A.R.S. § 12-653.03 — Arizona Code / Title 12 / Chapter 6 / Article 6.1 / Section 653.03
12-653.03 Failure to publish or broadcast correction; recovery of special and exemplary damages; malice
Status: in_force

12-653.03. Failure to publish or broadcast correction; recovery of special and exemplary damages; malice

If a correction is demanded within the period prescribed by section 12-653.02, and is not published or broadcast in substantially as conspicuous a manner in the newspaper or magazine, or on the radio or television broadcasting station, as the statements claimed to be libelous, in a regular issue thereof published or broadcast within three weeks after service, plaintiff, if he pleads and proves the notice, demand and failure to correct, and if his cause of action is maintained, may recover general, special and exemplary damages subject to applicable rules of law governing such damages in this jurisdiction, but no exemplary damages may be recovered unless the plaintiff proves that defendant made the publication or broadcast with actual malice and then only in the discretion of the court or jury.
A.R.S. § 12-2405 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2405
12-2405 Notice; form of notice
Status: in_force

12-2405. Notice; form of notice

Upon the filing of an application as provided in section 12-2404, the justice of the peace or clerk of any superior court shall issue a notice directed to any party against whom any provisional remedy would operate substantially in the following form:

"NOTICE

You are hereby notified that your (property) may be taken away from you by (party seeking provisional remedy), who says that you owe (such party) a debt of $(amount).  (Party seeking provisional remedy), your creditor, wants to take your property so that (such party) can be sure you will pay if the court decides that you owe money to (party seeking provisional remedy). If you do not want to have your property taken away, you may ask for a hearing before a court. You may ask for the hearing anytime in the next ten days. The hearing will take place within five working days after you ask for it. You may ask for the hearing by checking the box at the bottom of this notice and filing it with the court or division of the court, at the following address:  (address of court or division of the court). You must also send a copy to (party seeking provisional remedy) at (address), so that (such party) knows you want the hearing.  At the hearing the court will decide whether the claim against you is probably valid and whether other legal requirements have been met.  If you do not check the box requesting a date for a hearing and take this notice to the court within ten days, the court will automatically assume you do not want a hearing and you will lose your right to a hearing.  Then (party seeking provisional remedy) may take your property with the court's permission."
A.R.S. § 12-2454 — Arizona Code / Title 12 / Chapter 15 / Article 1 / Section 2454
12-2454 Effect of emancipation
Status: in_force

12-2454. Effect of emancipation

A. An emancipation order issued pursuant to this article recognizes the minor as an adult for the following purposes:

1. The right to enter into a binding contract.

2. The ability to sue and be sued.

3. The right to buy and sell real property.

4. The right to establish a legal residence.

5. The obligation to pay child support.

6. The right to incur debts.

7. The right to access medical treatment and records.

8. The right to consent to medical, dental and psychiatric care without parental consent, knowledge or liability.

9. The right to consent to medical, dental and psychiatric care for the emancipated minor's child.

10. Eligibility for social services.

11. The right to obtain a license to operate equipment or perform a service.

12. The right to apply for enrollment in any school or college.

13. The ability to apply for loans.

14. The ability to pursue any other opportunity that is provided by law to a person who is at least eighteen years of age.

B. An emancipation order issued pursuant to this article terminates a parent's or legal guardian's:

1. Right to the emancipated minor's income.

2. Future child support obligations relating to the emancipated minor.

3. Tort liability for the emancipated minor's actions.

4. Obligation to financially support the emancipated minor after the first day of the month following entry of this order.

5. Obligation to provide medical support for the emancipated minor.
A.R.S. § 12-1537 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1537
12-1537 Restoration of property or exoneration of bond; levy on exempt property
Status: in_force

12-1537. Restoration of property or exoneration of bond; levy on exempt property

A. If the attachment is vacated or if the judgment is for defendant, the court shall order the property restored to defendant or exonerate the claim or replevin bond.

B. When any property claimed to be exempt is levied upon, defendant may, any time after such levy, apply to the court for vacation of such levy. If it appears to the court that the property so levied upon was exempt, the court shall order the levy vacated and the property returned to defendant.
A.R.S. § 12-1162 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1162
12-1162 Supplemental nature of article; procedure
Status: repealed

12-1162. Supplemental nature of article; procedure

A. The powers conferred by this article shall be additional and supplemental to and not in substitution for the power conferred by any other law. No other law pertaining to eminent domain is repealed by this article in whole or in part. Eminent domain may be exercised under this article even though another law may provide for the exercise thereof for like purposes, and shall be operative without regard to the requirements, restrictions or procedural provisions of any other law.

B. Procedure not prescribed in this article shall be the procedure otherwise prescribed by law of the state.
A.R.S. § 12-1515 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1515
12-1515 Applications to court
Status: in_force

12-1515. Applications to court

Except as otherwise provided, an application to the court under this article shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
A.R.S. § 12-1128 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1128
12-1128 Costs and jury fees
Status: in_force

12-1128. Costs and jury fees

A. Costs may be allowed or not, and if allowed may be apportioned between the parties on the same or adverse sides, in the discretion of the court.

B. The jury fee may be assessed or not against the plaintiff, in the discretion of the court. If jury fees are so assessed, they shall be calculated in the same manner and amounts as in other civil actions and the plaintiff shall pay such fee to the clerk of the court for transmittal to the county treasurer who shall dispose such monies in the same manner as the disposition of other jury fees.

C. In an action for condemnation of property by or on behalf of an educational, reformatory or penal institution of the state, if the board or officers having charge of the institution, prior to commencement of the action or proceeding, tender to the owner of the property such sum of money as the board or officers deem the reasonable value of the property, and the owner refuses to accept it and transfer the property, then all costs and expenses of the action or proceeding shall be taxed against the owner unless the sum of money assessed in the judgment as the value of the property and compensation to be paid therefor is greater than the amount so tendered.
A.R.S. § 12-104 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 104
12-104 Affixing of seal
Status: in_force

12-104. Affixing of seal

A. The seal of the supreme court need not be affixed to any proceedings in the court except a summons, writ or authentication of a copy of a record or proceedings of the court or its officers for the purpose of record or evidence in another court or place.

B. The seal may be affixed by impressing it on the paper or on a substance attached to the paper and capable of receiving the impression.
A.R.S. § 12-502 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 502
12-502 Effect of minority or insanity
Status: in_force

12-502. Effect of minority or insanity

If a person entitled to bring an action other than those set forth in article 2 of this chapter is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action. Such person shall have the same time after removal of the disability which is allowed to others.
A.R.S. § 12-544 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 544
12-544 Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; four year limitation
Status: in_force

12-544. Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; four year limitation

There shall be commenced and prosecuted within four years after the cause of action accrues, and not afterward, the following actions:

1. For the penalty or for damages on the penal clause of a bond to convey real property.

2. By one partner against his copartner for a settlement of the partnership account, or upon mutual and current accounts concerning the trade of merchandise between merchant and merchant, their factors or agents, and the cause of action shall be considered as having accrued upon a cessation of the dealings in which they were interested together.

3. Upon a judgment or decree of a court rendered without the state, or upon an instrument in writing executed without the state. This paragraph does not apply to a judgment for support, as defined in section 25-500, and to associated costs and attorney fees.

4. An action arising under the provisions of title 47, chapter 2, for breach of any contract of sale, which action shall be governed by section 47-2725, notwithstanding any other provision of this section or of section 12-543 or 12-548.
A.R.S. § 12-2103 — Arizona Code / Title 12 / Chapter 12 / Article 1 / Section 2103
12-2103 Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur
Status: in_force

12-2103. Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur

A. The supreme court may affirm, reverse or modify a judgment or order appealed from, and may render such judgment or order as the court below should have rendered, or may remand the action to the court below with directions to render such judgment or order, or may direct that a new trial or other proceedings be had, as justice may require, accompanying the mandate with a copy of its opinion.

B. When the judgment or order is reversed or modified the court may make complete restitution of all property and rights lost by the erroneous judgment or order.

C. If three judges do not concur the action shall be reheard.
A.R.S. § 12-1125 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1125
12-1125 Payment of damages in proceedings by railroad
Status: in_force

12-1125. Payment of damages in proceedings by railroad

A. If the property sought to be condemned is for a railroad, plaintiff shall, within thirty days after final judgment, pay the sum assessed, but may, before payment, elect to build fences and cattle guards. If plaintiff so elects, he shall execute and deliver to defendant a bond, with sureties to be approved by the court, in double the assessed cost thereof conditioned that plaintiff will build the fences and cattle guards within eighteen months from the time the railroad is built on the land taken, and if bond is given, plaintiff shall not be required to pay the cost of the fences and cattle guards to defendant.

B. In an action on the bond reasonable attorney's fees, in addition to all damages, may be recovered.
A.R.S. § 12-1202 — Arizona Code / Title 12 / Chapter 8 / Article 6 / Section 1202
12-1202 Right to private way of necessity; limitation
Status: in_force

12-1202. Right to private way of necessity; limitation

A. An owner of or a person entitled to the beneficial use of land, mines or mining claims and structures thereon, which is so situated with respect to the land of another that it is necessary for its proper use and enjoyment to have and maintain a private way of necessity over, across, through, and on the premises, may condemn and take lands of another, sufficient in area for the construction and maintenance of the private way of necessity.

B. If the condemnation is upon, over, or affects the range lands of another, the area condemned shall be strictly defined, and livestock driven upon or over the private way shall be accompanied by and under the control of sufficient drivers or herders to confine the livestock to the condemned area, and the livestock shall be so confined to that area and kept moving directly across the property condemned until they have been completely removed from the condemned area.
A.R.S. § 12-3409 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3409
12-3409 Open-market sale; sealed bids; auctions
Status: in_force

12-3409. Open-market sale; sealed bids; auctions

A. If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bid or an auction would be more economically advantageous and in the best interest of the cotenants as a group.  If the court orders an open-market sale and the parties, not later than ten days after the entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission.  If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission.  The broker shall offer the property for sale in a commercially reasonable manner at a price not lower than the fair market value of the property determined pursuant to section 12-3405, subsection C and on the terms and conditions established by the court. If the broker appointed pursuant to this subsection obtains within a reasonable time an offer to purchase the property for at least the determined fair market value, both of the following apply:

1. The broker shall comply with the reporting requirements in subsection D of this section.

2. The sale may be completed in accordance with state law other than the provisions of this section.

B. If the broker appointed pursuant to subsection A of this section does not obtain within a reasonable time an offer to purchase the property for at least the determined fair market value of the property, the court, after a hearing, may do any of the following:

1. Approve the highest outstanding offer, if any.

2. Redetermine the value of the heirs property and order that the heirs property continue to be offered for an additional time.

3. Order that the heirs property be sold by sealed bids or at an auction.

C. If the court orders a sale by sealed bids or at an auction, the court shall set terms and conditions of the sale.  If the court orders an auction, the auction must be conducted pursuant to title 33, chapter 6, article 2.  If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.

D. Unless required to do so within a shorter time, a broker who is appointed pursuant to subsection A of this section to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the heirs property for at least the fair market value of the heirs property. The report must contain all of the following information:

1. A description of the property to be sold to each buyer.

2. The name of each buyer.

3. The proposed purchase price.

4. The terms and conditions of the proposed sale, including the terms of any owner financing.

5. The amounts to be paid to lienholders.

6. A statement of contractual or other arrangements or conditions of the broker's commission.

7. Any other material facts relevant to the sale.
A.R.S. § 12-528 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 528
12-528 Persons under disability
Status: in_force

12-528. Persons under disability

A. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the time limited for bringing such action or making such defense. Such person shall have the same time, after the removal of the disability, which is allowed to others.

B. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends imprisoned, the period of such disability shall exist only until such imprisoned person discovers the right to bring the action or make the defense or with the exercise of reasonable diligence should have discovered the right to bring the action or make the defense, whichever occurs first, and such person shall have the same time after the disability ceases to exist which is allowed to others.
A.R.S. § 12-225 — Arizona Code / Title 12 / Chapter 2 / Article 3 / Section 225
12-225 Appointment of deputies; compensation
Status: in_force

12-225. Appointment of deputies; compensation

A. The court reporter may employ deputies who shall be compensated by him.

B. When the reporter is prevented from performing his duties because of absence on public business, or when more than one judge is holding court at the same time in the county or any division thereof, the reporter may appoint a deputy to perform the services of reporter during the period and at the compensation the judge provides by order. Such compensation shall be a county charge.
A.R.S. § 12-815 — Arizona Code / Title 12 / Chapter 7 / Article 1.1 / Section 815
12-815 Priority of action; evidence; costs
Status: in_force

12-815. Priority of action; evidence; costs

A. An action instituted pursuant to this article shall have precedence over all other cases except criminal actions, election contests, injunctions, habeas corpus proceedings, temporary restraining orders and juvenile proceedings.

B. If the existence of the nuisance is established upon the trial, a judgment shall be entered which shall enjoin the defendant from further maintaining the nuisance at the place complained of and the defendant from maintaining such nuisance elsewhere. Such judgment shall also provide that the defendant reimburse the plaintiff for the plaintiff's expenses in bringing the action, including attorney's fees and court costs.
A.R.S. § 12-1132 — Arizona Code / Title 12 / Chapter 8 / Article 2.1 / Section 1132
12-1132 Burden of proof
Status: in_force

12-1132. Burden of proof

(Caution: 1998 Prop. 105 applies)

A. In all eminent domain actions the judiciary shall comply with the state constitution's mandate that whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

B. In any eminent domain action for the purpose of slum clearance and redevelopment, this state or a political subdivision of this state shall establish by clear and convincing evidence that each parcel is necessary to eliminate a direct threat to public health or safety caused by the property in its current condition, including the removal of structures that are beyond repair or unfit for human habitation or use, or to acquire abandoned property and that no reasonable alternative to condemnation exists.
A.R.S. § 12-531 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 531
12-531 Real estate appraiser liability; four-year limitation; exception; definition
Status: in_force

12-531. Real estate appraiser liability; four-year limitation; exception; definition

A. A person who has a cause of action for damages against a real estate appraiser for malpractice, negligence, an error, a mistake, an omission or a breach in connection with a real estate appraisal or an appraisal-related service, whether based in contract or tort, shall commence the action before the earlier of:

1. The expiration of the applicable statute of limitations for the type of claim that is being pursued if the length of time after the report date to the expiration of the statute of limitations does not exceed four years.  For the purposes of this paragraph, "report date" means the date on which the real estate appraisal giving rise to the action was completed or should have been completed.

2. Four years after the date on which the appraisal-related service giving rise to the action was performed or should have been performed.

B. The statute of limitations prescribed in subsection A of this section does not apply to a claim that alleges that an appraiser knowingly and intentionally committed fraud or knowingly and intentionally made a gross misrepresentation when performing a real estate appraisal or when providing an appraisal-related service.

C.  For the purposes of this section, "real estate appraiser" means any of the following:

1. A state-licensed appraiser.

2. A state-certified residential appraiser.

3. A state-certified general appraiser.

4. A state-registered trainee appraiser.

5. Any agent, employee, employer or firm of a person who is listed in paragraph 1, 2, 3, or 4 of this subsection.
A.R.S. § 12-2301 — Arizona Code / Title 12 / Chapter 13 / Article 8 / Section 2301
12-2301 Definitions
Status: in_force

12-2301. Definitions

In this article, unless the context otherwise requires:

1. "Advance payment" means any money or other thing of value voluntarily paid or provided before trial, as compensation or reimbursement for damages, to or for the benefit of any person having or asserting a claim for damages for personal injuries or for wrongful death or for damage or destruction of property against the person by whom or on whose behalf such payment is made.

2. "Defendant" means any party defending against a claim asserted against him by another party to an action.

3. "Plaintiff" means any party asserting a claim for damages against another party to an action.
A.R.S. § 12-116.08 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.08
12-116.08 Penalty assessment; victims' rights; fund deposits
Status: in_force

12-116.08. Penalty assessment; victims' rights; fund deposits

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

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

C. The city, town or county treasurer shall transmit the assessments and the remittance report to the state treasurer.  The state treasurer shall deposit 62.4 percent of the assessments in the victims' rights fund established by section 41-191.08 and the remaining 37.6 percent of the assessments in the victim compensation and assistance fund established by section 41-2407.
A.R.S. § 12-3010 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3010
12-3010 Consolidation of separate arbitration proceedings
Status: in_force

12-3010. Consolidation of separate arbitration proceedings

A. Except as otherwise provided in subsection C, on motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following apply:

1. There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person.

2. The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions.

3. The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings.

4. Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

B. The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

C. The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
A.R.S. § 12-284.01 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 284.01
12-284.01 Document and digital evidence storage and retrieval conversion fund; purposes
Status: in_force

12-284.01. Document and digital evidence storage and retrieval conversion fund; purposes

A. The document and digital evidence storage and retrieval conversion fund for the clerk of the superior court is established consisting of monies received pursuant to subsection C of this section.

