health care provider and any party to the proceedings at least ten days before the production date on the subpoena.

B. A subpoena that seeks medical records or payments records must meet one of the following requirements:

1. The subpoena is accompanied by a written authorization signed by the patient or the patient's health care decision maker.

2. The subpoena is accompanied by a court or tribunal order that requires the release of the records to the party seeking the records or that meets the requirements for a qualified protective order under the health insurance portability and accountability act privacy standards (42 Code of Federal Regulations section 164.512(e)).

3. The subpoena is a grand jury subpoena issued in a criminal investigation.

4. The subpoena is issued by a health profession regulatory board as defined in section 32-3201.

5. The health care provider is required by another law to release the records to the party seeking the records.

C. If a subpoena does not meet one of the requirements of subsection B of this section, a health care provider shall not produce the medical records or payment records to the party seeking the records, but may either file the records under seal pursuant to subsection D of this section, object to production under subsection E of this section or file a motion to quash or modify the subpoena under rule 45 of the Arizona rules of civil procedure.

D. It is sufficient compliance with a subpoena issued in a court or tribunal proceeding if a health care provider delivers the medical records or payment records under seal as follows:

1. The health care provider may deliver by certified mail or in person a copy of all the records described in the subpoena by the production date to the clerk of the court or tribunal or if there is no clerk then to the court or tribunal, together with the affidavit described in paragraph 4 of this subsection.

2. The health care provider shall separately enclose and seal a copy of the records in an inner envelope or wrapper, with the title and number of the action, name of the health care provider and date of the subpoena clearly inscribed on the copy of the records.  The health care provider shall enclose the sealed envelope or wrapper in an outer envelope or wrapper that is sealed and directed to the clerk of the court or tribunal or if there is no clerk then to the court or tribunal.

3. The copy of the records shall remain sealed and shall be opened only on order of the court or tribunal conducting the proceeding.

4. The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following:

(a) That the affiant is the duly authorized custodian of the records and has authority to certify the records.

(b) That the copy is a true complete copy of the records described in the subpoena.

(c) If applicable, that the health care provider is subject to the confidentiality requirements in 42 United States Code sections 290dd-3 and 290ee-3 and applicable regulations and that those confidentiality requirements may apply to the requested records.  The affidavit shall request that the court make a determination, if required under applicable federal law and regulations, as to the confidentiality of the records submitted.

(d) If applicable, that the health care provider has none of the records described or only part of the records described in the subpoena.

5. The copy of the records is admissible in evidence as provided under rule 902(11), Arizona rules of evidence.  The affidavit is admissible as evidence of the matters stated in the affidavit and the matters stated are presumed true.  If more than one person has knowledge of the facts, more than one affidavit may be made.  The presumption established by this paragraph is a presumption affecting the burden of producing evidence.

E. If a subpoena does not meet one of the requirements of subsection B of this section or if grounds for objection exist under rule 45 of the Arizona rules of civil procedure, a health care provider may file with the court or tribunal an objection to the inspection or copying of any or all of the records as follows:

1. On filing an objection, the health care provider shall send a copy of the objection to the patient at the patient's last known address, to the patient's attorney if known and to the party seeking the records, unless after reasonable inquiry the health care provider cannot determine the last known address of the patient.

2. On filing the objection, the health care provider has no further obligation to assert a state or federal privilege pertaining to the records or to appear or respond to a motion to compel production of records, and may produce the records if ordered by a court or tribunal.  If an objection is filed, the patient or the patient's attorney is responsible for asserting or waiving any state or federal privilege that pertains to the records.

3. If an objection is filed, the party seeking production may request an order compelling production of the records.  If the court or tribunal issues an order compelling production, a copy of the order shall be provided to the health care provider.  On receipt of the order, the health care provider shall produce the records.

4. If applicable, an objection shall state that the health care provider is subject to the confidentiality requirements in 42 United States Code sections 290dd-3 and 290ee-3, shall state that the records may be subject to those confidentiality requirements and shall request that the court make a determination, if required under applicable federal law and regulations, on whether the submitted records are subject to discovery.

