A.R.S. § 12-251 — Arizona Code / Title 12 / Chapter 2 / Article 6 / Section 251
12-251 Adult probation officers and support staff; appointment; qualifications
Status: in_force

12-251. Adult probation officers and support staff; appointment; qualifications

A. The presiding judge of the superior court in each county shall appoint a chief adult probation officer who shall serve at the pleasure of the presiding judge. Such chief adult probation officer, with the approval of the presiding judge of the superior court, shall appoint such deputy adult probation officers and support staff as are necessary to provide presentence investigations and supervision services to the court. Presentence investigations and probation services may be provided to the justice courts in each county for persons who are convicted of violating section 28-1381 or 28-1382 or title 13, chapter 14, 35.1 or 36 and who are placed on supervised probation by the court. Presentence investigations and supervised probation services may be provided by a county probation office to a municipal court through an intergovernmental agreement entered into by the respective county and municipality. On approval of the presiding judge and in accordance with policies and procedures developed by the supreme court, the presiding judge of the superior court may direct that presentence investigations and supervised probation services be provided for other persons if a risk of violence exists or if it would be in the best interest of justice. Those deputy adult probation officers engaged in case supervision shall supervise no more than an average of sixty-five adults who reside in the county on probation to the court. Such deputy adult probation officers shall hold office under rules and procedures established by the supreme court.

B. Each adult probation officer appointed pursuant to subsection A of this section shall give bond in the principal amount to be fixed by the court and approved by the judge making the appointment, conditioned upon the faithful performance by such officer of the officer's official duties and the payment of all monies coming into the officer's possession as such officer to the person, officer or body entitled to receive the monies. Any adult probation officer covered by a blanket faithful performance bond payable to the county or covered by state risk management shall be deemed to be in compliance with this section.

C. Probation department personnel shall qualify under minimum standards of experience and education established by the supreme court. Such standards may differ for counties of less than three hundred thousand persons from counties with three hundred thousand persons or more. Notwithstanding section 12-265, any additional salary costs that might be required as a result of the adoption of minimum salary standards by the supreme court may be paid by funds made available to the probation department pursuant to sections 12-267 and 12-268 or by the supreme court.

D. Presently appointed adult probation officers who qualify under subsection C of this section shall be retained in their position as long as they are qualified.
A.R.S. § 12-1181 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1181
12-1181 Trial and judgment on appeal; writ of restitution
Status: in_force

12-1181. Trial and judgment on appeal; writ of restitution

A. On trial of the action in the superior court, appellee, if out of possession and the right of possession is adjudged to him, shall be entitled to damages for withholding possession of the premises during pendency of the appeal and the court shall also render judgment in favor of appellee and against appellant and the sureties on his bond for damages proved and costs.

B. The writ of restitution or execution shall be issued by the clerk of the superior court and shall be executed by the sheriff or constable as in other actions.
A.R.S. § 12-601 — Arizona Code / Title 12 / Chapter 6 / Article 1 / Section 601
12-601 Application; venue; judgment; sealing of record
Status: in_force

12-601. Application; venue; judgment; sealing of record

A. A person who desires to change the person's name and to adopt another name may file an application in the superior court in the county of the person's residence, setting forth reasons for the change of name and the name the person wishes to adopt. The court may enter judgment that the adopted name of the party be substituted for the original name.  The court shall consider the criteria under subsection C of this section in determining whether to enter judgment that the adopted name of the party be substituted for the original name.

B. The parent, guardian ad litem or next friend of a minor may file an application for change of the name of the minor in the county of the minor's residence. The court shall consider the best interests of the minor and the criteria that apply to the minor under subsection C of this section in determining whether to enter judgment that the name of the minor be changed.

C. A person who files an application for change of name shall indicate under penalty of perjury:

1. If the person has been convicted of a felony.

2. If felony charges are pending in any jurisdiction against the person for any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity.

3. If the person is knowingly changing the person's name to that of another individual for the purpose of committing or furthering the commission of any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements.