B. The clerk of the superior court shall administer the fund. The clerk, in coordination with the presiding judge, shall expend monies in the fund subject to approval by the county board of supervisors for the following purposes:

1. To defray the cost of maintaining the clerk's document storage and retrieval system and to convert to micrographics or computer automation.

2. To manage and store digital evidence and to facilitate the display of evidence to the jury and court at a trial and related proceedings.

C. In addition to the filing or appearance fee charged pursuant to chapter 3, article 2 of this title or section 12-1705, the presiding judge of the superior court may assess each person required to pay a filing or appearance fee under such article or sections an additional fee of not more than $15. All monies received from the additional fee pursuant to this subsection shall be transmitted to the county treasurer and placed in the document and digital evidence storage and retrieval conversion fund for the clerk of the superior court.

D. The clerk shall annually submit to the presiding judge the amount of projected revenues to be raised for the document and digital evidence storage and retrieval conversion fund pursuant to this section. If projected revenues of the fund are deemed insufficient to pay for conversion costs, fund monies may accumulate until sufficient monies are available in the fund.
A.R.S. § 12-530 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 530
12-530 Home inspector liability; four year limitation
Status: in_force

12-530. Home inspector liability; four year limitation

A homeowner who has a cause of action for damages against a home inspector who is certified pursuant to title 32, chapter 1 shall commence the action within four years after the cause of action accrues.
A.R.S. § 12-203 — Arizona Code / Title 12 / Chapter 2 / Article 1 / Section 203
12-203 Salary of clerk and deputy; administrative director
Status: in_force

12-203. Salary of clerk and deputy; administrative director

The clerk of the supreme court, the deputy clerk and the administrative director of the supreme court shall receive compensation as determined pursuant to section 38-611.
A.R.S. § 12-651 — Arizona Code / Title 12 / Chapter 6 / Article 6 / Section 651
12-651 Uniform single publication act
Status: in_force

12-651. Uniform single publication act

A. No person shall have more than one cause of action for damages for libel, slander, invasion of privacy or any other tort founded upon a single publication, exhibition or utterance, such as any one edition of a newspaper, book or magazine, any one presentation to an audience, any one broadcast over radio or television or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.

B. A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication, exhibition or utterance as described in subsection A shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication, exhibition or utterance.

C. This section shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it.

D. This section may be cited as the uniform single publication act.

E. This section shall not be retroactive as to causes of action existing on July 1, 1953.
A.R.S. § 12-592 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 592
12-592 Exemption of benefits
Status: in_force

12-592. Exemption of benefits

Periodic installments for future damages for loss of earnings or loss of support for beneficiaries of a judgment entered in a wrongful death action are exempt from garnishment, attachment, execution and any other process or claim to the extent wages or earnings are exempt under any applicable law. Periodic installments for all other future damages are exempt under garnishment, attachment, execution and any other process or claim except to the extent they may be assigned pursuant to section 12-591.
A.R.S. § 12-903 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 903
12-903 Power of supreme court to make procedural rules
Status: in_force

12-903. Power of supreme court to make procedural rules

The supreme court may make rules of pleading, practice and procedure supplementary to but not inconsistent with the provisions of this article, and to amend such rules, for the purpose of making this article effective for the convenient administration of justice, and simplifying procedure so far as it affects judicial review of administrative decisions.
A.R.S. § 12-1287 — Arizona Code / Title 12 / Chapter 8 / Article 11 / Section 1287
12-1287 Delivery and service of papers by redeeming creditor
Status: in_force

12-1287. Delivery and service of papers by redeeming creditor

A. A redeeming creditor shall deliver to the officer or person from whom he seeks to redeem and serve with his notice to the sheriff:

1. A copy of the docket of the judgment under which he claims the right to redeem, certified by the clerk of the court where the judgment is docketed, or if he redeems a mortgage or other lien, a copy of the record thereof, certified by the recorder.

2. A copy of any assignment necessary to establish his claim verified by the affidavit of himself or a subscribing witness thereto.

3. An affidavit showing the amount actually due on the lien.

B. Service of the papers specified in subsection A shall be made upon the party from whom the redemption is sought as service of summons is made in civil actions.
A.R.S. § 12-1577 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1577
12-1577 Service of writ on branch of financial institution
Status: in_force

12-1577. Service of writ on branch of financial institution

A. Monies owing to a judgment debtor by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, maintaining branch offices, or credits or other effects belonging to a judgment debtor and in the possession of or under the control of the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, may be levied on by serving a copy of the writ of garnishment on the manager or other officer of the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, at any office or branch where service is made. No garnishment shall be effective as to any debt owing by the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company, if the account evidencing the indebtedness is carried at an office or branch other than the office or branch named in the writ and at which service is made or as to any credits or other effects in its possession or under its control at any other office or branch, unless the service of the writ is accompanied by a cash tender of $25 to the garnishee as costs for the search.  On the payment of the search fee the writ shall be effective as to any debt owing by the banking corporation or association, savings bank, savings and loan association, credit union, trust company or title insurance company.

B. Notwithstanding subsection A of this section, service of a writ of garnishment on any banking corporation or association, savings bank, savings and loan association or credit union may also be made by certified mail, return receipt requested, at the garnishee's regular place of business, or to the garnishee's statutory agent or at a location that is designated by the garnishee.  If served by certified mail, the effective date of service is the date of receipt by the garnishee or the garnishee's statutory agent.
A.R.S. § 12-1834 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1834
12-1834 Personal representatives, etc.; declaration of rights
Status: in_force

12-1834. Personal representatives, etc.; declaration of rights

Any person interested as or through a personal representative, administrator, trustee, guardian, conservator or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, ward, or insolvent, may have a declaration of rights or legal relations in respect to any of the following:

1. To ascertain any class of creditors, devisees, heirs or others; or

2. To direct the personal representatives, administrators, trustees, guardians or conservators to do or abstain from doing any particular act in their fiduciary capacity; or

3. To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
A.R.S. § 12-2102 — Arizona Code / Title 12 / Chapter 12 / Article 1 / Section 2102
12-2102 Scope of review by supreme court upon appeal from final judgment
Status: in_force

12-2102. Scope of review by supreme court upon appeal from final judgment

A. Upon an appeal from a final judgment, the supreme court shall review any intermediate orders involving the merits of the action and necessarily affecting the judgment, and all orders and rulings assigned as error, whether a motion for a new trial was made or not.

B. If a motion for new trial was denied, the court may, on appeal from the final judgment, review the order denying the motion although no appeal is taken from the order.

C. On an appeal from a final judgment the supreme court shall not consider the sufficiency of the evidence to sustain the verdict or judgment in an action tried before a jury unless a motion for a new trial was made.
A.R.S. § 12-287 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 287
12-287 Clerk of the superior court victim location fund; exemption from lapsing
Status: in_force

12-287. Clerk of the superior court victim location fund; exemption from lapsing

A. The board of supervisors may establish a clerk of the superior court victim location fund in the county treasury consisting of monies that are distributed pursuant to section 12-286, subsection E. The clerk of the superior court in cooperation with the board of supervisors shall administer the fund.

B. The clerk of the superior court shall use monies in the fund to either:

1. Locate victims of crime whose restitution monies are being held by the clerk of the superior court.

2. Notify the county treasurer in writing to transfer monies from the fund to the county attorney victim compensation fund.

C. The clerk of the superior court shall annually submit to the board of supervisors the fund balance and the amount of revenues that the clerk projects will be available in the fund for the next fiscal year.

D. Monies in the fund shall be used to supplement, not supplant, monies that would otherwise be allocated to the clerk for the purpose of locating victims of crime.

E. Any monies in the fund remaining unexpended and unencumbered at the end of the fiscal year do not revert to the county general fund.
A.R.S. § 12-120.24 — Arizona Code / Title 12 / Chapter 1 / Article 1.2 / Section 120.24
12-120.24 Rehearing review by supreme court; issuance of mandate
Status: in_force

12-120.24. Rehearing review by supreme court; issuance of mandate

A party against whom a decision has been rendered or against whom a motion for dismissal of the action has been granted in the court of appeals may file in such court a motion for rehearing after the rendition of the decision or order of dismissal, setting forth with particularity the reasons why he believes the decision or order of dismissal erroneous. The opposite party may file his response to such motion. If the motion is denied, and the party against whom the decision or order has been rendered desires a further review by the supreme court, he shall serve upon the opposite party and file with the clerk of the division a statement that he desires such review. The clerk of the division shall thereupon transmit the record in the case to the clerk of the supreme court. The supreme court shall either grant or deny the request for review. No further briefs or oral argument shall be filed or had unless the supreme court so directs. If no request for review by the supreme court has been filed, or upon the receipt from the clerk of the supreme court of notification that the request for review has been denied, the clerk of the division shall, if the matter has been decided by formal opinion, issue the mandate of the court of appeals, if no written formal opinion has been rendered then by certified copy of the order of the court.
A.R.S. § 12-571 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 571
12-571 Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
Status: in_force

12-571. Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses

A. A health professional as defined in section 32-3201 or a health professional who meets the requirements of section 32-3217 and who provides medical, optometric or dental treatment, care or screening within the scope of the health professional's certificate or license at a nonprofit clinic where neither the professional nor the nonprofit clinic receives compensation for any treatment, care or screening provided at the nonprofit clinic is not liable in a medical malpractice action, unless the health professional was grossly negligent. For the purposes of this subsection, "nonprofit clinic" includes a clinic, an office, a homeless or other shelter, a health or screening fair or any other setting where treatment, care or screening is provided at no cost to the patient.

B. A health professional who, within the professional's scope of practice, provides previously owned prescription eyeglasses free of charge through a charitable, nonprofit or fraternal organization is not liable for an injury to the recipient if the recipient or the recipient's parent or legal guardian has signed a medical malpractice release form and the injury is not a direct result of the health professional's intentional misconduct or gross negligence. For the purposes of this subsection, "medical malpractice release form" means a document that the recipient or the recipient's parent or legal guardian signs before the recipient receives eyeglasses pursuant to this subsection to acknowledge that the eyeglasses were not made specifically for the recipient and to accept full responsibility for the recipient's eye safety.
A.R.S. § 12-761 — Arizona Code / Title 12 / Chapter 6 / Article 16 / Section 761
12-761 Right of publicity; unauthorized use of the name, portrait or picture of a soldier; exceptions; definition
Status: in_force

12-761. Right of publicity; unauthorized use of the name, portrait or picture of a soldier; exceptions; definition

A. The right to control and to choose whether and how to use a soldier's name, portrait or picture for commercial purposes is recognized as each soldier's right of publicity.

B. A person is liable for using the name, portrait or picture of any soldier without having obtained prior consent to the use by the soldier or by the soldier's spouse, immediate family member, trustee if the soldier is a minor or legally designated representative if the person uses the name, portrait or picture for any of the following purposes:

1. Advertising for the sale of any goods, wares or merchandise.

2. Soliciting patronage for any business.

3. Receiving consideration for the sale of any goods, wares or merchandise.

C. A person who uses the name, portrait or picture of a soldier for a prohibited purpose without prior consent from the soldier or a person who may enforce the soldier's rights and remedies is subject to the following:

1. Injunctive relief to prevent or restrain the unauthorized use.

2. Treble damages.

3. Punitive or exemplary damages.

4. Attorney fees and costs.

D. In calculating damages, any profits from the unauthorized use that are attributable to that use shall be taken into account.

E. The rights and remedies provided in this section supplement any other rights and remedies provided by law, including the common law right of privacy.

F. Any claim for relief that is requested pursuant to this section shall be brought within five years after the unauthorized publication.

G. The right of publicity is a property right that survives a soldier's death.  On the soldier's death, only the following individuals may enforce the soldier's rights and remedies in the following order:

1. The soldier's legally designated representative.

2. The soldier's spouse.

3. The soldier's parents.

4. The soldier's children.

5. The soldier's grandchildren.

H. This section does not apply to the following:

1. The use of a soldier's name, portrait or picture in an attempt to portray, describe or impersonate that soldier in a live performance, a single and original work of fine art, a play, book, article, musical work or film or on radio, television or other audio or audiovisual work if the performance, musical work, play, book, article or film does not itself constitute a commercial advertisement for any goods, wares or merchandise.

2. The use of a soldier's name, portrait or picture for noncommercial purposes, including any news, public affairs or sports broadcast or account.

3. The use of a soldier's name in truthfully identifying the soldier as the author of a particular work or program or as the performer in a particular performance.

4. Any promotional materials, advertisements or commercial announcements for a use described in paragraph 1, 2 or 3 of this subsection.

5. The use of photographs, video recordings and images by a person, firm or corporation practicing the profession of photography to exhibit, in or about the professional photographer's place of business or portfolio, specimens of the professional photographer's work, unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by the portrayed soldier or a person who may enforce the soldier's rights and remedies.

6. A soldier's picture or portrait that is not facially identifiable.

7. A photograph of a monument or a memorial that is placed on any goods, wares or merchandise.

I. For the purposes of this section, "soldier" means any active duty member or former member of the armed forces of the United States, including any member who was killed in the line of duty.
A.R.S. § 12-231 — Arizona Code / Title 12 / Chapter 2 / Article 4 / Section 231
12-231 Appointment and duties
Status: in_force

12-231. Appointment and duties

Each judge of the superior court may appoint such bailiffs as necessary to insure orderly transaction of the business of the court. The appointing judge shall prescribe the duties of the bailiff.
A.R.S. § 12-3016 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3016
12-3016 Representation by lawyer
Status: in_force

12-3016. Representation by lawyer

A party to an arbitration proceeding may be represented by a lawyer.
A.R.S. § 12-1314 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1314
12-1314 Execution issuable for delivery of property; procedure
Status: in_force

12-1314. Execution issuable for delivery of property; procedure

A. An execution may issue for the delivery of personal property to the sheriff or any constable of the county where the property is located and shall require him to deliver possession of the property, sufficiently describing it, to the party entitled thereto.

B. The execution shall be governed by the rules governing execution in ordinary cases so far as they are applicable.
A.R.S. § 12-263 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 263
12-263 Approval and revocation of plans
Status: in_force

12-263. Approval and revocation of plans

The supreme court shall have the authority to reject any plan submitted pursuant to section 12-262. Upon approval of a plan submitted, the supreme court shall enter into a funding agreement with the county and shall make payments to the county as necessary to carry out the agreement.
A.R.S. § 12-111 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 111
12-111 Statutes as rules of court
Status: in_force

12-111. Statutes as rules of court

All statutes relating to pleading, practice and procedure shall be deemed rules of court and shall remain in effect as such until modified or suspended by rules promulgated by the supreme court.
A.R.S. § 12-1138 — Arizona Code / Title 12 / Chapter 8 / Article 2.1 / Section 1138
12-1138 Severability
Status: in_force

12-1138. Severability

(Caution: 1998 Prop. 105 applies)

If any provision of this act or its application to any person or circumstance is held invalid that invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
A.R.S. § 12-2264 — Arizona Code / Title 12 / Chapter 13 / Article 6 / Section 2264
12-2264 Evidentiary value of birth and death certificates
Status: in_force

12-2264. Evidentiary value of birth and death certificates

A birth, death or fetal death certificate is prima facie evidence of the facts therein stated, but if an alleged father of a child is not the husband of the mother, the certificate shall not be prima facie evidence of paternity if that fact is controverted by the alleged father.
A.R.S. § 12-1134 — Arizona Code / Title 12 / Chapter 8 / Article 2.1 / Section 1134
12-1134 Diminution in value; just compensation
Status: in_force

12-1134. Diminution in value; just compensation

(Caution: 1998 Prop. 105 applies)

A. If the existing rights to use, divide, sell or possess private real property are reduced by the enactment or applicability of any land use law enacted after the date the property is transferred to the owner and such action reduces the fair market value of the property the owner is entitled to just compensation from this state or the political subdivision of this state that enacted the land use law.

B. This section does not apply to land use laws that:

1. Limit or prohibit a use or division of real property for the protection of the public's health and safety, including rules and regulations relating to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, and pollution control;

2. Limit or prohibit the use or division of real property commonly and historically recognized as a public nuisance under common law;

3. Are required by federal law;

4. Limit or prohibit the use or division of a property for the purpose of housing sex offenders, selling illegal drugs, liquor control, or pornography, obscenity, nude or topless dancing, and other adult oriented businesses if the land use laws are consistent with the constitutions of this state and the United States;

5. Establish locations for utility facilities;

6. Do not directly regulate an owner's land; or

7. Were enacted before the effective date of this section.

C. This state or the political subdivision of this state that enacted the land use law has the burden of demonstrating that the land use law is exempt pursuant to subsection B.