F. If a party seeking medical records or payment records wishes to examine the original records maintained by a health care provider, the health care provider may permit the party to examine the original records if the subpoena meets one of the requirements of subsection B of this section.  The party seeking the records also may petition a court or tribunal for an order directing the health care provider to allow the party to examine the original records or to file the original records under seal with the court or tribunal under subsection D of this section.
A.R.S. § 12-3027 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3027
12-3027 Venue
Status: in_force

12-3027. Venue

A motion pursuant to section 12-3005 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held.  Otherwise, the motion may be made in the court of any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state.  All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.
A.R.S. § 12-886 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 886
12-886 Claim by heir, devisee or owner of proceeds from sale of escheated property
Status: in_force

12-886. Claim by heir, devisee or owner of proceeds from sale of escheated property

If a person appears and claims any of the proceeds from the sale of escheated property as an heir or devisee, or as the owner who was absent for five years, he may file a claim to the proceeds with the department of revenue on a form prescribed by the department. A person has seven years from the time of sale of the escheated property to file a claim with the department of revenue for the proceeds.
A.R.S. § 12-561 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 561
12-561 Definitions
Status: in_force

12-561. Definitions

In this chapter, unless the context otherwise requires:

1. "Licensed health care provider" means both:

(a) A person, corporation or institution licensed or certified by the state to provide health care, medical services, nursing services or other health-related services and includes the officers, employees and agents thereof working under the supervision of such person, corporation or institution in providing such health care, medical services, nursing services or other health-related services.

(b) A federally licensed, regulated or registered blood bank, blood center or plasma center collecting, processing or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives for use by a licensed health care provider and includes the officers, employees and agents working under the supervision of the blood bank, blood center or plasma center.

2. "Medical malpractice action" or "cause of action for medical malpractice" means an action for injury or death against a licensed health care provider based upon such provider's alleged negligence, misconduct, errors or omissions, or breach of contract in the rendering of health care, medical services, nursing services or other health-related services or for the rendering of such health care, medical services, nursing services or other health-related services, without express or implied consent including an action based upon the alleged negligence, misconduct, errors or omissions or breach of contract in collecting, processing or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives.
A.R.S. § 12-2503 — Arizona Code / Title 12 / Chapter 16 / Article 1 / Section 2503
12-2503 Enforcement
Status: in_force

12-2503. Enforcement

A. Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.

B. If a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion on notice to all parties to the action.

C. If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.

D. If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, his right of contribution is barred unless he has either:

1. Discharged by payment the common liability within the statute of limitations period applicable to the claimant's right of action against him and has commenced his action for contribution within one year after payment.

2. Agreed while action is pending against him to discharge the common liability and has within one year after the agreement paid the liability and commenced his action for contribution.

E. The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair a right of contribution.

F. The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death is binding as among the defendants in determining their right to contribution. If the claimant's case is tried, the trier of fact shall apportion and determine the respective degrees of fault of the defendants to the action.
A.R.S. § 12-314 — Arizona Code / Title 12 / Chapter 3 / Article 2 / Section 314
12-314 Prohibition upon rule allowing tax, charge or allowance
Status: in_force

12-314. Prohibition upon rule allowing tax, charge or allowance

The superior court shall make no rule imposing a tax or charge upon a legal proceeding or make an allowance to any officer for services.
A.R.S. § 12-1511 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1511
12-1511 Confirmation of an award
Status: in_force

12-1511. Confirmation of an award

A party seeking confirmation of an award shall file and serve an application therefor in the same manner in which complaints are filed and served in civil actions. Upon the expiration of twenty days from service of the application, which shall be made upon the party against whom the award has been made, the court shall enter judgment upon the award unless opposition is made in accordance with section 12-1512.
A.R.S. § 12-2509 — Arizona Code / Title 12 / Chapter 16 / Article 1 / Section 2509
12-2509 Scope of contribution and comparative negligence
Status: in_force

12-2509. Scope of contribution and comparative negligence

A. The right to contribution under sections 12-2501 through 12-2504 applies to all tortfeasors whose liability is based on negligence, strict liability in tort or any product liability action, as defined in section 12-681, including warranty.

B. If an action involves claims for relief alleging both negligence and strict liability in tort, and if section 12-2505 is applied with respect to the negligence claims for relief, the reduction in damages under section 12-2505 shall be applied to the damages awarded against all defendants, except that contributory negligence, as distinguished from assumption of risk, is not a defense to a claim alleging strict liability in tort, including any product liability action, as defined in section 12-681, except claims alleging negligence.

C. For purposes of section 12-2502, section 12-2503, subsection F and section 12-2505 with respect to cases involving assumption of risk, the relative degree of fault of a person strictly liable in tort is the defect causing injury to the claimant. Among two or more persons strictly liable in tort who are entitled to claim contribution against each other, the relative degree of fault of each is the degree to which each contributed to the defect causing injury to the claimant.
A.R.S. § 12-991 — Arizona Code / Title 12 / Chapter 7 / Article 12 / Section 991
12-991 Nuisance; applicability; residential property used for crime; action to abate and prevent; notice; definitions
Status: in_force

12-991. Nuisance; applicability; residential property used for crime; action to abate and prevent; notice; definitions

A. Residential property that is regularly used in the commission of a crime is a nuisance, and the criminal activity causing the nuisance shall be enjoined, abated and prevented.