4. The person is making the application solely for the best interest of the person.

5. The person acknowledges that the change of name will not release the person from any obligations incurred or harm any rights of property or actions in the original name.

D. Notwithstanding any law to the contrary, a victim as defined in section 13-4401 or a prosecutor has standing to contest any legal name change at any time before the entry of judgment or up to one year after entry of judgment.

E. On entering a conviction for an offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity, the superior court may enter an order setting aside a change of name judgment or deny any pending application.

F. On request of a person who files an application for a change of name, the court may seal the change of name application and judgment.  The information in the application and judgment shall not be disclosed and is not a public record.  A person who obtained a judgment on or after January 1, 2009 may request that the court seal the application and judgment pursuant to this subsection. For the purposes of this subsection, "person" means a person who is protected under an order of protection or injunction against harassment or a person who is the victim of an offense involving stalking as prescribed in section 13-2923 or an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of section 13-2923.
A.R.S. § 12-1011 — Arizona Code / Title 12 / Chapter 7 / Article 13 / Section 1011
12-1011 Liability for animal rescue costs
Status: in_force

12-1011. Liability for animal rescue costs

An owner is liable to this state or a political subdivision of this state for the expenses incurred by this state or a political subdivision of this state in rescuing animals that belong to the owner if the animals have been cruelly treated or neglected and the owner has been convicted of a violation of section 13-2910.
A.R.S. § 12-781 — Arizona Code / Title 12 / Chapter 6 / Article 18 / Section 781
12-781 Transportation or storage of firearms; motor vehicles; applicability
Status: in_force

12-781. Transportation or storage of firearms; motor vehicles; applicability

A. A property owner, tenant, public or private employer or business entity shall not establish, maintain or enforce a policy or rule that prohibits a person from lawfully transporting or lawfully storing any firearm that is both:

1. In the person's locked and privately owned motor vehicle or in a locked compartment on the person's privately owned motorcycle.

2. Not visible from the outside of the motor vehicle or motorcycle.

B. Any policy or rule that is established or maintained or the attempted enforcement of any policy or rule that is in violation of subsection A is contrary to public policy, is null and void and does not have legal force or effect.

C. This section does not apply if:

1. The possession of the firearm is prohibited by federal or state law.

2. The motor vehicle is owned or leased by a public or private employer or business entity and is used by an employee in the course of the employment, unless the employee is required to store or transport a firearm in the official discharge of the employee's duties or if the public or private employer or business entity consents to the transportation or storage of the firearm.

3. The property owner, tenant, public or private employer or business entity provides a parking lot, parking garage or other area designated for parking motor vehicles, that:

(a) Is secured by a fence or other physical barrier.

(b) Limits access by a guard or other security measure.

(c) Provides temporary and secure firearm storage.  The storage shall be monitored and readily accessible on entry into the premises and allow for the immediate retrieval of the firearm on exit from the premises.

4. The property owner's, tenant's, public or private employer's or business entity's compliance with this section necessitates the violation of another applicable federal or state law or regulation.

5. The property owner, tenant, public or private employer or business entity is a nuclear generating station that provides a secured and gated or fenced parking lot, parking garage or other area designated for parking motor vehicles and provides temporary and secure firearm storage. The storage shall be readily accessible on entry into the premises and allow for the immediate retrieval of the firearm on exit from the premises.

6. The parking lot, parking garage or other area designated for parking motor vehicles is on an owner occupied single family detached residence or a tenant occupied single family detached residence.

7. The property owner, tenant, public or private employer or business entity is a current United States department of defense contractor and the property is located in whole or in part on a United States military base or a United States military installation.  If any part of the property is not located on the United States military base or United States military installation, the property shall be contiguous with the base or installation.