D. The owner shall not be required to first submit a land use application to remove, modify, vary or otherwise alter the application of the land use law to the owner's property as a prerequisite to demanding or receiving just compensation pursuant to this section.

E. If a land use law continues to apply to private real property more than ninety days after the owner of the property makes a written demand in a specific amount for just compensation to this state or the political subdivision of this state that enacted the land use law, the owner has a cause of action for just compensation in a court in the county in which the property is located, unless this state or political subdivision of this state and the owner reach an agreement on the amount of just compensation to be paid, or unless this state or political subdivision of this state amends, repeals, or issues to the landowner a binding waiver of enforcement of the land use law on the owner's specific parcel.

F. Any demand for landowner relief or any waiver that is granted in lieu of compensation runs with the land.

G. An action for just compensation based on diminution in value must be made or forever barred within three years of the effective date of the land use law, or of the first date the reduction of the existing rights to use, divide, sell or possess property applies to the owner's parcel, whichever is later.

H. The remedy created by this section is in addition to any other remedy that is provided by the laws and constitution of this state or the United States and is not intended to modify or replace any other remedy.

I. Nothing in this section prohibits this state or any political subdivision of this state from reaching an agreement with a private property owner to waive a claim for diminution in value regarding any proposed action by this state or a political subdivision of this state or action requested by the property owner.
A.R.S. § 12-1532 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1532
12-1532 Levy of attachment as lien on property; satisfaction of lien
Status: in_force

12-1532. Levy of attachment as lien on property; satisfaction of lien

A. The levy of the writ of attachment upon any property of defendant subject thereto is a lien from the date of the levy on the real property and on such personal property as remains in the custody of the attaching officer and on the proceeds of such personal property as is sold.

B. If plaintiff is given judgment, the court shall in the judgment order the proceeds of the personal property, if sold, to be applied to satisfaction of the judgment, and order the sale of the personal property remaining in the custody of the officer and of the real property levied on to satisfy the judgment, and the clerk of the court or justice of the peace shall issue special execution therefor.
A.R.S. § 12-555 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 555
12-555 Uninsured and underinsured motorist coverage; claims; time limits
Status: in_force

12-555. Uninsured and underinsured motorist coverage; claims; time limits

A. An insurer is not liable for uninsured motorist coverage benefits unless the person making the claim gives written notice to the insurer of the person's intent to pursue the claim against the uninsured motorist portion of a motor vehicle policy within three years after the date of the accident that caused the bodily injury, except that a person may make an uninsured motorist claim within three years after the earliest of the following:

1. The date the person knew that the tortfeasor was uninsured.

2. The date the person knows or should have known that coverage was denied by the tortfeasor's insurer.

3. The date the person knows or should have known of the insolvency of the tortfeasor's insurer.

B. An insurer is not liable for underinsured motorist coverage benefits unless the person making the claim gives written notice to the insurer of the person's intent to pursue the claim against the underinsured motorist portion of a motor vehicle policy within three years after the date of the accident that caused the bodily injury and the person has made a claim with the tortfeasor's insurer or filed an action against the tortfeasor within the time limits prescribed by section 12-542 or within the corresponding limitation period provided under the law of the location where the accident occurred.  Notwithstanding this subsection, a person may make an underinsured motorist claim within three years after the date the person knows or should have known that the tortfeasor has insufficient liability insurance to cover the person's injuries.

C. If settlement of an uninsured or underinsured motorist claim is not reached:

1. The insurer shall provide written notice to the person at the last known address on record with the insurer by first class mail, within two years after receiving the written notice prescribed in subsection A or B of this section, that the person must request arbitration or file suit pursuant to the terms of the insurance contract within three years after providing the written notice prescribed in subsection A or B of this section or the insurer is not liable for uninsured motorist coverage benefits or underinsured motorist coverage benefits.

2. A person shall request arbitration or file suit pursuant to the terms of the insurance contract within three years after providing the written notice prescribed in subsection A or B of this section. If the person does not comply with this paragraph, the insurer is not liable for uninsured motorist coverage benefits or underinsured motorist coverage benefits.

D. An insurer shall bring an action for subrogation and reimbursement pursuant to section 20-259.01 within two years after the date the insurer first makes payment to the insured under the uninsured motorist coverage.
A.R.S. § 12-1835 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1835
12-1835 Enumeration not exclusive
Status: in_force

12-1835. Enumeration not exclusive

The enumeration in sections 12-1832, 12-1833 and 12-1834 does not limit or restrict the exercise of the general powers conferred in section 12-1831, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
A.R.S. § 12-116 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116
12-116 Time payment fee
Status: in_force

12-116. Time payment fee

A. In addition to any other assessment authorized by law, a fee of $20 shall be assessed on each person who pays a court ordered penalty, fine or sanction on a time payment basis, including parking penalties and restitution.  The fee may not be assessed on a penalty, fine or sanction that is ordered by the court pursuant to title 8. A time payment basis shall be any penalty, fine or sanction not paid in full on the date the court imposed the fine, penalty or sanction. Notwithstanding any other law, the time payment fee shall be collected first after restitution. A judge may not waive or suspend a time payment fee.

B. $11 of the time payment fee shall be deposited, pursuant to sections 35-146 and 35-147, in the judicial collection enhancement fund established by section 12-113. $2 of the time payment fee shall be deposited, pursuant to sections 35-146 and 35-147, in the judicial collection enhancement fund and shall be allocated by the supreme court to the public defender training fund established by section 12-117. $7 of the time payment fee shall be kept by the court imposing the fee to be used by the court to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve court automation and to improve case processing or the administration of justice. For amounts over an amount determined by the supreme court, the court shall submit a plan to the supreme court that must be approved by the supreme court before the court spends such monies. If the proposed project was described in the information technology strategic plan submitted by the court and approved by the supreme court, including the proposed budget for the project, the project may proceed without further approval of the supreme court.  In the case of the superior court, the presiding judge and clerk of the superior court must agree on the project or it shall be submitted to and approved by the supreme court.
A.R.S. § 12-2261 — Arizona Code / Title 12 / Chapter 13 / Article 6 / Section 2261
12-2261 Instruments which may be acknowledged; receipt of acknowledged instruments in evidence
Status: in_force

12-2261. Instruments which may be acknowledged; receipt of acknowledged instruments in evidence

Every written instrument, except promissory notes, bills of exchange, and the last wills of deceased persons, may be acknowledged as deeds are required to be acknowledged, and when so acknowledged shall be received in evidence without further proof of execution.
A.R.S. § 12-719 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 719
12-719 Civil liability; wrongful birth or life claims; applicability
Status: in_force

12-719. Civil liability; wrongful birth or life claims; applicability

A. A person is not liable for damages in any civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child or children would not or should not have been born.

B. A person is not liable for damages in any civil action for wrongful life based on a claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born.

C. This section applies to any claim regardless of whether the child is born healthy or with a birth defect or other adverse medical condition.

D. This section does not apply to any civil action for damages for an intentional or grossly negligent act or omission, including an act or omission that violates a criminal law.
A.R.S. § 12-2030 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2030
12-2030 Mandamus action; award of fees and other expenses against the state or political subdivision; definition
Status: in_force

12-2030. Mandamus action; award of fees and other expenses against the state or political subdivision; definition

A. A court shall award fees and other expenses to any party other than this state or any political subdivision of this state which prevails by an adjudication on the merits in a civil action brought by the party against the state, any political subdivision of this state or an intervenor to compel a state officer or any officer of any political subdivision of this state to perform an act imposed by law as a duty on the officer.

B. As used in this section, "fees and other expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, report, test or project found by the court to be necessary for preparation of the party's case, and reasonable and necessary attorney fees.
A.R.S. § 12-1804 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1804
12-1804 Notice of hearing on injunction; service upon adverse party
Status: in_force

12-1804. Notice of hearing on injunction; service upon adverse party

The notice, together with a copy of the complaint or affidavits upon which the application is based, shall be served upon the parties sought to be enjoined.
A.R.S. § 12-562 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 562
12-562 Medical malpractice actions; grounds
Status: in_force

12-562. Medical malpractice actions; grounds

A. A medical malpractice action shall not be brought against a licensed health care provider except upon the grounds set forth in section 12-561.

B. A medical malpractice action brought against a licensed health care provider shall not be based upon assault and battery.

C. A medical malpractice action based upon breach of contract for professional services shall not be brought unless such contract is in writing.

D. A medical malpractice action brought against a physician licensed pursuant to title 32, chapter 13 or 17, a podiatrist licensed pursuant to title 32, chapter 7, a registered nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25 regarding services provided within that person's scope of practice shall not be based on the neglect, abuse or exploitation of a vulnerable adult, except as provided in section 46-455.
A.R.S. § 12-692 — Arizona Code / Title 12 / Chapter 6 / Article 10 / Section 692
12-692 Shoplifting by unemancipated minor; liability of parent or guardian; foster parents
Status: in_force

12-692. Shoplifting by unemancipated minor; liability of parent or guardian; foster parents

A. The parents or legal guardians having custody or control of an unemancipated minor who commits shoplifting as defined by section 13-1805 are civilly liable to the owner of the obtained goods for all of the following:

1. A penalty in the amount of the retail value of the obtained goods.

2. An additional penalty of not less than one hundred dollars nor more than one hundred dollars plus the actual damages to the owner.

B. Foster parents are not liable under subsection A of this section for the acts of children placed with them pursuant to title 8, chapter 4, article 4 or 5.
A.R.S. § 12-1598.10 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.10
12-1598.10 Continuing lien on earnings; order
Status: in_force

12-1598.10. Continuing lien on earnings; order

(L21, Ch. 306, sec. 8)

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

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

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

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

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

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

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

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

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

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

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

3. The judgment creditor releases the garnishment.

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

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

6. The court orders that the garnishment be quashed.

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

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

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

H. The court, sitting without a jury, shall decide all issues of fact and law.
A.R.S. § 12-2302 — Arizona Code / Title 12 / Chapter 13 / Article 8 / Section 2302
12-2302 Admissibility of evidence of advance payment
Status: in_force

12-2302. Admissibility of evidence of advance payment

A. During trial of any action brought for damages for personal injuries or for wrongful death or for damage or destruction of property, evidence of an advance payment made by a defendant or any person acting on behalf of a defendant to or for the benefit of any person having or asserting a claim for such damages against such defendant, arising from the same event or occurrence out of which the claim, which is the subject of such action arose, shall not be received in evidence.

B. If judgment is entered against a defendant by whom or on whose behalf an advance payment has been made and in favor of a plaintiff to whom or for whose benefit an advance payment has been made, such defendant shall be entitled to a reduction of the amount of damages awarded to such plaintiff equal to the amount or value of such advance payments as may be found by the court to have been made. However, in no event shall a person who has made such advance payments be entitled to reimbursement for amount paid in excess of the damages awarded to such plaintiff or in the event such plaintiff fails to recover judgment in his favor.

C. An advance payment shall not operate to toll or extend the period of limitation otherwise applicable to any such action.
A.R.S. § 12-401 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 401
12-401 Venue
Status: in_force

12-401. Venue

No person shall be sued out of the county in which such person resides, except:

1. When a defendant or all of several defendants reside without the state or their residence is unknown, the action may be brought in the county in which the plaintiff resides.

2. A married person may be sued in the county in which such person's spouse resides unless such spouse is living separate and apart from the defendant.

3. Transient persons may be sued in any county in which found.

4. Persons who have contracted a debt or obligation in one county and thereafter remove to another county may be sued in either county.

5. Persons who have contracted in writing to perform an obligation in one county may be sued in such county or where they reside.

6. Persons who have contracted a debt or obligation without the state may be sued in any county in which found.

7. When there are several defendants residing in different counties, action may be brought in the county in which any of the defendants reside.

8. Actions against personal representatives, administrators, guardians and conservators as such, to establish a money demand against the estate represented by them, shall be brought in the county in which the estate is being administered.

9. In cases of fraud and defalcation of public officers action may be brought in the county in which the fraud was committed or the defalcation occurred, or in which the defendant or any of several defendants reside or may be found.

10. When the foundation of the action is a crime, offense or trespass for which an action in damages may lie, the action may be brought in the county in which the crime, offense or trespass was committed or in the county in which the defendant or any of the several defendants reside or may be found, but any action for damages against the editor, proprietor or publisher of a newspaper or periodical published in the state for publication of an alleged libelous statement shall be brought in the county in which the principal publication office of the newspaper or periodical is located or in the county where the plaintiff resided at the time of publication of such statement.

11. Actions for the recovery of personal property may be brought in the county in which the property may be or in which the defendant or any of several defendants may be found.

12. Actions for the recovery of real property, for damages thereto, for rents, profits, use and occupation thereof, for partition thereof, to quiet title thereto, to remove a cloud or incumbrance on the title thereto, to foreclose mortgages and other liens thereon, to prevent or stay waste or injuries thereto, and all other actions concerning real property, shall be brought in the county in which the real property or a part thereof is located.

13. Actions for dissolution of marriage or legal separation shall be brought in the county in which a petitioner is residing at the time the action is filed.

14. Actions to enjoin execution of judgments or to stay proceedings in any action shall be brought in the county in which the judgment was rendered or the action is pending.

15. Actions against counties shall be brought in the county sued unless several counties are defendants, when it may be brought in any one of the counties.

16. Actions against public officers shall be brought in the county in which the officer, or one of several officers, holds office.

17. Actions on behalf of the state shall be brought in the county in which the seat of government is located.

18. Actions against railroad companies, insurance companies, telegraph or telephone companies, joint stock companies and other corporations may be brought in any county in which the cause of action, or a part thereof, arose, or in the county in which defendant has an agent or representative, owns property or conducts any business.

19. Where part of a river, watercourse, highway, road or street is the boundary line between two counties, the courts of each of the counties shall have concurrent jurisdiction in actions over such parts of the river, watercourse, highway, road or street.
A.R.S. § 12-202 — Arizona Code / Title 12 / Chapter 2 / Article 1 / Section 202
12-202 Duties; record of proceedings; certified copies
Status: in_force

12-202. Duties; record of proceedings; certified copies

A. The clerk shall:

1. Attend sessions of the court.

2. Issue writs and processes of the court.

3. Enter, under the direction of the court, all orders, judgments and decrees required to be entered, the title of each action, the date of filing it in the supreme court, and a memorandum of all subsequent proceedings, with the date and the fees charged.

4. Keep such other records and perform such other duties as required by law or the court.

B. The record of the proceedings of the court shall be read, corrected and signed by the chief justice.

C. The clerk shall furnish a certified copy of any record or proceeding of the court on receiving the fee therefor, except no fee shall be required from state or other public officers whose duties require such certified copy.
A.R.S. § 12-1149 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1149
12-1149 Hearing by special master
Status: in_force

12-1149. Hearing by special master

A. After notice by mailing and posting has been given as provided by section 12-1148, the special master, on the date for hearing specified in the notice, shall proceed immediately to hear and determine the question of just compensation for the taking and condemnation of the property and the persons entitled to the compensation.

B. The special master may issue subpoenas, administer oaths to witnesses, receive evidence and have it recorded.
A.R.S. § 12-1539 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1539
12-1539 Veterans disability benefits; exemption from seizure
Status: in_force

12-1539. Veterans disability benefits; exemption from seizure

A. Notwithstanding section 12-1521, federal disability benefits awarded to veterans for service-connected disabilities pursuant to 38 United States Code chapter 11:

1. Are exempt from the claim of creditors.

2. Are not subject to attachment, levy or seizure under any legal or equitable process, as provided by federal law.

3. May not be awarded to any other person.

B. This section does not apply to that portion of service-connected disability benefits that is subject to child and spousal support enforcement under 42 United States Code section 659(h)(1)(A)(ii)(V).
A.R.S. § 12-569 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 569
12-569 Non-admissibility of certain types of evidence relating to professional liability insurance
Status: in_force

12-569. Non-admissibility of certain types of evidence relating to professional liability insurance

During the trial of a medical malpractice action against a licensed health care provider or during the course of any hearing or review conducted pursuant to section 12-567, evidence that any party or that any witness testifying in such trial, hearing, or review proceeding has been or is covered by a professional liability insurance policy issued by a health care insurer established pursuant to title 20, chapter 7, article 2 or that such party or witness has a financial interest in the operation of such a health care insurer arising as a result of the ownership of stock, a policy or policies of insurance, notes, including contributed surplus notes, any other evidence of indebtedness, or otherwise, shall not be received in evidence for any purpose.
A.R.S. § 12-588 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 588
12-588 Form of funding
Status: in_force

12-588. Form of funding

A. Funding authorized or required for payment of a judgment for periodic installments shall be approved by the court as sufficient to guarantee financial solvency and be in one or more of the following forms:

1. An annuity contract issued by one or more qualified insurers.

2. An agreement by one or more qualified insurers to fund the judgment.

3. Any other form of funding which the court approves and to which the claimant consents.

B. Funding under this section qualifies as a required supersedeas bond.

C. In the event of a qualified assignment under section 130 of the internal revenue code of 1986, as amended, the qualified assignee and any qualified insurer shall be jointly and severally liable but the qualified insurer's obligation shall be the primary obligation.
A.R.S. § 12-1580 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1580
12-1580 Objection to garnishment or answer; hearing
Status: in_force

12-1580. Objection to garnishment or answer; hearing

A. A party who has an objection to the writ of garnishment, the answer of the garnishee or the amount held by the garnishee or a party claiming an exemption from garnishment, not later than ten days after the receipt of the answer, may file a written objection and request for hearing. Copies of the objection shall be delivered to all parties to the writ at the time of filing the request for hearing form.