B. If there is reason to believe that a nuisance as described in subsection A of this section exists, the attorney general, the county attorney, the city attorney, an association of homeowners or property owners established by a recorded contract or other declaration, including a condominium association as defined in section 33-1202 and a planned community association as defined in section 33-1802, or a resident of a county or city who is affected by the nuisance may bring an action in superior court against the owner, the owner's managing agent or any other party responsible for the property to abate and prevent the criminal activity.

C. The court shall not assess a civil penalty against any person unless that person knew or had reason to know of the criminal activity.

D. An injunction that is ordered pursuant to this article shall be necessary to protect the health and safety of the public or prevent further criminal activity.

E. An order shall not affect the owner's interest in the property unless all of the following apply:

1. The owner is a defendant in the action.

2. The owner knew of the criminal activity.

3. The owner failed to take reasonable, legally available actions to abate the nuisance.

F. If the owner, the owner's managing agent or the party responsible for the property knows or has reason to know of the criminal activity and fails to take reasonable, legally available actions to abate the nuisance, a governmental authority may abate the nuisance.  The court may assess the owner for the cost of abating the nuisance.  On recording with the county recorder in the county in which the property is located, the assessment is prior to all other liens, obligations or encumbrances except for prior recorded mortgages, restitution liens, child support liens and general tax liens.  A city, town or county may bring an action to enforce the assessment in the superior court in the county in which the property is located.

G. For purposes of this section, an owner, the owner's managing agent or the party responsible for the property is deemed to know or have reason to know of the nuisance if the owner, the owner's managing agent or the party responsible for the property has received notice from a governmental authority of documented reports of criminal offenses occurring on the residential property.

H. A law enforcement agency, a city attorney, a county attorney, the attorney general or any other person who is at least twenty-one years of age may serve the notice provided for in subsection G of this section, either personally or by certified mail.  If personal service or service by certified mail cannot be completed or the address of the person to be notified is unknown, notice may be served by publishing the notice three times within ten consecutive days in a newspaper of general circulation in the county in which the property is located.  In all cases a copy of the notice shall be posted on the premises where the nuisance exists.

I. The notice shall be printed in at least twelve-point type in substantially the following form:

Notice

This is formal notice that the property at (insert address and unit number if applicable) has had (insert number of) arrests or (insert number of) documented reports of alleged criminal activity and is considered a nuisance under section 12-991, Arizona Revised Statutes.  A copy of the police report numbers is attached.  Police reports are available at (insert applicable police agency).

Within five business days you must begin to take action that is legally available to you to abate the nuisance from the property.  If you fail to do so, a restraining order to abate and prevent continuing or recurring criminal activity will be pursued.

If you fail to cooperate to abate the nuisance, the appropriate authorities will abate the nuisance and their costs will be a lien on the property.

You may contact (local agency) in order to obtain information on how to abate the nuisance.

J. For the purposes of this article:

1. "Owner" means a person or persons or a legal entity listed as the current title holder as recorded in the official records of the county recorder in the county in which the title is recorded.

2. "Owner's managing agent" means a person, corporation, partnership or limited liability company that is authorized by the owner to operate and manage the property.
A.R.S. § 12-731 — Arizona Code / Title 12 / Chapter 6 / Article 13 / Section 731
12-731 Recovery of civil damages
Status: in_force

12-731. Recovery of civil damages

A. Except as provided in title 13, chapter 30, any person whose wire, oral or electronic communication is intentionally intercepted, disclosed or used in violation of title 13, chapter 30 may bring a civil action to recover from the person or entity that engaged in the violation the following:

1. Such preliminary and other equitable or declaratory relief as may be appropriate.

2. Damages in an amount that is the greater of either:

(a) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation.

(b) Statutory damages of one hundred dollars a day for each day of the violation.

(c) Statutory damages of ten thousand dollars.