8. The property owner, tenant, public or private employer or business entity provides alternative parking in a location reasonably proximate to the primary parking area for individuals who desire to transport or store a firearm in the individual's motor vehicle and does not charge an extra fee for such parking.
A.R.S. § 12-2412 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2412
12-2412 Waiver of right to a hearing void
Status: in_force

12-2412. Waiver of right to a hearing void

Notwithstanding any agreement to the contrary, a waiver of the right to a hearing provided by this article shall be void and unenforceable.
A.R.S. § 12-1613 — Arizona Code / Title 12 / Chapter 9 / Article 6 / Section 1613
12-1613 Docketing and recording affidavit of renewal; effect
Status: in_force

12-1613. Docketing and recording affidavit of renewal; effect

A. The clerk shall docket the affidavit of renewal in the proper docket and shall enter in the proper docket forthwith, after the statement of the original judgment, the date and fact of the renewal, and the amount for which the judgment is renewed.

B. The entry and docketing of the affidavit by the clerk shall renew the judgment for a period of ten years from the time of docketing.  An order of the court, or other action by a judge, is not necessary to complete the renewal.

C. No lien on or against the real property of the judgment debtor shall be continued by an affidavit of renewal until a copy of the affidavit, certified by the clerk of the court, is recorded in the office of the county recorder.

D. From and after recordation of the copy of the affidavit of renewal, certified by the clerk of the court, the judgment shall be a lien to the extent of the balance shown in the affidavit of renewal against all real property of the judgment debtor, except such as is exempt from execution, including interest in the homestead, for a period of ten years from the date of docketing the affidavit of renewal with the clerk.

E. A copy of the renewal affidavit and of the docket entries thereon, certified by the clerk of the court wherein they are filed, may be docketed in any other county of the state in which a transcript of the original judgment was filed, and a copy of the renewal affidavit may be recorded with the county recorder of any county wherein the original judgment has been previously filed or docketed or wherein the judgment creditor desires the judgment to become a lien on real property of the judgment debtor.
A.R.S. § 12-2104 — Arizona Code / Title 12 / Chapter 12 / Article 1 / Section 2104
12-2104 Remittitur or additur by supreme court
Status: in_force

12-2104. Remittitur or additur by supreme court

A. The supreme court may order that if the party who has recovered damages shall, within such time as the court may fix, file a remittitur from the judgment of the amount which the court deems excessive, the judgment as to the remainder of the damages shall be affirmed, otherwise reversed and a new trial ordered.

B. If the supreme court deems the judgment inadequate and insufficient it may order that if both parties consent to the entry of judgment for such amount as the court deems adequate, the court from which the appeal was taken shall render judgment for such amount, and that in case of failure to so consent, the judgment shall be reversed.
A.R.S. § 12-1623 — Arizona Code / Title 12 / Chapter 9 / Article 7 / Section 1623
12-1623 Postponement of sale
Status: in_force

12-1623. Postponement of sale

The officer may postpone the sale from time to time by continuing the posting and publication of the notice until the day to which the sale is postponed, and appending at the foot thereof upon each successive postponement the following:

"The above sale is postponed until the _________________ day of ________, 19__, at ________ o'clock ____ m. ______________________ (name and official title)."
A.R.S. § 12-992 — Arizona Code / Title 12 / Chapter 7 / Article 12 / Section 992
12-992 Residential property nuisances; temporary restraining order; notice; hearing; costs
Status: in_force

12-992. Residential property nuisances; temporary restraining order; notice; hearing; costs

A. If the existence of a nuisance on a residential property as described in section 12-991 is shown in the action to the satisfaction of the court either by verified complaint or affidavit and the court finds that the owner, the owner's managing agent or the party responsible for the property knew or had reason to know of the criminal activity and failed to take reasonable, legally available actions to abate the nuisance, the court shall enter a temporary restraining order to abate and prevent continuance or recurrence of the criminal activity.  The court may issue any other order that is reasonably necessary to abate the criminal activity.  The complaint shall be verified unless it is filed by the attorney general or a county or city attorney.

B. Notice of the entry of a restraining order, copies of the restraining order and the complaint, and notice of an opportunity for a hearing shall be served on the defendant named in the action or on the statutory agent, if applicable.  Service shall be made pursuant to section 12-991.