B. The hearing on an objection to the writ, answer or amount on a claim of exemption shall be commenced within five days after the request, not including weekends and holidays, but may be continued for good cause on terms the court deems appropriate after due consideration of the importance of the judgment debtor's rights and the need for a speedy determination. Good cause includes a situation in which the objection raised at the hearing is different from that set forth in the request for hearing. The hearing shall not be held later than ten days from the date of the request unless the request for a continuance is made by the judgment debtor.

C. A party requesting a hearing pursuant to this section is required to state the grounds for his objection in writing, but the objecting party is not limited to those written objections at the hearing conducted pursuant to this section.

D. The court shall notify the parties of the date and time of the hearing at least two days, not including weekends and holidays, before the date of the hearing.

E. The prevailing party may be awarded costs and attorney fees in a reasonable amount determined by the court. The award of attorney fees that are incurred due to the objection shall not be assessed against nor is it chargeable to the judgment debtor, unless the judgment debtor is found to have objected to the writ solely for the purpose of delay or to harass the judgment creditor.
A.R.S. § 12-550 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 550
12-550 General limitation
Status: in_force

12-550. General limitation

Actions other than for recovery of real property for which no limitation is otherwise prescribed shall be brought within four years after the cause of action accrues, and not afterward.
A.R.S. § 12-1517 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1517
12-1517 Limited effect of article
Status: in_force

12-1517. Limited effect of article

This article shall have no application to arbitration agreements between employers and employees or their respective representatives.
A.R.S. § 12-342 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 342
12-342 Costs on appeal
Status: in_force

12-342. Costs on appeal

A. On an appeal by the party against whom judgment was given in the court below, if the judgment of the appellate court is against him, but for a lesser amount, he shall recover costs in the appellate court, but shall be adjudged to pay costs in the court below. If the judgment of the appellate court is against him for the same or a greater amount than in the court below, the adverse party shall recover costs in both courts.

B. On an appeal by the party in whose favor judgment was given in the court below, if the judgment of the appellate court is in his favor for a greater amount, he shall recover costs in both courts. If judgment of the appellate court is in his favor but for the same or less amount than in the court below, he shall recover costs in the court below and pay costs in the court above.
A.R.S. § 12-126 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 126
12-126 Seal; affixing of seal
Status: in_force

12-126. Seal; affixing of seal

A. The superior court shall have a seal which shall be the vignette of Abraham Lincoln with the words "seal of the superior court of the state of Arizona in and for the county of ____________" surrounding the vignette. The seal shall be kept by the clerk of the court.

B. The seal of the superior court need not be affixed to any proceedings in the court except a summons or writ, the proof of a will, the appointment of an executor, administrator or guardian, or the authentication of a copy of a record or proceedings of the court or its officers for the purpose of record or evidence in another court or place.

C. The seal may be affixed by impressing it on the paper or on a substance attached to the paper, and capable of receiving the impression.
A.R.S. § 12-2408 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2408
12-2408 Default
Status: in_force

12-2408. Default

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

B. If the action is pending in superior court, the clerk upon entry of default shall immediately deliver the court file to the judge to whom the matter is assigned.

C. If the action is pending in justice court, the clerk shall upon entry of default immediately deliver the court file to the justice of the peace.
A.R.S. § 12-2105 — Arizona Code / Title 12 / Chapter 12 / Article 1 / Section 2105
12-2105 Extent of judgment against surety on bond for costs on appeal or supersedeas bond; direction when money deposited in lieu of bond
Status: in_force

12-2105. Extent of judgment against surety on bond for costs on appeal or supersedeas bond; direction when money deposited in lieu of bond

A. When the supreme court affirms the judgment or order appealed from, it shall give judgment against appellant and the surety upon the bond for costs on appeal for costs of the supreme court and the court below.

B. When a supersedeas bond has been given, and the appeal is from a judgment for the recovery of money, the supreme court shall give judgment against appellant and the surety upon such bond for the amount of the judgment with interest from the date of its rendition.

C. If money has been deposited in lieu of bond, the supreme court shall direct that the costs and the amount of the judgment be paid from the money deposited.
A.R.S. § 12-1525 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1525
12-1525 Quashing of writ; criteria of validity of affidavit and bond
Status: in_force

12-1525. Quashing of writ; criteria of validity of affidavit and bond

A. Every attachment issued without the affidavit and bond shall be quashed on motion of defendant.

B. The affidavit and bond shall not be void for want of form if they contain all essential matters.
A.R.S. § 12-298 — Arizona Code / Title 12 / Chapter 2 / Article 10 / Section 298
12-298 Appointment of family law referee or court commissioner; compensation; qualifications; duties; powers; procedures
Status: in_force

12-298. Appointment of family law referee or court commissioner; compensation; qualifications; duties; powers; procedures

A. Notwithstanding section 12-213 family law referees or court commissioners shall be appointed by the presiding judge of the superior court in each county to provide for the expeditious establishment and enforcement of support orders brought pursuant to title 25, chapter 5, article 1 and chapter 9, article 10 of this title and actions that are additionally brought pursuant to the Arizona state plan for support collection under the requirements of title IV-D of the social security act (42 United States Code section 651). Family law referees or court commissioners need not be appointed in counties which have received expedited process waivers pursuant to 42 United States Code section 666 (a)(2).

B. Reasonable compensation for family law referees shall be fixed by the presiding judge.

C. The family law referees or court commissioners shall conduct hearings in assigned matters dealing with the establishment and enforcement of support obligations brought under the Arizona state plan for support collection pursuant to the requirements of title IV-D of the social security act (42 United States Code section 651). The powers of a family law referee are those granted to a master under rule 53, Arizona rules of civil procedure. Court commissioners shall have authority to hear and determine matters arising under this subsection or subsection A of this section in addition to the powers granted to court commissioners under rules of the supreme court.

D. The family law referee shall prepare a report on the matters submitted to him consisting of written findings and recommendations. The family law referee shall not ordinarily be required to file with his report a transcript of the proceedings but shall make sufficient findings of fact in his report to justify the recommendations made to the court. The family law referee shall file the report with the clerk of the court along with the original exhibits. The clerk shall provide a copy of the report to all parties.

E. The family law referee may make recommendations of a reasonable amount of child support, using factual findings and applicable support guidelines. The family law referee may make findings regarding support arrearages owed. The family law referee may make recommendations regarding the method and manner of payment, imposition of assignment of earnings or periodic entitlements, or other matters or remedies involved in the establishment or enforcement of support obligations. Unless objection is timely made, the court may accept the family law referee's findings and recommendations and make its order in accordance with them.

F. Either party may file written objections to the findings and recommendations of the family law referee within fifteen days after being served with them. The objecting party shall provide notice for a hearing on the objection as prescribed in rule 6(c), Arizona rules of civil procedure. The court shall accept the findings of fact of the family law referee unless they are clearly erroneous. The court, after a hearing, may adopt the report, modify it in whole or in part, receive further evidence or recommit it with instructions.

G. If a party does not appear before the family law referee after appropriate service, the family law referee may proceed ex parte or may cause a notice to be served on that party of the intent to recommend judgment on the pleadings. Service of such notice shall be by regular mail to the last known address of the party and is deemed complete on mailing. The notice shall advise the nonappearing party that he has fifteen days from the date of mailing to appear or otherwise object to entry of judgment on the pleadings. The court may enter judgment on the pleadings on recommendation of the family law referee if the party does not appear within fifteen days after notice.
A.R.S. § 12-1363 — Arizona Code / Title 12 / Chapter 8 / Article 14 / Section 1363
12-1363 Notice and right to repair or replace; tolling of time limits; admissible evidence; definition
Status: in_force

12-1363. Notice and right to repair or replace; tolling of time limits; admissible evidence; definition

A. Before filing a dwelling action, the purchaser shall give written notice by certified mail, return receipt requested, to the seller specifying in reasonable detail the basis of the dwelling action.  A seller who receives notice under this subsection shall promptly forward a copy of the notice to the last known address of each construction professional who the seller reasonably believes is responsible for an alleged defect that is specified in the notice. The seller's notice to each construction professional may be delivered by electronic means.

B. After receipt of the notice described in subsection A of this section, the seller and the seller's construction professional may inspect the dwelling to determine the nature and cause of the alleged construction defects and the nature and extent of any repairs or replacements necessary to remedy the alleged construction defects.  The purchaser shall ensure that the dwelling is made available for inspection not later than ten days after the purchaser receives the seller's and the seller's construction professional's request for an inspection. The seller and the seller's construction professional shall provide reasonable notice to the purchaser before conducting the inspection.  The inspection shall be conducted at a reasonable time.  The seller and the seller's construction professional may use reasonable measures, including testing, to determine the nature and cause of the alleged construction defects and the nature and extent of any repairs or replacements necessary to remedy the alleged construction defects. If the seller or the seller's construction professional conduct testing pursuant to this subsection, the seller or the seller's construction professional shall restore the dwelling to its condition before the testing.

C. Within sixty days after receipt of the notice described in subsection A of this section, the seller shall send to the purchaser a good faith written response to the purchaser's notice by certified mail, return receipt requested.  The response may include the seller's and the seller's construction professional's notice of intent to repair or replace any alleged construction defects, to have the alleged construction defects repaired or replaced at the seller's or seller's construction professional's expense or to provide monetary compensation to the purchaser. The written notice of intent to repair or replace shall describe in reasonable detail all repairs or replacements that the seller and the seller's construction professional intend to make or provide to the dwelling and a reasonable estimate of the date by which the repairs or replacements will be made.  This subsection does not prohibit the seller from offering monetary compensation or other consideration instead of or in addition to a repair or replacement. The purchaser may accept or reject an offer of monetary compensation or other consideration, other than repair or replacement and, if rejected, may proceed with a dwelling action on completion of any repairs or replacements the seller and the seller's construction professional intend to make or provide.  The parties may negotiate for a release if an offer involving monetary compensation or other consideration is accepted.

D. If the seller does not provide a written response to the purchaser's notice within sixty days, the purchaser may file a dwelling action.

E. If the response provided pursuant to subsection C of this section includes a notice of intent to repair or replace the alleged construction defects, the purchaser shall allow the seller and the seller's construction professional a reasonable opportunity to repair or replace the alleged construction defects or cause the alleged construction defects to be repaired or replaced pursuant to the following:

1. The purchaser and the seller or the seller's construction professional shall coordinate repairs or replacements within thirty days after the seller's notice of intent to repair or replace was sent pursuant to subsection C of this section. If requested by the purchaser, repair or replacement of alleged construction defects undertaken by the seller shall be performed by a construction professional selected by the seller and consented to by the purchaser, whose consent shall not be unreasonably withheld, that was not involved in the construction or design of the dwelling. A contractor or subcontractor that was not involved in the construction or design of the dwelling and that performs any repair or replacement of the alleged construction defect pursuant to this section is liable only to the seller or purchaser who contracted for the contractor's or subcontractor's services for the contractor's or subcontractor's scope of work and that contractor or subcontractor may be named in an amended notice pursuant to subsection I of this section or in the corresponding dwelling action.

2. Repairs or replacements shall begin as agreed by the purchaser and the seller or the seller's construction professional, with reasonable efforts to begin repairs or replacements within thirty-five days after the seller's notice of intent to repair or replace was sent pursuant to subsection C of this section. If a permit is required to perform the repair or replacement, reasonable efforts shall be made to begin repairs or replacements within ten days after receipt of the permit or thirty-five days after the seller's notice of intent to repair or replace was sent pursuant to subsection C of this section, whichever is later.

3. All repairs or replacements shall be completed using reasonable care under the circumstances and within a commercially reasonable time frame considering the nature of the repair or replacement, any access issues or unforeseen events that are not caused by the seller or the seller's construction professional.

4. The purchaser shall provide reasonable access for the repairs or replacements.

5. The seller is not entitled to a release or waiver solely in exchange for any repair or replacement made pursuant to this subsection, except that the purchaser and seller may negotiate a release or waiver in exchange for monetary compensation or other consideration.

6. At the conclusion of any repairs or replacements, the purchaser may commence a dwelling action or, if the contract for the sale of the dwelling or the community documents contain a commercially reasonable alternative dispute resolution procedure that complies with section 12-1366, subsection C, may initiate the dispute resolution process including any claim for inadequate repair or replacement.

F. During the notice and repair or replacement process, and for thirty days after substantial completion of the repair or replacement, the statute of limitations and statute of repose, including section 12-552, applicable to the purchaser, including any construction professional involved in the construction or design, are tolled as to the seller and the seller's construction professional who were involved in the construction or design of the dwelling for all alleged construction defects described in reasonable detail in the written notice sent to the seller pursuant to subsection A of this section.

G. The statute of limitations and statute of repose, including section 12-552, that apply to the seller's claim for indemnity or contribution against any construction professional is tolled from the date the seller receives the notice required by this section until nine months after the purchaser's service of the civil complaint or arbitration demand on the seller.

H. All parties' conduct during the repair or replacement process prescribed in subsections B, C, D and E of this section may be introduced in any subsequent dwelling action.  Any repair or replacement efforts undertaken by the seller or the seller's construction professional are not considered settlement communications or offers of settlement and are admissible in evidence.

I. A purchaser may amend the notice provided pursuant to subsection A of this section to include alleged construction defects identified in good faith after submission of the original notice. The seller and the seller's construction professional shall have a reasonable period of time to conduct an inspection, if requested, and thereafter the parties shall comply with the requirements of subsections B, C, D and E of this section for the additional alleged construction defects identified in reasonable detail in the notice.

J. Subject to Arizona rules of court, during the pendency of a dwelling action the purchaser may supplement the list of alleged construction defects to include additional alleged construction defects identified in good faith after filing of the original dwelling action that have been identified in reasonable detail as required by this section.  The court shall provide the seller and the seller's construction professional a reasonable amount of time to inspect the dwelling to determine the nature and cause of the additional alleged construction defects and the nature and extent of any repairs or replacements necessary to remedy the additional alleged construction defects and, on request of the seller or the seller's construction professional, sufficient time to repair or replace the additional alleged construction defects. The parties shall comply with the requirements of subsections B, C, D and E of this section for the additional alleged construction defects identified in reasonable detail in the notice.

K. The service of an amended notice identifying in reasonable detail the alleged construction defects during the pendency of a dwelling action shall relate back to the original notice of alleged construction defects for the purpose of tolling applicable statutes of limitations and statutes of repose, including section 12-552.

L. By written agreement of the seller and purchaser, the time periods provided in this section may be extended.

M. For the sale of a dwelling that occurs within the statutory period set forth in section 12-552, the escrow agent, as defined in section 6-801, shall provide notice to the purchaser of the provisions of this section and sections 12-1361 and 12-1362. This subsection does not create a fiduciary duty or provide any person or entity with a private right or cause of action or administrative action.

N. A purchaser who files a contested dwelling action under this article must file an affidavit with the purchaser's complaint, under penalty of perjury, that the purchaser has read the entire complaint, agrees with all of the allegations and facts contained in the complaint and, unless authorized by statute or rule, is not receiving and has not been promised anything of value in exchange for filing the dwelling action.

O. If the seller does not comply with the requirements of this section and the failure is not due to any fault of the purchaser or as a result of an unforeseen condition, including an unforeseen weather condition or government delay, the purchaser may commence a dwelling action.

P. If the purchaser fails to comply with the requirements of this section before bringing a dwelling action, the dwelling action shall be dismissed. If the dwelling action is dismissed after the statute of limitations or statute of repose, including section 12-552, applicable to the purchaser, any subsequent dwelling action brought by the purchaser is time barred as to the seller and the seller's construction professional involved in the construction or design of the dwelling.