3. Punitive damages in appropriate cases.

4. Reasonable attorney fees and other reasonable costs of litigation.

B. A civil action under this section may not be commenced later than one year after the date upon which the plaintiff first has a reasonable opportunity to discover the violation.
A.R.S. § 12-653 — Arizona Code / Title 12 / Chapter 6 / Article 6 / Section 653
12-653 Nonliability for publication made at instance of public officer acting in compliance with law
Status: in_force

12-653. Nonliability for publication made at instance of public officer acting in compliance with law

An action for damages shall not lie against the editor, publisher, or proprietor of a newspaper or periodical for publication of a report, proceedings or other matter published at the instance of a public officer acting in compliance with law.
A.R.S. § 12-116.12 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.12
12-116.12 Penalty fee; first responder's supplemental death benefit
Status: in_force

12-116.12. Penalty fee; first responder's supplemental death benefit

(Caution:  1998 Prop 105 applies; Rpld. 1/1/33)

A. Beginning from and after June 30, 2025, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay a penalty fee of $20 on every conviction for a criminal offense.

B. The court shall transmit the penalty fee collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the penalty fee to the city or town treasurer.

C. The city, town or county treasurer shall transmit the penalty fees to the state treasurer. The state treasurer shall deposit the penalty fees, pursuant to sections 35-146 and 35-147, in the state supplemental benefit fund established by section 38-1173.

D. The court may not waive or mitigate the penalty fee.
A.R.S. § 12-124 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 124
12-124 Appellate jurisdiction; issuance of writs
Status: in_force

12-124. Appellate jurisdiction; issuance of writs

A. The superior court shall have appellate jurisdiction in all actions appealed from justices of the peace, inferior courts, boards and officers from which appeals may, by law, be taken.

B. The superior court may issue writs of certiorari to inferior courts, boards or officers to compel a return of their proceedings, examine or try such proceedings and give any judgment or make any order necessary in furtherance of justice.

C. The superior court may issue writs of prohibition or other remedial writs necessary to carry out its powers.
A.R.S. § 12-2027 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2027
12-2027 Determination of questions of law
Status: in_force

12-2027. Determination of questions of law

If the answer and reply upon application for a writ of mandamus raise only questions of law or put in issue immaterial statements not affecting substantial rights of the parties, or when the question of fact has been determined, the court shall hear the argument.
A.R.S. § 12-2295 — Arizona Code / Title 12 / Chapter 13 / Article 7.1 / Section 2295
12-2295 Charges
Status: in_force

12-2295. Charges

A. Except as otherwise provided by law, a health care provider or contractor may charge a person who requests reproductions of medical records or payment records a reasonable fee for the reproduction of the records pursuant to this section.  Except as necessary for continuity of care, a health care provider or contractor may require the payment of any fees in advance.

B. A health care provider or contractor shall not charge for the pertinent information contained in medical records provided to:

1. Another health care provider for the purpose of providing continuing care to the patient to whom the medical record pertains.

2. The patient to whom the medical record pertains for the demonstrated purpose of obtaining health care.

3. The health care decision maker of the patient to whom the medical record pertains for the demonstrated purpose of obtaining health care for the patient.

4. The Arizona medical board, the Arizona board of osteopathic examiners in medicine and surgery or an officer of the department of health services or the local health department requesting records pursuant to section 36-662.

5. The patient or the patient's legal representative for the purpose of appealing a denial of benefits under the social security act.  Any additional request for medical records and a request for medical records that were previously provided free of charge in the same calendar year are subject to a reasonable fee pursuant to subsection A of this section, except that a fee may not be charged if no medical records are located in response to the request. A legal representative must provide an appointment of representative form SSA-1696 before obtaining a patient's medical records free of charge.
A.R.S. § 12-163 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 163
12-163 Assignment to tax court
Status: in_force

12-163. Assignment to tax court

A.  Except as provided in subsection B of this section, if it appears from the pleadings or other pleadings filed with the superior court that an action involves the imposition, assessment or collection of a tax, including all questions of law and fact relating to disputes about taxes, or the providing of tax decisions, arising under title 5, chapter 1, 2, 3 or 4, title 23, chapter 4 or 6 or title 20, 28, 42, 43 or 48, or disputes between political subdivisions of this state regarding taxes, except for criminal cases which involve any of the foregoing, the presiding judge of the superior court shall assign the action to the tax court. Actions involving appeals to the superior court concerning taxes imposed or collected by local jurisdictions shall also be assigned by the presiding judge to the tax court.

B. An action involving the imposition, assessment or collection of a tax, including questions of law or fact relating to a dispute about taxes, arising under title 42, chapters 11 through 16 may be filed in either the tax court or the superior court.

C. The supreme court shall adopt rules regarding the identification and assignment of actions to the tax court including a requirement that any action involving matters to be assigned to the tax court under subsection A of this section be identified as a tax court matter at the time of filing, by captioning the pleading "in the Arizona tax court".