Q. For the purposes of this section, "reasonable detail" includes all of the following:

1. An itemized list that describes each alleged construction defect with sufficient detail to allow the seller or seller's construction professional to identify the alleged construction defect.

2. The location that each alleged construction defect has been observed by the purchaser in each dwelling that is the subject of the notice.

3. The impairment to the dwelling that has occurred as a result of each of the alleged construction defects or is reasonably likely to occur if the alleged construction defects are not repaired or replaced.

4. The street address for each dwelling that is the subject of the notice.
A.R.S. § 12-653.01 — Arizona Code / Title 12 / Chapter 6 / Article 6.1 / Section 653.01
12-653.01 Definitions
Status: in_force

12-653.01. Definitions

In this article, unless the context otherwise requires:

1. "Actual malice" means that state of mind arising from personal spite, hatred, or ill will toward the plaintiff, but such a state of mind occasioned by a good faith belief on the part of the defendant in the truth of the libelous publication or broadcast at the time it is published or broadcast shall not constitute actual malice.

2. "Exemplary damages" means damages which may, in the discretion of the court or jury, be recovered in addition to general and special damages for the sake of example and by way of punishing a defendant who has made the publication or broadcast with actual malice.

3. "General damages" means damages for loss of reputation.

4. "Magazine" or "newspaper" means any publication which may be mailed at the second-class rates established by the United States post office.

5. "Special damages" means all damages which the plaintiff alleges and proves he has suffered in respect only to his property, business, trade, profession or occupation.
A.R.S. § 12-404 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 404
12-404 Action brought in wrong county; jurisdiction; application for transfer; hearing
Status: in_force

12-404. Action brought in wrong county; jurisdiction; application for transfer; hearing

A. If an action is not brought in the proper county, the court shall nevertheless have jurisdiction and may hear and determine the action unless the defendant, before expiration of the time allowed to answer, files with the clerk of the court in which the action is brought an affidavit of the defendant, his agent or attorney, stating that the county in which the action is brought is not the proper county and stating the county of the defendant's residence, and praying that the action be transferred to the proper county.

B. A copy of the affidavit shall be served upon plaintiff, and unless the affidavit is controverted under oath, within five days after service, the court shall order the action transferred to the proper county.

C. If the affidavit is controverted, the court shall hear the issue thus presented and shall order the action retained in the court in which it is brought, or transferred to the proper county.
A.R.S. § 12-1116 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1116
12-1116 Actions for condemnation; immediate possession; money deposit
Status: in_force

12-1116. Actions for condemnation; immediate possession; money deposit

A. All actions for condemnation shall be brought as other civil actions in the superior court in the county in which the property is located except that, at least twenty days before filing an action for condemnation of property or any interest in property, the plaintiff shall deliver to the property owner of record and as a courtesy to the sole lessee of record, if applicable, according to the records of the county recorder in the county in which the property is located:

1. A written offer to purchase the property or interest in the property and to pay just compensation for the property or interest in the property and for any compensable damages to any remaining property.  The offer must constitute the plaintiff's estimate of just compensation.  The offer may be made subject to any lessees of record or any lessees who may claim a compensable interest.  The offer does not impose an obligation on the plaintiff to provide a written offer to purchase the lessee's interest.

2. One or more appraisals that support the amount of the proposed compensation.

B. Except for special taxing districts formed pursuant to title 48, chapter 17, if no lease is recorded or if more than one lease is recorded for the property with the county recorder of the county in which the property is located, at least twenty days before filing an action for condemnation of property or any interest in property, the plaintiff shall provide notice of the offer and appraisal to the party having a plain and obvious commercial ownership or operational interest in substantial improvements on the property by posting the notice in plain sight at the property that may be subject to condemnation.

C. For special taxing districts formed pursuant to title 48, chapter 17, if more than one lease is recorded for the property with the county recorder of the county in which the property is located, at least twenty days before filing an action for condemnation of property or any interest in property, the plaintiff shall provide notice of the offer and appraisal by delivering to all property interest holders of record the notice that an offer has been made and an appraisal has been conducted.  The notice does not apply to lessees of record if the lease or other written agreement governing the interest holder's rights in the property provides that the property interest holder would not be entitled to condemnation proceeds.

D. If a lessee that is not noted in the record of the county recorder and has a commercial ownership or operational interest in substantial improvements on the property requests a copy of the offer and appraisal the plaintiff shall promptly comply with the request on presentation of documentation by the lessee of the lessee's interest in the property.

E. At the time of filing the complaint, or at any time after filing the complaint, the plaintiff may apply to the court for an order permitting the plaintiff to take possession of and use the property sought to be condemned for the purpose prayed for.

F. The superior court may waive the requirements of subsection A, B, C or D of this section if the court determines that the plaintiff will suffer immediate and irreparable harm that outweighs the property owner's or lessee's interest.

G. On filing the application, the court shall set a time for a hearing.  Notice shall be served on the parties in interest by personal service within the state, or by publication if without the state, in any manner as the court directs.

H. On the day of the hearing, if it appears that the use for which the property is sought to be condemned is a necessary use, the court shall receive evidence as to the probable damages to each owner, possessor or person having an interest in each parcel of land sought to be condemned and of any unpaid property taxes that have been levied, including penalties and interest, on the property sought to be condemned and may direct that on a deposit of money, on direct payment to each owner, possessor or person having an interest in each parcel, or if the condemnor is the state or a county, city, town or political subdivision of this state, on posting a bond in a form to be approved by the court, the plaintiff shall be let into the possession and full use of the parcels of land, as described in the order, for the purposes specified in the order.

I. The plaintiff may deposit the money or bond with the clerk of the court or the state treasurer.  The money or bond may be held for the use and benefit of each person having an interest in each parcel of land sought to be condemned, subject to final judgment after trial of the action, and may be held also as a fund to pay any further damages and costs recovered in the proceedings and any unpaid property taxes that were levied as of the date of the order for immediate possession, including penalties and interest, on the property sought to be condemned, as well as all damages sustained by the defendant if for any cause the property is not finally taken for public use. The deposit of the money or bond shall not discharge the plaintiff from liability to maintain the fund in full, but it shall remain deposited for all accidents, defalcations or other contingencies, as between the parties to the proceedings, at the risk of the plaintiff, until the compensation or damage is finally settled by judicial determination, and the court awards such part of the money or bond as shall be determined to the defendant, or until the clerk or the state treasurer is ordered by the court to disburse it.  The clerk of the court or the state treasurer is liable to the plaintiff for the deposit or bond if it is lost or abstracted.

J. If the plaintiff elects to deposit the money or bond in the state treasury, the state treasurer shall receive the money or bond and return a receipt for the money or bond to the court, and the state treasurer shall safely keep the deposit in a special fund to be entered on the state treasurer's books as the condemnation fund.  The state treasurer shall invest and divest monies in the condemnation fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.  The state treasurer shall disburse the money deposited and, if necessary, convert the investments to cash for the purpose of making the disbursements or forfeit the bond as the court may direct pursuant to its judgment.  After satisfaction of the judgment in a condemnation action and payment of any unpaid property taxes that were levied as of the date of the order for immediate possession, including penalties and interest, on the property sought to be condemned, the excess, if any, of the deposit made regarding the action, including monies earned by the investment and reinvestment of the deposit, shall be returned by the state treasurer to the plaintiff by a warrant that the department of administration shall issue upon direction of the state treasurer after having received a certified copy of the judgment and without regard to provisions requiring the filing of a claim against the state.  Any monies remaining in the condemnation fund at the end of the fiscal year do not revert to the state general fund.

K. If the plaintiff elects to deposit the money or bond with the clerk of the court, the clerk shall receive the money or bond and return a receipt for the money or bond to the court, and the clerk is liable to the plaintiff if the money or bond is lost or abstracted.  The clerk shall disburse the money or forfeit the bond as the court may direct pursuant to its judgment. Any money remaining in a deposit after the judgment of the court and all unpaid property taxes that were levied as of the date of the order for immediate possession, including penalties and interest, have been fully paid shall be returned by the clerk to the plaintiff.

L. On application by any party, the court may order that money deposited with the clerk of the court or the state treasurer be paid to any owner, possessor or person having an interest in any parcel.

M. Subject to court approval, the parties may also stipulate any of the following with any owner, occupant or possessor of any parcel:

1. To the amount of money that the plaintiff may deposit with the clerk of the court or with the state treasurer for any owner, occupant or possessor of any parcel.

2. To the amount of direct payment to any owner, occupant or possessor of any parcel.

3. To the payment of money deposited with the clerk of the court or the state treasurer to any owner, occupant or possessor of any parcel.

4. For the release of any bond on payment to any owner, occupant or possessor of any parcel.

N. A person in interest for whom a deposit has been made pursuant to stipulation for the person's withdrawal is entitled to interest on the amount that the person is allowed to withdraw from the date the order for immediate possession is signed by the court pursuant to subsection C of this section until the date of withdrawal.  This person is also entitled to interest on that portion of the final judgment, exclusive of costs allowed by the court, that exceeds the amount that is deposited for the person's withdrawal from the date the order for immediate possession is signed by the court until the judgment is paid.  If the amount that is withdrawn by any defendant exceeds the amount of the final judgment awarded the defendant inclusive of costs allowed by the court and any unpaid property taxes that were levied as of the date of the order for immediate possession, including penalties and interest, on the property sought to be condemned, the defendant withdrawing the funds immediately shall repay to the plaintiff the excess, with legal interest from the date of withdrawal to the date of repayment, except that the amount that is necessary to pay any unpaid property taxes that were levied as of the date of the order for immediate possession, including penalties and interest, on the property shall be paid to the county treasurer of the county in which the property sought to be condemned is located.

O. Any stipulation that is made or any evidence that is introduced pursuant to this section shall not be introduced in evidence or used to the prejudice of any party in interest on the trial of the action.
A.R.S. § 12-932 — Arizona Code / Title 12 / Chapter 7 / Article 7 / Section 932
12-932 Proceeding in federal court; jurisdiction of state court; stay, notice and precedence of appeal
Status: in_force

12-932. Proceeding in federal court; jurisdiction of state court; stay, notice and precedence of appeal

A. When an action praying for a preliminary injunction is begun in a federal district court to restrain an official or officials of this state from enforcing or administering a statute or administrative order of this state, or to set aside or enjoin such statute or administrative order, any defendant in the action, or the attorney general of the state, may bring an action to enforce the statute or order in the superior court of the state at any time before final hearing on the application for an injunction in the action in the federal court, and jurisdiction is conferred upon the superior court of this state, and on the supreme court on appeal, to entertain such action.

B. The superior court shall, when the action is brought, grant a stay of proceedings by any state officer or officers under such statute or order, pending determination of the action in the courts of the state and the superior court shall, upon the bringing of such action therein, at once cause a notice thereof, together with a copy of the stay order, to be filed in the federal district court in which the action was originally begun.

C. The action in the superior court, and an appeal therefrom, shall be given precedence, expedited in every way, and shall be assigned for hearing at the earliest practicable day.
A.R.S. § 12-890 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 890
12-890 Agreement to recover property
Status: in_force

12-890. Agreement to recover property

A. A written, signed agreement to pay for the recovery or for assistance in the recovery of property under this article is unenforceable if the fee or payment agreed on exceeds thirty per cent of the value of the recoverable property.

B. Nothing in this section shall be construed to prevent an owner from asserting, at any time, that a written, signed agreement to recover property is based on excessive or unjust consideration.
A.R.S. § 12-1203 — Arizona Code / Title 12 / Chapter 8 / Article 6 / Section 1203
12-1203 Violation; classification
Status: in_force

12-1203. Violation; classification

A person violating the provisions of section 12-1202 is guilty of a petty offense and shall be liable to the injured person for any damages incurred.
A.R.S. § 12-2026 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2026
12-2026 Motion for new trial; retrial
Status: in_force

12-2026. Motion for new trial; retrial

A. Either party may move for a new trial in the court where the verdict was returned.

B. If a new trial is granted, another jury shall be summoned within five days thereafter to try the issue, unless the parties agree on a longer time.
A.R.S. § 12-821.01 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 821.01
12-821.01 Authorization of claim against public entity, public school or public employee
Status: in_force

12-821.01. Authorization of claim against public entity, public school or public employee

A. Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.

B. For the purposes of this section, a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition that caused or contributed to the damage.

C. Notwithstanding subsection A, any claim that must be submitted to a binding or nonbinding dispute resolution process or an administrative claims process or review process pursuant to a statute, ordinance, resolution, administrative or governmental rule or regulation, or contractual term shall not accrue for the purposes of this section until all such procedures, processes or remedies have been exhausted. The time in which to give notice of a potential claim and to sue on the claim shall run from the date on which a final decision or notice of disposition is issued in an alternative dispute resolution procedure, administrative claim process or review process. This subsection does not prevent the parties to any contract from agreeing to extend the time for filing such notice of claim.

D. Notwithstanding subsection A, a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases.

E. A claim against a public entity or public employee filed pursuant to this section is deemed denied sixty days after the filing of the claim unless the claimant is advised of the denial in writing before the expiration of sixty days.

F. This section applies to all causes of action that accrue on or after July 17, 1994.

G. If a genuine issue of material fact exists as to whether the requirements of this section have been complied with, the issue shall be resolved before a trial on the merits and at the earliest possible time.

H. This section does not apply to any claim for just compensation pursuant to chapter 8, article 2.1 of this title.
A.R.S. § 12-1173 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1173
12-1173 Definition of forcible detainer; substitution of parties
Status: in_force

12-1173. Definition of forcible detainer; substitution of parties

There is a forcible detainer if:

1. A tenant at will or by sufferance or a tenant from month to month or a lesser period whose tenancy has been terminated retains possession after his tenancy has been terminated or after he receives written demand of possession by the landlord.

2. The tenant of a person who has made a forcible entry refuses for five days after written demand to give possession to the person upon whose possession the forcible entry was made.

3. A person who has made a forcible entry upon the possession of one who acquired such possession by forcible entry refuses for five days after written demand to give possession to the person upon whose possession the first forcible entry was made.

4. A person who has made a forcible entry upon the possession of a tenant for a term refuses to deliver possession to the landlord for five days after written demand, after the term expires. If the term expires while a writ of forcible entry applied for by the tenant is pending, the landlord may, at his own cost and for his own benefit, prosecute it in the name of the tenant.
A.R.S. § 12-285 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 285
12-285 Refusal of clerk to disburse fine or forfeiture; classification
Status: in_force

12-285. Refusal of clerk to disburse fine or forfeiture; classification

A clerk of the superior court who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law within thirty days after receipt thereof, is guilty of a class 2 misdemeanor.
A.R.S. § 12-321 — Arizona Code / Title 12 / Chapter 3 / Article 3 / Section 321
12-321 Appeals or original applications
Status: in_force

12-321. Appeals or original applications

A. On appeal from the judgment or order of the superior court in a civil action, the appellant, at the time of filing the index of record on appeal, shall pay to the clerk of the supreme court a fee pursuant to section 12-119.01. Within ten days after filing such record the appellee shall pay to the clerk of the supreme court a fee pursuant to section 12-119.01, which shall be in full for all fees except those allowed by law.

B. An applicant for a writ of mandamus, certiorari, quo warranto or other writ within the original jurisdiction of the supreme court, except a writ of habeas corpus, shall pay the clerk a fee pursuant to section 12-119.01 at the time of filing the petition or application. Any party opposing the issuance of such writ shall pay the clerk a fee pursuant to section 12-119.01.
A.R.S. § 12-116.03 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.03
12-116.03 Collection agencies
Status: in_force

12-116.03. Collection agencies

A court may contract with public agencies or private entities to assist in collecting fines, fees, penalties, costs, surcharges, restitution and assessments that remain unpaid.  The court may add to any underlying amount owed reasonable costs charged by the contracting agency or entity.
A.R.S. § 12-554 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 554
12-554 Limited liability; baseball facilities; definitions
Status: in_force

12-554. Limited liability; baseball facilities; definitions

A. An owner is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during a baseball game unless the owner either:

1. Does not provide protective seating that is reasonably sufficient to satisfy expected requests.

2. Intentionally injures a spectator.

B. This section does not prevent or limit the liability of an owner who fails to maintain the premises of the baseball stadium in a reasonably safe condition.

C. This section does not create an independent duty of care for a registered design professional or licensed contractor.

D. A registered design professional or a licensed contractor who is involved in the design, construction or operation of the facility is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during a baseball game unless a registered design professional or a licensed contractor either:

1. Does not provide for protective seating that is reasonably sufficient to satisfy expected requests.

2. Intentionally injures a spectator.

E. This section does not prevent or limit liability of a registered design professional or a licensed contractor who fails to design, construct or operate the premises of the baseball stadium in a reasonably safe condition or manner.

F. As used in this section:

1. "Baseball game" means an amateur or professional baseball game, whether for exhibition or competition. Baseball game includes pregame and postgame activities regardless of the time of day when the game is played.

2. "Owner" means a person, city, town, county, special district, limited liability company, school district, community college district, college or university that is in lawful possession and control of a baseball team or facility in which baseball games are played. Owner includes an employee or agent of the owner.

3. "Protective seating" means either:

(a) An area in which a screen to prevent a ball or bat from entering the seating area exists between the spectator and the playing field.

(b) An area that is reasonably safe for the avoidance of injuries from baseballs, baseball bats or other equipment used by players during a baseball game.

4. "Spectator" means a person who is present at a baseball game for the purpose of observing the game, whether or not the person pays an admission fee or is compensated to observe the game.
A.R.S. § 12-820.05 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820.05
12-820.05 Other immunities
Status: in_force

12-820.05. Other immunities

(Eff. until 1/1/28)

A. Except as specifically provided in this article, this article does not affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this state.

B. A public entity is not liable for losses that arise out of and are directly attributable to an act or omission determined by a court to be a criminal felony by a public employee unless the public entity knew of the public employee's propensity for that action. This subsection does not apply to acts or omissions arising out of either of the following:

1. The operation or use of a motor vehicle.

2. A sexual offense if the victim is a minor or a child with a disability as defined in section 15-761 and either of the following conditions exist:

(a) The public entity was in violation of a statutory duty relating to obtaining information regarding the background of employees.

(b) The public entity or public employee had a statutory duty to report and failed to do so.

C. A public entity is not liable for damages as a result of an injury caused by any act or omission by a public officer who renders emergency care gratuitously and in good faith in a public building, at a public gathering on the grounds of a public building or at the scene of an emergency occurrence or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, unless the public officer, while rendering the emergency care, is guilty of gross negligence.
A.R.S. § 12-2029 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2029
12-2029 Disobedience of writ; classification
Status: in_force

12-2029. Disobedience of writ; classification

A. If a person upon whom the peremptory writ of mandate has been personally served, without just excuse, knowingly fails or refuses to obey the writ, such person is guilty of a class 3 misdemeanor and the court may make any orders necessary and proper for complete enforcement of the writ.

B. If a fine is imposed upon an officer who draws a salary from the state or a county, a certified copy of the order shall be forwarded to the department of administration or board of supervisors as the case may be, and the amount of the fine shall be retained from the salary of such officer.
A.R.S. § 12-3254 — Arizona Code / Title 12 / Chapter 25 / Article 1 / Section 3254
12-3254 Procedure for recognition of a foreign-country judgment; effect of recognition of a foreign-country judgment; stay of proceedings; statute of limitations
Status: in_force

12-3254. Procedure for recognition of a foreign-country judgment; effect of recognition of a foreign-country judgment; stay of proceedings; statute of limitations

A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition is raised by filing an action seeking recognition of the foreign-country judgment. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition is raised by counterclaim, cross-claim or affirmative defense.

B. If the court in a proceeding under subsection A of this section finds that the foreign-country judgment is entitled to recognition under this chapter, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is both of the following:

1. Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive.

2. Enforceable in the same manner and to the same extent as a judgment rendered in this state.

C. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the appellant has had sufficient time to prosecute the appeal and has failed to do so.

D. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years after the date that the foreign-country judgment became effective in the foreign country.
A.R.S. § 12-1565 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1565
12-1565 Storage of levied property; costs
Status: in_force

12-1565. Storage of levied property; costs

A. After the officer has completed his levy on the personal property of the judgment debtor, the officer shall secure the property until it is sold. The officer may store the property in a facility operated by the county for this purpose or in a private facility selected by the judgment creditor or the officer or both.

B. The judgment creditor is responsible for paying all costs incurred in transporting and storing the levied property. If the judgment creditor refuses or fails to pay any costs associated with the levy of the property, the officer is not liable for failing to execute the process. The costs incurred by the judgment creditor shall be added to the amount due on the execution and are a part of the execution for the purposes of this article.
A.R.S. § 12-812 — Arizona Code / Title 12 / Chapter 7 / Article 1.1 / Section 812
12-812 Nuisance
Status: in_force

12-812. Nuisance

A. Any person who maintains, establishes or conducts a nuisance, or aids or abets therein, and the agent or lessee of any interest in any such nuisance together with the persons in control of any such nuisance by any such agent or lessee can be enjoined from maintaining a nuisance pursuant to this article.

B. Upon receiving notice pursuant to section 12-814, such persons are deemed to have knowledge of the nuisance and are liable for its maintenance.
A.R.S. § 12-1598.07 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.07
12-1598.07 Objection to garnishment, answer or nonexempt earnings statement; hearing
Status: in_force

12-1598.07. Objection to garnishment, answer or nonexempt earnings statement; hearing

A. A party who has an objection to the writ of garnishment, the answer of garnishee or a nonexempt earnings statement may file a written objection and request for hearing on a form similar to those set forth in section 12-1598.16. The hearing must be requested no later than ten days after receipt of the answer or nonexempt earnings statement objected to unless good cause for filing the request later is shown. At the time of filing the request for hearing form, the party filing the objection shall deliver a copy of the form to all parties to the writ.

B. The hearing on an objection to the writ, answer or amount withheld or on a claim of exemption shall be commenced within ten days after receipt of the request by the court but may be continued for good cause on terms the court deems appropriate after due consideration of the importance of the judgment debtor's rights and the need for a speedy determination. Good cause includes a situation in which the objection raised at the hearing is different from that set forth in the request for hearing form. The hearing shall not be held later than fifteen days after the date the request was received by the court unless the request for a continuance is made by the judgment debtor.

C. A party requesting a hearing pursuant to this section is required to state the grounds for the party's objection in writing, but the objecting party is not limited to those written objections at the hearing conducted pursuant to this section.

D. The court shall notify the parties of the date and time of the hearing at least two days, not including weekends and holidays, before the date of the hearing.

E. The prevailing party may be awarded costs and attorney fees in a reasonable amount determined by the court. An award of attorney fees that are incurred due to the objection shall not be assessed against nor is it chargeable to the judgment debtor unless the judgment debtor is found to have objected solely for the purpose of delay or to harass the judgment creditor.
A.R.S. § 12-128.01 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 128.01
12-128.01 Receipt of salary by judges and commissioners; affidavit; pending and undetermined causes; violation; classification
Status: in_force

12-128.01. Receipt of salary by judges and commissioners; affidavit; pending and undetermined causes; violation; classification

A. A superior court judge or commissioner shall not receive his salary unless such judge or commissioner either certifies that no cause before such judge or commissioner remains pending and undetermined for sixty days after it has been submitted for decision or there is submitted by the chief justice of the Arizona supreme court a certification that such superior court judge or commissioner has had a physical disability during the preceding sixty days or that good and sufficient cause exists to excuse the application of this section to particularly identified litigation then pending.

B. Any certification submitted by the chief justice pursuant to subsection A shall set forth in detail the nature and duration of the physical disability involved or the reason why subsection A should not apply to the specified pending litigation.

C. Any person who issues or causes to be issued any check, warrant or payment to a judge or commissioner knowing that, pursuant to this section, such judge or commissioner should not receive his salary is guilty of a class 3 misdemeanor.
A.R.S. § 12-1115 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1115
12-1115 Right of state to enter and survey property for public use
Status: in_force

12-1115. Right of state to enter and survey property for public use

A. Where land is required for public use, the state, or its agents in charge of such use, may survey and locate the land, but it shall be located in the manner which will be most compatible with the greatest public good and the least private injury.

B. The land may be entered upon to make examinations, surveys and maps thereof, and the entry constitutes no cause of action in favor of the owners of the land, except for injuries resulting from negligence, wantonness or malice.

C. A person seeking to acquire property for any of the public uses authorized by this title is an agent of the state.
A.R.S. § 12-2294 — Arizona Code / Title 12 / Chapter 13 / Article 7.1 / Section 2294
12-2294 Release of medical records and payment records to third parties
Status: in_force

12-2294. Release of medical records and payment records to third parties

A. A health care provider shall disclose medical records or payment records, or the information contained in medical records or payment records, without the patient's written authorization as otherwise required by law or when ordered by a court or tribunal of competent jurisdiction.

B. A health care provider may disclose medical records or payment records, or the information contained in medical records or payment records, pursuant to written authorization signed by the patient or the patient's health care decision maker.

C. A health care provider may disclose medical records or payment records or the information contained in medical records or payment records and a clinical laboratory may disclose clinical laboratory results without the written authorization of the patient or the patient's health care decision maker as otherwise authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or as follows:

1. To health care providers who are currently providing health care to the patient for the purpose of diagnosis or treatment of the patient.

2. To health care providers who have previously provided treatment to the patient, to the extent that the records pertain to the provided treatment.

3. To ambulance attendants as defined in section 36-2201 for the purpose of providing care to or transferring the patient whose records are requested.

4. To a private agency that accredits health care providers and with whom the health care provider has an agreement requiring the agency to protect the confidentiality of patient information.

5. To a health profession regulatory board as defined in section 32-3201.

6. To health care providers for the purpose of conducting utilization review, peer review and quality assurance pursuant to section 36-441, 36-445, 36-2402 or 36-2917.

7. To a person or entity that provides services to the patient's health care providers or clinical laboratories and with whom the health care provider or clinical laboratory has an agreement requiring the person or entity to protect the confidentiality of patient information and as required by the health insurance portability and accountability act privacy standards, 45 Code of Federal Regulations part 164, subpart E.

8. To the legal representative of a health care provider in possession of the medical records or payment records for the purpose of securing legal advice.

9. To the patient's third party payor or the payor's contractor.

10. To the industrial commission of Arizona or parties to an industrial commission claim pursuant to title 23, chapter 6.

D. A health care provider may disclose a deceased patient's medical records or payment records or the information contained in medical records or payment records to the patient's health care decision maker at the time of the patient's death.  A health care provider also may disclose a deceased patient's medical records or payment records or the information contained in medical records or payment records to the personal representative or administrator of the estate of a deceased patient, or if a personal representative or administrator has not been appointed, to the following persons in the following order of priority, unless the deceased patient during the deceased patient's lifetime or a person in a higher order of priority has notified the health care provider in writing that the deceased patient opposed the release of the medical records or payment records:

1. The deceased patient's spouse, unless the patient and the patient's spouse were legally separated at the time of the patient's death.

2. The acting trustee of a trust created by the deceased patient either alone or with the deceased patient's spouse if the trust was a revocable inter vivos trust during the deceased patient's lifetime and the deceased patient was a beneficiary of the trust during the deceased patient's lifetime.

3. An adult child of the deceased patient.

4. A parent of the deceased patient.

5. An adult brother or sister of the deceased patient.

6. A guardian or conservator of the deceased patient at the time of the patient's death.

E. A person who receives medical records or payment records pursuant to this section shall not disclose those records without the written authorization of the patient or the patient's health care decision maker, unless otherwise authorized by law.

F. If a health care provider releases a patient's medical records or payment records to a contractor for the purpose of duplicating or disclosing the records on behalf of the health care provider, the contractor shall not disclose any part or all of a patient's medical records or payment records in its custody except as provided in this article. After duplicating or disclosing a patient's medical records or payment records on behalf of a health care provider, a contractor must return the records to the health care provider who released the medical records or payment records to the contractor.
A.R.S. § 12-119.04 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 119.04
12-119.04 Evaluation of superior court commissioners
Status: in_force

12-119.04. Evaluation of superior court commissioners

A. The supreme court shall adopt and administer for all superior court commissioners in counties having a population of two hundred fifty thousand persons or more a process, established by court rules, for evaluating superior court commissioner performance. The rules shall include written performance standards and performance reviews that survey opinions of persons who have knowledge of the superior court commissioner's performance.

B. The public shall be afforded a full and fair opportunity for participation in the evaluation process through public hearings, dissemination of evaluation reports and any other methods as the court deems advisable.  The supreme court shall publish and maintain current and previous evaluation reports on its website.
A.R.S. § 12-565 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 565
12-565 Health care actions; collateral source evidence
Status: in_force

12-565. Health care actions; collateral source evidence

A. In any medical malpractice action against a licensed health care provider, the defendant may introduce evidence of any amount or other benefit which is or will be payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States social security act, any state or federal workers' compensation act, any disability, health, sickness, life, income-disability or accident insurance that provides health benefits or income-disability coverage and any other contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of income-disability or medical, hospital, dental or other health care services to establish that any cost, expense, or loss claimed by the plaintiff as a result of the injury or death is subject to reimbursement or indemnification from such collateral sources. Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his right to any such benefits or that recovery from the defendant is subject to a lien or that a provider of such collateral benefits has a statutory right of recovery against the plaintiff as reimbursement for such benefits or that the provider of such benefits has a right of subrogation to the rights of the plaintiff in the medical malpractice action.

B. Evidence introduced pursuant to this section shall be admissible for the purpose of considering the damages claimed by the plaintiff and shall be accorded such weight as the trier of the facts chooses to give it.

C. Unless otherwise expressly permitted to do so by statute, no provider of collateral benefits, as described in subsection A, shall recover any amount against the plaintiff as reimbursement for such benefits nor shall such provider be subrogated to the rights of the plaintiff.
A.R.S. § 12-943 — Arizona Code / Title 12 / Chapter 7 / Article 8 / Section 943
12-943 Authorized dispositions
Status: in_force

12-943. Authorized dispositions

All property that is described in section 12-941 and that is in the possession of a state, county, city or town agency may only be disposed of pursuant to this article.
A.R.S. § 12-116.05 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.05
12-116.05 Address confidentiality program assessment
Status: in_force

12-116.05. Address confidentiality program assessment

A. In addition to any other penalty, fine, fee or assessment authorized by law, a person who is convicted of an offense included in title 13, chapter 14 or 35.1, stalking pursuant to section 13-2923 or a domestic violence offense pursuant to section 13-3601 shall pay an assessment of fifty dollars.  The court may waive all or a portion of the assessment if the court finds that the defendant is unable to pay all or any portion of the assessment.

B. The city or county treasurer shall transmit ninety-five per cent of the monies collected pursuant to subsection A of this section to the state treasurer for deposit in the address confidentiality program fund established by section 41-169.  The clerk of the court shall retain five per cent of the monies collected pursuant to subsection A of this section for administrative costs.
A.R.S. § 12-905 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 905
12-905 Jurisdiction and venue
Status: in_force

12-905. Jurisdiction and venue

A. Jurisdiction to review final administrative decisions is vested in the superior court.

B. If the venue of the action to review a final administrative decision is expressly prescribed in the statute under authority of which the decision was made, such venue shall control, but if the venue is not prescribed, an action to review a final administrative decision may be commenced in the superior court of any county in which any of the following conditions obtains:

1. Any part of the hearing or proceeding culminating in the decision of the administrative agency was held.

2. Any part of the subject matter involved is situated.

3. Any part of the transaction giving rise to the proceedings before the agency occurred.
A.R.S. § 12-1119 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1119
12-1119 Summons; contents; service
Status: in_force

12-1119. Summons; contents; service

A. The clerk shall issue a summons containing:

1. The names of the parties.

2. A general description of the whole property.

3. A statement of the public use for which it is sought.

4. A reference to the complaint for descriptions of the respective parcels.

5. Notice to defendants to appear and show cause why the property described should not be condemned as prayed for in the complaint.

B. The summons in all other particulars shall be as provided in civil actions, and shall be served in like manner.
A.R.S. § 12-224 — Arizona Code / Title 12 / Chapter 2 / Article 3 / Section 224
12-224 Salary; fees for transcripts; free transcripts; office supplies
Status: in_force

12-224. Salary; fees for transcripts; free transcripts; office supplies

A. The salary of the court reporter shall be fixed by the presiding judge of the court, with the approval of the board of supervisors of the county, and shall be paid by the county.

B. The reporter shall receive from a party ordering an appeal transcript, two dollars fifty cents per page for the original, and thirty cents per page for each copy if ordered at the same time and by the same party.

C. The reporter, when requested in advance, shall furnish free of charge to the county attorney or the attorney general a copy of the transcript of testimony when a transcript is made on an appeal in a criminal case, and to the attorney general when the state is a party.

D. The reporter, when requested, shall furnish at county expense to the county attorney or the attorney general a copy of the transcript of testimony of any proceeding held in the superior court when the state or an instrumentality thereof is ordered to provide such transcripts by a federal court in a habeas corpus proceeding in the federal courts or when ordered by the Arizona supreme court to provide such transcripts in a habeas corpus proceeding in state court.