D. If any order not amounting to a judgment has been entered by the superior court prior to assignment of the matter to the tax court, the tax court, on application of any party or on its own motion within thirty days after the assignment, may reconsider any order so entered.
A.R.S. § 12-581 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 581
12-581 Definitions
Status: in_force

12-581. Definitions

In this article, unless the context otherwise requires:

1. "Bodily injury" means bodily harm, sickness, disease or emotional or mental distress, including death resulting from any of these conditions at any time, sustained by a person.

2. "Claimant" means a person suffering bodily injury, a person claiming on behalf of or as a result of bodily injury to another person, the representative of the estate of a deceased person or a beneficiary of a wrongful death action.

3. "Costs of health care" means medical, custodial, rehabilitative and related expenses.

4. "Economic loss" means pecuniary harm for which damages are recoverable.

5. "Future damages" means economic loss and noneconomic loss arising from bodily injury that accrues after trial of a claim under this article.

6. "Noneconomic loss" means nonpecuniary harm for which damages are recoverable but does not include punitive or exemplary damages.

7. "Past damages" means economic loss and noneconomic loss arising from bodily injury that have accrued before a claim is tried under this article, including punitive or exemplary damages.

8. "Qualified insurer" means an insurer, self-insurer, plan or arrangement approved by the director of the department of insurance and financial institutions.
A.R.S. § 12-131 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 131
12-131 Commission on trial court appointments; notification; appointment of nonattorney member; time limits
Status: in_force

12-131. Commission on trial court appointments; notification; appointment of nonattorney member; time limits

A. At least ninety days before a term of a nonattorney member on a commission on trial court appointments expires the commission shall notify the member of the board of supervisors from the district in which the vacancy will occur of that vacancy.

B. Pursuant to article VI, section 41, Constitution of Arizona at least ninety days before a term of a nonattorney member on a commission on trial court appointments expires or within twenty-one days of a vacancy occurring for a nonattorney member on the commission for trial court appointments, the member of the board of supervisors from the district in which the vacancy has occurred shall appoint a nominating committee of seven members who reside in the district, not more than four of whom may be from the same political party.  The makeup of the nominating committee shall to the extent feasible, reflect the diversity of the population of the district. Nominating committee members shall not be attorneys and shall not hold any governmental office, elective or appointive, for profit.

C. The nominating committee, within twenty days after being appointed, shall provide public notice that a vacancy exists and shall solicit applications.

D. The nominating committee, within sixty days after providing public notice that a vacancy exists, shall review the applications and forward to the governor all applications along with the committee's recommendations for appointment.

E. Pursuant to section 38-211, the governor may appoint a nonattorney member to a commission on trial court appointments without being forwarded an application from a nominating committee if any of the following applies:

1. A member of the board of supervisors does not appoint a nominating committee within twenty-one days of a vacancy occurring for a nonattorney member on the commission on trial court appointments.

2. The nominating committee does not provide public notice that a vacancy exists on the commission on trial court appointments within twenty days of appointment.

3. The nominating committee does not forward all applications to the governor within sixty days of providing public notice that a vacancy exists.
A.R.S. § 12-981 — Arizona Code / Title 12 / Chapter 7 / Article 11 / Section 981
12-981 Definitions
Status: in_force

12-981. Definitions

In this article, unless the context otherwise requires:

1. "Governmental entity" means a county, municipality, school district, chartered unit or subdivision, a governmental unit or other special district or similar entity or any association, authority, board, commission, division, office, officer, task force or other agency of this state.

2. "Hospital" means a health care facility, whether organized for profit or not, which provides medical services, nursing services, health screening services, other health-related services or supervisory care services.

3. "Nonprofit corporation" means a corporation that is exempt from taxation pursuant to section 501(a) of the internal revenue code.

4. "Nonprofit organization" means an organization that is exempt from taxation pursuant to section 501(c) of the internal revenue code.

5. "Volunteer" means a person who performs services for a nonprofit corporation or nonprofit organization, hospital or governmental entity without compensation other than reimbursement of actual expenses incurred. The term includes a volunteer who serves as a director, officer, trustee or direct service volunteer.
A.R.S. § 12-3251 — Arizona Code / Title 12 / Chapter 25 / Article 1 / Section 3251
12-3251 Definitions
Status: in_force

12-3251. Definitions

In this chapter, unless the context otherwise requires:

1. "Foreign country" means a government other than:

(a) The United States.

(b) A state, district, commonwealth, territory or insular possession of the United States.

(c) Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the full faith and credit clause of the United States Constitution.

2. "Foreign-country judgment" means a judgment of a court of a foreign country.