E. The necessary supplies for conduct of the office of reporter shall be furnished by the county.
A.R.S. § 12-1305 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1305
12-1305 Filing of bonds
Status: in_force

12-1305. Filing of bonds

The bonds taken by the officer relating to the claim and delivery of personal property shall be filed with the clerk within five days next after they are taken, and with a justice of the peace in three days.
A.R.S. § 12-808 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 808
12-808 Release of property; bond and conditions; exception
Status: in_force

12-808. Release of property; bond and conditions; exception

A. If the owner of the building or place has not been guilty of contempt of court in the proceedings, and appears and pays all costs, fees and allowances, which are a lien on the building or place, and files a bond in the full value of the property as ascertained by the court, with sureties to be approved by the court or judge, conditioned that he will immediately abate any such nuisance that may exist at the building or place and prevent the nuisance from being established or kept at the building or place within a period of one year thereafter, the court or judge may, if satisfied of the owner's good faith, order the premises closed under the order of abatement to be delivered to the owner, and the order of abatement cancelled so far as it relates to the property.

B. The release of the property under this section shall not release it from any judgment, lien, penalty or liability to which it is subject by law.
A.R.S. § 12-128 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 128
12-128 Salary of judges; payment by state and counties
Status: in_force

12-128. Salary of judges; payment by state and counties

Judges of the superior court shall each receive an annual salary pursuant to section 41-1904, which is payable one-half by this state and one-half by the counties respectively, except that in counties with a population of more than two million persons, in:

1. Fiscal year 2010-2011 through fiscal year 2018-2019, the county shall pay one hundred percent of the annual salary.

2. Fiscal year 2019-2020, the county shall pay seventy-five percent of the annual salary and this state shall pay twenty-five percent of the annual salary.

3. Fiscal year 2020-2021 and each fiscal year thereafter, the county shall pay fifty percent of the annual salary and this state shall pay fifty percent of the annual salary.
A.R.S. § 12-348 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 348
12-348 Award of fees and other expenses against the state or a city, town or county; reduction or denial of award; application; basis for amount of award; source of award; definitions
Status: in_force

12-348. Award of fees and other expenses against the state or a city, town or county; reduction or denial of award; application; basis for amount of award; source of award; definitions

A. In addition to any costs that are awarded as prescribed by statute, a court shall award fees and other expenses to any party other than this state or a city, town or county that prevails by an adjudication on the merits in any of the following:

1. A civil action brought by this state or a city, town or county against the party.

2. A court proceeding to review a state agency decision pursuant to chapter 7, article 6 of this title or any other statute authorizing judicial review of agency, city, town or county decisions. A licensee that prevails in an appeal of an agency's final decision following a conference pursuant to section 41-1092.08, subsection I is entitled to recover reasonable attorney fees and costs incurred during all stages of the proceeding.

3. A proceeding pursuant to section 41-1034.

4. A special action proceeding brought by the party to challenge an action by this state or a city, town or county against the party.

5. An appeal by this state to a court of law from a decision of the personnel board under title 41, chapter 4, article 6.

6. A civil action brought by the party to challenge the seizure and sale of personal property by this state or a city, town or county.

7. A civil action brought by the party to challenge a rule, decision, guideline, enforcement policy or procedure of a state agency or commission that is statutorily exempt from the rulemaking requirements of title 41, chapter 6 on the grounds that the rule, decision, guideline, enforcement policy or procedure is not authorized by statute or violates the Constitution of the United States or this state.

B. In addition to any costs that are awarded as prescribed by statute, except as provided in subsection C of this section, a court may award fees and other expenses to any party, other than this state or a city, town or county, that prevails by an adjudication on the merits in an action brought by the party against this state or a city, town or county challenging:

1. The assessment, collection or refund of taxes or in an action brought by this state or a city, town or county against the party to enforce the assessment or collection of taxes or the denial of a refund.

2. The adequacy or regularity of notice of delinquent taxes.

3. The regularity of sales of property for delinquent taxes.

C. The court in its discretion may deny the award provided for in this section or may reduce the award if it finds that any of the following applies:

1. During the course of the proceeding the prevailing party unduly and unreasonably protracted the final resolution of the matter.

2. The reason that the party other than this state or a city, town or county has prevailed is an intervening change in the applicable law.

3. The prevailing party refused an offer of civil settlement that was at least as favorable to the party as the relief ultimately granted.

D. A party may apply pursuant to the applicable procedural rules for an award of attorney fees and other expenses authorized under this section and shall include as part of the application evidence of the party's eligibility for the award and the amount sought, including an itemized statement from the attorneys and experts stating the actual time expended in representing the party and the rate at which the fees were computed.

E. The court shall base any award of fees as provided in this section on prevailing market rates for the kind and quality of the services furnished, except that:

1. The award of attorney fees may not exceed the amount that the prevailing party has paid or agreed to pay the attorney or a maximum amount of $350 per hour.

2. An award of fees against this state or a city, town or county shall not exceed $125,000 for fees incurred at each level of judicial appeal.

3. For each calendar year beginning from and after December 31, 2015, the attorney general shall adjust the income dollar amounts for maximum awards made pursuant to subsection B of this section according to the average annual change in the metropolitan Phoenix consumer price index published by the United States bureau of labor statistics. The revised dollar amounts shall be raised to the nearest whole dollar. The income dollar amounts may not be revised below the amounts prescribed in the prior calendar year.

F. The particular state agency over which a party prevails shall pay the fees and expenses awarded as provided in this section from any monies appropriated to the agency for that purpose. If no agency is involved or if an agency fails or refuses to pay fees and other expenses within thirty days after demand by a person who has received an award pursuant to this section, and if no further review or appeals of the award are pending, the person may file a claim for the fees and other expenses with the department of administration, which shall pay the claim within thirty days, in the same manner as an uninsured property loss under title 41, chapter 3.1, article 1. If, at the time the agency failed or refused to pay the award, it had appropriated monies either designated or assignable for the purpose of paying awards, the legislature shall reduce the agency's operating appropriation for the following year by the amount of the award and shall appropriate the amount of the reduction to the department of administration as reimbursement for the loss.

G. A city, town or county shall pay fees and expenses awarded as provided in this section within thirty days after demand by a party who has received an award if no further review or appeal of the award is pending.

H. This section does not:

1. Apply to an action arising from a proceeding before this state or a city, town or county in which the role of this state or a city, town or county was to determine the eligibility or entitlement of an individual to a monetary benefit or its equivalent, to adjudicate a dispute or issue between private parties or to establish or fix a rate.

2. Apply to proceedings brought by this state pursuant to title 13 or 28.

3. Entitle a party to obtain fees and other expenses incurred in making an application for an award pursuant to this section for fees and other expenses.

4. Apply to proceedings involving eminent domain, foreclosure, collection of judgment debts or proceedings in which this state or a city, town or county is a nominal party.

5. Personally obligate any officer or employee of this state or a city, town or county for the payment of an award entered under this section.

6. Apply, except as provided in subsection A, paragraph 5 of this section, to proceedings involving the personnel board under title 41, chapter 4, article 6.

7. Apply to proceedings brought by a city, town or county pursuant to title 13 or 28.

8. Apply to proceedings brought by a city, town or county on collection of taxes or pursuant to traffic ordinances or to criminal proceedings brought by a city, town or county on ordinances that contain a criminal penalty or fine for violations of those ordinances.

I. For the purposes of this section:

1. "Fees and other expenses" means the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test or project that the court finds to be directly related to and necessary for the presentation of the party's case and reasonable and necessary attorney fees, and in the case of an action to review an agency decision pursuant to subsection A, paragraph 2 of this section, all fees and other expenses that are incurred in the proceedings in which the decision was rendered.

2. "Licensee" has the same meaning prescribed in section 41-1092.

3. "Party" means an individual, partnership, corporation, limited liability company, limited liability partnership, association or public or private organization.

4. "State" means this state and any agency, officer, department, board or commission of this state.

5. "Taxes" includes all taxes and related levies and assessments addressed in section 12-163.
A.R.S. § 12-883 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 883
12-883 Summons; service and publication
Status: in_force

12-883. Summons; service and publication

Upon filing of the complaint described in section 12-882, a summons shall issue, service thereof shall be made and the summons shall also be published in a newspaper in the manner and for the time provided for the service of summons in a civil action by publication, and the action shall proceed as other civil actions.
A.R.S. § 12-1844 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1844
12-1844 Provisions severable
Status: in_force

12-1844. Provisions severable

The several sections and provisions of this article except sections 12-1831 and 12-1832, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the article invalid or inoperative.
A.R.S. § 12-964 — Arizona Code / Title 12 / Chapter 7 / Article 9 / Section 964
12-964 Limitation
Status: in_force

12-964. Limitation

This article does not affect any other provision of law providing for recovery by this state or any of its political subdivisions of the cost of care and treatment described in section 12-962.
A.R.S. § 12-116.01 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.01
12-116.01 Surcharges; remittance reports; fund deposits
Status: in_force

12-116.01. Surcharges; remittance reports; fund deposits

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

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

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

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

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

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

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

H. The appropriate authorities specified in subsection G of this section shall transmit the surcharge prescribed in subsection A of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established by section 41-2401.

I. The appropriate authorities specified in subsection G of this section shall transmit the seven percent surcharge prescribed in subsection B of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for allocation pursuant to section 41-2421, subsection J.

J. The appropriate authorities specified in subsection G of this section shall transmit the surcharge prescribed in subsection C of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the department of public safety forensics fund established by section 41-1730.

K. Partial payments of the amount due shall be transmitted as prescribed in subsections G, H, I and J of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
A.R.S. § 12-211 — Arizona Code / Title 12 / Chapter 2 / Article 2 / Section 211
12-211 Appointment; qualifications and residence
Status: in_force

12-211. Appointment; qualifications and residence

A. Each judge of the superior court may appoint a court commissioner.

B. To be eligible to serve as a court commissioner a person shall be a United States citizen and a resident of the county in which appointed. He shall reside at the county seat or at such other city or town within the jurisdiction of the judge making the appointment as may be designated by the judge.
A.R.S. § 12-1645 — Arizona Code / Title 12 / Chapter 9 / Article 9 / Section 1645
12-1645 Issuance of execution against principal by officer paying judgment
Status: in_force

12-1645. Issuance of execution against principal by officer paying judgment

If a sheriff or other officer is compelled to pay a judgment or a part thereof by reason of a default of such officer, except for failing to pay over any money collected or for wasting property levied on, the sheriff or other officer may have execution therefor against the principal defendant in such judgment as provided in the case of a surety.
A.R.S. § 12-3411 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3411
12-3411 Uniformity of application and construction
Status: in_force

12-3411. Uniformity of application and construction

In applying and construing this chapter, the courts shall consider the need to promote uniformity of the law with respect to its subject matter among the states that enact the uniform partition of heirs property act.
A.R.S. § 12-612 — Arizona Code / Title 12 / Chapter 6 / Article 2 / Section 612
12-612 Parties plaintiff; recovery; distribution; disqualification
Status: in_force

12-612. Parties plaintiff; recovery; distribution; disqualification

A. An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate.

B. Either parent may maintain the action for the death of a child, and the guardian may maintain the action for the death of the guardian's ward.

C. The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A of this section in proportion to their damages, and if recovery is on behalf of the decedent's estate the amount shall be an asset of the estate.

D. If any party listed in subsection A of this section is found guilty of or guilty except insane for, or pled guilty or no contest to, a violation of section 13-3623 involving the death of the child decedent or a violation of section 13-1103, 13-1104 or 13-1105 involving the death of the decedent, the party is deemed to have predeceased the decedent and is disqualified from recovering wrongful death benefits.  This subsection applies to a person who is found guilty of or guilty except insane for, or pled guilty or no contest to, an offense committed in another jurisdiction that has the same elements of an offense listed in this subsection and that if committed in this state would be a violation of any of the offenses listed in this subsection.

E. For the purposes of subsection A of this section, "personal representative" includes any person to whom letters testamentary or of administration are granted by competent authority under the laws of this or any other state.  The personal representative may maintain the action for wrongful death without the issuance of further letters or any other requirement or authorization of law.
A.R.S. § 12-255 — Arizona Code / Title 12 / Chapter 2 / Article 6 / Section 255
12-255 Private enterprise probation services
Status: in_force

12-255. Private enterprise probation services

Nothing in this article prevents a presiding judge of the superior court in a county from entering into agreements with private enterprises to provide supervision and counseling services for persons placed on probation in the county.
A.R.S. § 12-684 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 684
12-684 Indemnification; tender of defense; execution
Status: in_force

12-684. Indemnification; tender of defense; execution

A. In any product liability action where the manufacturer refuses to accept a tender of defense from the seller, the manufacturer shall indemnify the seller for any judgment rendered against the seller and shall also reimburse the seller for reasonable attorneys' fees and costs incurred by the seller in defending such action, unless either paragraph 1 or 2 applies:

1. The seller had knowledge of the defect in the product.

2. The seller altered, modified or installed the product, and such alteration, modification or installation was a substantial cause of the incident giving rise to the action, was not authorized or requested by the manufacturer and was not performed in compliance with the directions or specifications of the manufacturer.

B. If a judgment is rendered in favor of the plaintiff and a seller is granted indemnity against a manufacturer, the plaintiff shall first attempt to satisfy the judgment by levying execution upon the manufacturer in this state or in the state where the manufacturer's principal place of business is located and by making demand upon any liability insurance carrier of the manufacturer whose identity is known to plaintiff before attempting to collect the judgment from the seller or the seller's liability insurance carrier. The return of a writ of execution partially or wholly unsatisfied or the failure of the manufacturer's insurance carrier to pay the judgment upon demand shall be deemed full compliance with the plaintiff's obligation to attempt to collect from the manufacturer.

C. In any product liability action the manufacturer of the product shall be indemnified by the seller of the product for any judgment rendered against the manufacturer and shall also reimburse the manufacturer for reasonable attorneys' fees and costs incurred in defending such action, if the seller provided the plans or specifications for the manufacture or preparation of the product and such plans or specifications were a substantial cause of the product's alleged defect and if the product was manufactured in compliance with and according to the plans or specifications of the seller. If a judgment is rendered in favor of the plaintiff and a manufacturer is granted indemnity against a seller, the plaintiff shall first attempt to satisfy the judgment by levying execution upon the seller in this state or in the state where the seller's principal place of business is located and by making demand upon any liability insurance carrier of the seller whose identity is known to plaintiff before attempting to collect the judgment from the manufacturer or manufacturer's liability insurance carrier. The return of a writ of execution partially or wholly unsatisfied or the failure of the seller's insurance carrier to pay the judgment upon demand shall be deemed full compliance with the plaintiff's obligation to attempt to collect from the seller. The provisions of this subsection shall not apply if the manufacturer had knowledge or with the exercise of reasonable and diligent care should have had knowledge of the defect in the product.
A.R.S. § 12-2507 — Arizona Code / Title 12 / Chapter 16 / Article 1 / Section 2507
12-2507 Treatment of counterclaims and cross claims
Status: in_force

12-2507. Treatment of counterclaims and cross claims

A counterclaim or cross claim for injury to person or property or for wrongful death shall be treated as an independent claim for purposes of section 12-2506. A claim and counterclaim shall not be set off against each other except by agreement of both parties.
A.R.S. § 12-312 — Arizona Code / Title 12 / Chapter 3 / Article 2 / Section 312
12-312 Fees for intervenors and new parties
Status: in_force

12-312. Fees for intervenors and new parties

A. A person intervening in a civil action in the superior court shall pay the same fees required to be paid by a plaintiff.

B. A person brought in as a party plaintiff or defendant by either party to an action or by order of the court shall pay the fee of a plaintiff or a defendant, as the case may be, as provided in section 12-284.
A.R.S. § 12-1584 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1584
12-1584 Judgment against garnishee; objection; hearing
Status: in_force

12-1584. Judgment against garnishee; objection; hearing

A. In a garnishment of monies or indebtedness, if the answer shows that the garnishee was indebted to the judgment debtor at the time of service of the writ, and no objection to the writ or answer is timely filed, on application by the judgment creditor the court shall enter judgment on the writ against the garnishee for the amount of the nonexempt monies of the judgment debtor owed or held by the garnishee at the time of service of the writ.

B. If a timely objection is filed the court, after hearing evidence and argument, shall determine whether the writ is valid against the judgment debtor, what amount is presently due and owing on the underlying judgment and what amount of nonexempt monies, if any, the garnishee was holding for or owed to the judgment debtor at the time the writ was served, and the court shall enter judgment on the writ against the garnishee for that amount or enter an order discharging the garnishee if no nonexempt monies are determined owing.

C. The judgment creditor shall deliver a copy of the judgment on the writ against the garnishee to the garnishee and the judgment debtor, and on receipt of a copy of the judgment entered by the court the garnishee shall immediately transfer the adjudged nonexempt monies to the judgment creditor.

D. A judgment pursuant to subsection A or B shall not be for more than the amount of the outstanding balance of the underlying judgment, including accrued interest and costs and attorney fees, if awarded.

E. The court, sitting without a jury, shall decide all issues of fact and law.
A.R.S. § 12-119 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 119
12-119 Facilities management
Status: in_force

12-119. Facilities management

The supreme court may obtain operational and maintenance assistance from the department of administration and security assistance from the department of public safety for any supreme court facility or may employ personnel or contract for outside services for the operation, maintenance and security of such facility. The supreme court and division one of the court of appeals shall be housed in the Arizona courts building.  For the purposes of this section, security does not mean security services related to building operation and maintenance functions provided by the department of administration.
A.R.S. § 12-2701 — Arizona Code / Title 12 / Chapter 18 / Article 1 / Section 2701
12-2701 Definitions
Status: in_force

12-2701. Definitions

In this chapter, unless the context otherwise requires:

1. "Immigration or naturalization matter" includes all matters implicating any law, action, filing or proceeding related to a person's immigration or citizenship status in the United States.

2. "Original document" means any document of the United States government or any department or agency of the United States government, any foreign government, any state government or any political subdivision of any state, any United Nations document or any other document, including signed affidavits, that would demonstrate physical presence by a person in the United States.

3. "Unauthorized practice of immigration and nationality law" means:

(a) The act of any person appearing in any case, either in person or through preparation or filing of any brief or other document, paper, application or petition on behalf of another person or client before or with the immigration and naturalization service, or any officer of the immigration and naturalization service, the executive office for immigration review or the board of immigration appeals, without authorization under this chapter.

(b) The study of the facts of a case and the applicable laws, coupled with giving advice and auxiliary activities, including the incidental preparation of papers, without authorization under this chapter, but does not include the lawful functions of a notary public, nonprofit organization or service consisting solely of assistance in the completion of blank spaces on printed immigration and naturalization service forms by a person whose remuneration, if any, is nominal and who does not hold himself out as qualified in legal matters or in immigration and naturalization procedure.
A.R.S. § 12-1126 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1126
12-1126 Final order of condemnation; recording; vesting of property
Status: in_force

12-1126. Final order of condemnation; recording; vesting of property

A. When the final judgment has been satisfied and all unpaid property taxes which were levied as of the date of the order for immediate possession, including penalties and interest, on the property that is the subject of the condemnation action have been paid, the court shall make a final order of condemnation, describing the property condemned and the purposes of the condemnation.

B. A copy of the order shall be recorded in the office of the county recorder of the county or counties in which the property is located, and thereupon the property described shall vest in plaintiff for the purposes therein specified.
A.R.S. § 12-112 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 112
12-112 Education program for justices and magistrates
Status: in_force

12-112. Education program for justices and magistrates

The supreme court shall establish a program of continuing education for justices of the peace and magistrates. The program shall include such courses of study as the supreme court deems necessary or desirable.
A.R.S. § 12-685 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 685
12-685 Contents of complaint; amount of recovery
Status: in_force

12-685. Contents of complaint; amount of recovery

In any product liability action no dollar amount or figure shall be included in the complaint. The complaint shall pray for such damages as are reasonable in the premises. The complaint shall include a statement reciting that the jurisdictional amount established for filing the action is satisfied.
A.R.S. § 12-1644 — Arizona Code / Title 12 / Chapter 9 / Article 9 / Section 1644
12-1644 Issuance of execution for repayment and contribution
Status: in_force

12-1644. Issuance of execution for repayment and contribution

If there is more than one surety and one or more of them has failed to pay his proportionate part of the judgment, execution may issue, as provided in section 12-1643, against the principal for the use of the surety who has paid more than his proportionate part for the whole amount paid by him, and interest thereon, and also against his cosureties for their proportionate parts of the excess paid by him, and interest thereon.
A.R.S. § 12-322 — Arizona Code / Title 12 / Chapter 3 / Article 3 / Section 322
12-322 Notice of prepayment; effect of failure to pay
Status: in_force

12-322. Notice of prepayment; effect of failure to pay

A. The clerk of the supreme court, upon receipt of the index of record on an appeal, shall notify the appellant or the appellant's attorney that the record has been received and will be filed upon payment of the fee provided in section 12-321. If the fee is not paid within ten days after receiving notice, the appeal shall be deemed abandoned and the record returned to the court from which it came, and the judgment may be enforced as if no appeal had been taken.

B. The clerk, in like manner, shall notify the appellee or the appellee's attorney of the time of filing the index of record, and unless the fee provided in section 12-321 is paid within ten days after the filing, the appellee shall not be entitled to be heard.
A.R.S. § 12-683 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 683
12-683 Affirmative defenses
Status: in_force

12-683. Affirmative defenses

In any product liability action, a defendant shall not be liable if the defendant proves that any of the following applies:

1. The defect in the product is alleged to result from inadequate design or fabrication, and if the plans or designs for the product or the methods and techniques of manufacturing, inspecting, testing and labeling the product conformed with the state of the art at the time the product was first sold by the defendant.

2. The proximate cause of the incident giving rise to the action was an alteration or modification of the product that was not reasonably foreseeable, made by a person other than the defendant and subsequent to the time the product was first sold by the defendant.

3. The proximate cause of the incident giving rise to the action was a use or consumption of the product that was for a purpose, in a manner or in an activity other than that which was reasonably foreseeable or was contrary to any express and adequate instructions or warnings appearing on or attached to the product or on its original container or wrapping, if the intended consumer knew or with the exercise of reasonable and diligent care should have known of such instructions or warnings.

4. The proximate cause of the incident or incidents giving rise to the action was the repeated consumption of a food product that is not defective and unreasonably dangerous if consumed in reasonable quantities.
A.R.S. § 12-331 — Arizona Code / Title 12 / Chapter 3 / Article 4 / Section 331
12-331 Taxable costs in supreme court
Status: in_force

12-331. Taxable costs in supreme court

Costs in the supreme court shall include:

1. The amount paid to the clerk of that court.

2. The amount paid to the clerk of the superior court for certified copies of the record and for transmitting it.

3. The cost of printing or typing the abstract of record and briefs.

4. The amount paid for the transcript of the notes of the reporter of the superior court.

5. Such other disbursements as may have been incurred pursuant to an order of the court or agreement of the parties.
A.R.S. § 12-2801 — Arizona Code / Title 12 / Chapter 19 / Article 1 / Section 2801
12-2801 Definitions
Status: in_force

12-2801. Definitions

In this chapter, unless the context otherwise requires:

1. "Genetic test" or "genetic testing":

(a) Means a test of a person's genes, genetic sequence, gene products or chromosomes for abnormalities or deficiencies, including carrier status, that:

(i) Are linked to physical or mental disorders or impairments.

(ii) Indicate a susceptibility to any illness, disease, impairment or other disorder, whether physical or mental.

(iii) Demonstrate genetic or chromosomal damage due to any environmental factor.

(b) Does not include:

(i) Chemical, blood and urine analyses that are widely accepted and used in clinical practice and that are not used to determine genetic traits.

(ii) Tests used in a criminal investigation or prosecution or as a result of a criminal conviction.

(iii) Tests for the presence of the human immunodeficiency virus.

(iv) Tests to determine paternity conducted pursuant to title 25, chapter 6, article 1.

(v) Tests given for use in biomedical research that is conducted to generate scientific knowledge about genes or to learn about the genetic basis of disease or for developing pharmaceutical and other treatment of disease.

2. "Health care decision maker" means a person who is authorized to make health care treatment decisions for the patient, including a parent of a minor and a person who is authorized to make these decisions pursuant to title 14, chapter 5, article 2 or 3 or section 8-514.05, 36-3221, 36-3231 or 36-3281.

3. "Health care provider" means physicians licensed pursuant to title 32, chapter 13, 14 or 17, physician assistants licensed pursuant to title 32, chapter 25, registered nurse practitioners licensed pursuant to title 32, chapter 15, health care institutions as defined in section 36-401 and clinical laboratories licensed pursuant to title 36, chapter 4.1.
A.R.S. § 12-3003 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3003
12-3003 Applicability
Status: in_force

12-3003. Applicability

A. Except as provided in subsection B:

1. This chapter governs an agreement to arbitrate made on or after January 1, 2011.

2. This chapter governs an agreement to arbitrate made before January 1, 2011 if all the parties to the agreement or to the arbitration proceeding so agree in a record.

3. On or after January 1, 2011, this chapter governs an agreement to arbitrate whenever made.

B. Beginning January 1, 2011 this chapter shall not apply to an agreement to arbitrate any existing or subsequent controversy:

1. Between an employer and employee or their respective representatives.

2. Contained in a contract of insurance.

3. Between a national banking association or a federal savings association or its affiliate, subsidiary or holding company and any customer.

4. If the arbitration is conducted or administered by a self-regulatory organization as defined in the securities exchange act of 1934 (15 United States Code section 78c), the commodity exchange act (7 United States Code chapter 1) or regulations adopted under those acts.

C. An agreement to arbitrate that is described in subsection B, paragraphs 2, 3 and 4 shall be governed by chapter 9, article 1 of this title.
A.R.S. § 12-1501 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1501
12-1501 Validity of arbitration agreement
Status: in_force

12-1501. Validity of arbitration agreement

A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract.
A.R.S. § 12-1592 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1592
12-1592 Obedience of garnishee to judgment as bar
Status: in_force

12-1592. Obedience of garnishee to judgment as bar

It shall be a sufficient answer to any claim of the judgment debtor against the garnishee founded on any indebtedness of the garnishee, or on the possession by him of any property, or if the garnishee is a corporation in which the judgment debtor was the owner of shares of stock or other interest in the corporation, for the garnishee to show that the indebtedness has been paid, that the property has been delivered or that the shares of stock or other interest has been sold under judgment of the court in accordance with the provisions of this article.
A.R.S. § 12-1843 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1843
12-1843 Words construed
Status: in_force

12-1843. Words construed

The word "person" wherever used in this article shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
A.R.S. § 12-2704 — Arizona Code / Title 12 / Chapter 18 / Article 1 / Section 2704
12-2704 Unlawful practices; investigation
Status: in_force

12-2704. Unlawful practices; investigation

An act or practice in violation of this chapter constitutes an unlawful practice under section 44-1522.  The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.
A.R.S. § 12-2265 — Arizona Code / Title 12 / Chapter 13 / Article 6 / Section 2265
12-2265 Marriage certificate as prima facie evidence of marriage; other evidence competent to prove marriage
Status: in_force

12-2265. Marriage certificate as prima facie evidence of marriage; other evidence competent to prove marriage

A certificate of marriage executed in accordance with the laws of this state or a foreign state or country, or the record thereof, or a certified copy of such record shall be prima facie evidence of the facts therein stated in any proceeding, civil or criminal, in which the matter is in question. When the marriage is to be proved, evidence of the admission of such fact by the adverse party, or evidence of general repute, or evidence of cohabitation as married persons, or other evidence from which the fact may be inferred, is competent.
A.R.S. § 12-107 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 107
12-107 Publication of opinions
Status: in_force

12-107. Publication of opinions

The supreme court and, pursuant to section 12-120.07, the court of appeals shall publish their opinions as soon as practicable after they are announced. The opinions shall be published in suitable volumes which shall contain appropriate headnotes, tables of cases reported, and tables of statutes cited and construed. Each volume shall also contain a digest of the law in the reported cases and the words and phrases construed. The volumes shall, with the approval of the court, be printed and bound.
A.R.S. § 12-522 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 522
12-522 Real property claimed only by right of possession; two year limitation
Status: in_force

12-522. Real property claimed only by right of possession; two year limitation

When a party in possession claims real property by right of possession only, actions to recover possession from him shall be commenced within two years after the cause of action accrues and not afterward. In such actions defendant is not required to show title or color of title from and under the sovereignty of the soil as against the plaintiff who shows no better right.
A.R.S. § 12-1123 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1123
12-1123 Accrual of right to compensation and damages; limitation
Status: in_force

12-1123. Accrual of right to compensation and damages; limitation

A. For the purpose of assessing compensation and damages, the right to compensation and damages shall be deemed to accrue at the date of the summons, and its actual value at that date shall be the measure of compensation and damages.

B. If there is an order for immediate possession before the final judgment, the compensation and damages awarded shall draw interest from the date the order is entered by the court. If the defendant is allowed to withdraw money deposited by the plaintiff pursuant to section 12-1116, subsection M, the defendant is entitled to interest on the money that the defendant is allowed to withdraw from the date the order for immediate possession is signed by the court until the date of the withdrawal.

C. No improvements placed upon the property subsequent to the date of service of the summons shall be included in the assessment of compensation or damages.

D. If an order is made letting plaintiff into possession before the recording of the final order of condemnation, the plaintiff shall record the order in the office of the county recorder of the county or counties in which the property is located and on the recording so much of the defendant's property as is affected by the order shall immediately be granted tax exempt status for future tax rolls and any unpaid property taxes that have been levied, including penalties and interest, on the property shall be paid to the county treasurer in the county in which the property is located pursuant to section 12-1116.
A.R.S. § 12-568 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 568
12-568 Review of attorneys' fees in health care actions; guidelines
Status: in_force

12-568. Review of attorneys' fees in health care actions; guidelines

A. The court shall, at the request of any party in any action under this chapter, determine the reasonableness of each party's attorneys' fees. The court shall take into consideration the following:

1. The time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal services properly.

2. The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.

3. The fee customarily charged in the locality for similar legal services.

4. The amount involved and the results obtained.

5. The time limitations imposed by the client or by the circumstances.

6. The nature and length of the professional relationship with the client.

7. The experience, reputation and ability of the lawyer or lawyers performing the services.

8. Whether the fee is fixed or contingent.

B. In the event that any party requests a determination of the reasonableness of a party's attorneys' fees pursuant to subsection A, the court shall complete such determination within twenty days of the request.
A.R.S. § 12-1288 — Arizona Code / Title 12 / Chapter 8 / Article 11 / Section 1288
12-1288 Right to rents and profits; accounting and action
Status: in_force

12-1288. Right to rents and profits; accounting and action

A. The purchaser, from the time of the sale until redemption, and a creditor from the time of his redemption until another redemption, is entitled to receive from the tenant in possession the rents of the property sold or the value of the use and occupation thereof. When the rents or profits have been received by the purchaser or prior redemptioner, preceding redemption, the amount thereof shall be a credit upon the redemption money to be paid.

B. If the redemptioner or judgment debtor, before expiration of the time allowed for redemption, demands, in writing, of the purchaser or prior redemptioner a written and certified statement of the amounts of the rents and profits thus received, the period for redemption is extended five days after the sworn statement is given.

C. If the purchaser or prior redemptioner, for a period of one month after demand fails or refuses to give the statement as provided in subsection B, the redemptioner or debtor may bring an action to compel an accounting and disclosure of the rents and profits, and the right of redemption is extended until fifteen days from and after the final determination of the action.
A.R.S. § 12-888 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 888
12-888 Concurrent authority of the department of revenue
Status: in_force

12-888. Concurrent authority of the department of revenue

A. The department of revenue shall have concurrent authority with the department of law as prescribed by subsection C of section 41-193.

B. The department of revenue shall institute investigations for discovery of property which may have escheated or would escheat to the state, and for such purpose, through the department of law, may require any person before the superior court to answer investigations, produce books and render accounts relating to the property. The director of the department of revenue, through the department of law, may institute action in the superior court of the county in which the property is located for recovery of escheats.
A.R.S. § 12-144 — Arizona Code / Title 12 / Chapter 1 / Article 3 / Section 144
12-144 Limitations; term; reappointment; extension of duties; powers and duties
Status: in_force

12-144. Limitations; term; reappointment; extension of duties; powers and duties

A. The chief justice of the supreme court may appoint a judge pro tempore of the superior court for a county pursuant to section 12-141 without regard to the number of judges that are prescribed by section 12-121.

B. The term of a judge pro tempore may be for any period of time not to exceed twelve months for any one term.  The chief justice may reappoint a person who was previously appointed as a judge pro tempore. The chief justice may at any time terminate the term of a judge pro tempore.

C. The judicial powers and duties of a judge pro tempore shall extend beyond the period of the judge pro tempore's appointment for the purpose of hearing and determining any proceeding necessary to a final determination of a cause heard by the judge in whole or in part during the period of the judge's appointment.

D. The powers and duties of a judge pro tempore of the superior court are the same as are provided for superior court judges in article 2 of this chapter.