C. Notice of the entry of a restraining order, copies of the restraining order and the complaint, and a notice of the possibility of a hearing shall be served on any legal occupant whom the plaintiff believes may claim an interest related to the property that is the subject of the action. Notice may be served personally, by first class mail or by posting on the occupant's door.  The name of the legal occupant is not required to be included on the notice.

D. The notice required by subsection C of this section of the possibility of a hearing shall be printed in at least twelve point type in substantially the following form:

Notice

A notice of a nuisance action has been delivered to your property owner or managing agent (landlord).  A copy of that notice is attached.  If your property owner or managing agent does not remedy the problem, the appropriate government authority is authorized to abate, or end, the nuisance. This could include a closing order that may require you to move out and remove all your belongings.  If you do not exercise your right to appear in the case, you may lose your right to contest a closing order or present other concerns.

You may request the court, the name of which is on the attached notice, to permit you to appear in the action.

E. Any action filed pursuant to this article shall not be stayed or dismissed due to the failure to serve notice pursuant to subsection C of this section if a good faith attempt is made to serve the notice.

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

G. A hearing shall be scheduled within ten days after a verified answer and request for a hearing is filed.  The court may order any discovery that it considers to be reasonably necessary and appropriate.

H. Any legal occupant who claims an interest related to the property that is the subject of the action and who is so situated that the disposition of the action may as a practical matter impair or impede the person's ability to protect that interest shall be permitted to intervene in the action.

I. At the hearing, evidence of the general reputation of the property, building or place is admissible for the purpose of proving the existence of the nuisance.

J. If at the hearing the court determines that reasonable grounds exist to believe that a nuisance, as described in section 12-991, exists, the court shall issue a permanent injunction abating the criminal activity and may do any of the following:

1. Issue any other order that is reasonably necessary to abate the criminal activity, including orders to pay damages.

2. Award expenses incurred in abating the nuisance, including the costs of investigation and enforcement of the restraining order, temporary injunction or permanent injunction, the costs of compensation for a temporary receiver, the expenditures incurred by a temporary receiver and reasonable attorney fees.

3. Order a civil penalty of not more than ten thousand dollars.

4. Order the appointment of a temporary receiver pursuant to section 12-996.

5. Issue a closing order pursuant to section 12-997.

K. If an answer to the complaint is not filed or a hearing is not requested, the allegations are deemed to be admitted.  The court shall enter judgment for the plaintiff and shall issue a permanent injunction abating the criminal activity.

L. On entry of a second or subsequent injunction under this section within a three year period, the court may order the property owner to pay three times the costs of the abatement.  For the purposes of this subsection, "costs" includes all of the costs provided for in subsection J of this section.

M. The court shall terminate a restraining order and dismiss the complaint that was issued solely based on criminal activity committed by a tenant if the defendant attempts a forcible entry and detainer action against the tenant, unless the court finds that the defendant prosecuted the forcible entry and detainer action in bad faith.
A.R.S. § 12-1242 — Arizona Code / Title 12 / Chapter 8 / Article 8 / Section 1242
12-1242 Application for appointment of receiver; verification; service; notice of hearing; restraining order pending hearing
Status: in_force

12-1242. Application for appointment of receiver; verification; service; notice of hearing; restraining order pending hearing

An application for the appointment of a receiver shall be in writing, supported by affidavit and served upon the adverse party, together with reasonable notice of the time of hearing. The adverse party may file counteraffidavits, and the counteraffidavits, with such testimony as the court admits, shall be considered on hearing the application. The court may restrain the adverse party from removing, secreting or otherwise disposing of the property to the injury of the applicant, pending hearing the application for appointment of a receiver.
A.R.S. § 12-2232 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2232
12-2232 Husband and wife; privileged communications; permissible examination
Status: in_force

12-2232. Husband and wife; privileged communications; permissible examination

A. A husband or wife, during the marriage or afterward, without the consent of the other, shall not be examined as to any communications made by one to the other during the marriage, except:

1. In an action for divorce or a civil action by one against the other.

2. In a criminal action or proceeding as provided in the criminal code.

3. In an action for damages against another person for adultery committed by either husband or wife.

B. In a hearing conducted pursuant to title 36, chapter 5, a husband or wife, during the marriage or afterward, without the consent of the other, may be examined as to any communications, physical acts or behaviors made by one to the other during the marriage that relate to the matters at issue in the hearing.
A.R.S. § 12-504 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 504
12-504 Saving of action timely commenced; defense or counterclaim; improper plaintiff; applicability
Status: in_force

12-504. Saving of action timely commenced; defense or counterclaim; improper plaintiff; applicability

A. If an action is commenced within the time limited for the action, and the action is terminated in any manner other than by abatement, voluntary dismissal, dismissal for lack of prosecution or a final judgment on the merits, the plaintiff, or a successor or personal representative, may commence a new action for the same cause after the expiration of the time so limited and within six months after such termination. If an action timely commenced is terminated by abatement, voluntary dismissal by order of the court or dismissal for lack of prosecution, the court in its discretion may provide a period for commencement of a new action for the same cause, although the time otherwise limited for commencement has expired. Such period shall not exceed six months from the date of termination.

B. The provisions of subsection A apply to judgments on appeal. The date of issuance of the mandate by the appellate court constitutes the date of termination of the action for the purposes of computing the time limited for commencement of the new action.

C. If a new action on the same cause of action is commenced by the plaintiff, his successor or his personal representative, the assertion of any cause of action or defense by the defendant in the new action is timely if it was or could have been timely asserted in the prior action.

D. If an action timely commenced is dismissed because the named plaintiff is not the proper party to bring the action, the provisions of this section apply to an action subsequently brought by the proper party, provided that the dismissed action was sufficient to put the defendant on notice of the claim sought to be asserted.

E. The provisions of this section are applicable to actions terminated by orders of dismissal entered on or after the effective date of this section.
A.R.S. § 12-1201 — Arizona Code / Title 12 / Chapter 8 / Article 6 / Section 1201
12-1201 Private way of necessity defined
Status: in_force

12-1201. Private way of necessity defined

"Private way of necessity" as used in this article means right of way on, over, across, or through the land of another for means of ingress and egress, and the construction and maintenance thereon of roads, overhead transmission lines, pole lines, power lines, canals, ditches, flumes, shafts, tunnels, pipe lines, drains, including, but not limited to, embankments, diversion dams, dikes, ditches, canals, flumes and levees for the purpose of removing water from land or preventing accumulation of water on land, and tramways, including, but not limited to, aerial tramways and industrial railroads, for mining, milling, lumbering, agricultural, domestic or sanitary purposes.
A.R.S. § 12-2213 — Arizona Code / Title 12 / Chapter 13 / Article 2 / Section 2213
12-2213 Privilege from arrest; exceptions
Status: in_force

12-2213. Privilege from arrest; exceptions

A witness shall be privileged from arrest, except for treason, felony and breach of the peace, during his attendance at court, and in going to and returning therefrom, allowing one day for each twenty-five miles from his place of abode.
A.R.S. § 12-105 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 105
12-105 Days for transaction of business
Status: in_force

12-105. Days for transaction of business

The supreme court shall at all times be open for transaction of business except on nonjudicial days.
A.R.S. § 12-3011 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3011
12-3011 Appointment of arbitrator; service as a neutral arbitrator
Status: in_force

12-3011. Appointment of arbitrator; service as a neutral arbitrator

A. If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed unless the method fails.  If the parties have not agreed on a method, the agreed method fails or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator.  An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.

B. An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.
A.R.S. § 12-558.03 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 558.03
12-558.03 Limited liability; employer hiring or contracting with ex-offenders; exclusions; definitions
Status: in_force

12-558.03. Limited liability; employer hiring or contracting with ex-offenders; exclusions; definitions

A. An employer is not liable for hiring an employee or contracting with an independent contractor who has previously been convicted of a criminal offense.

B. In a negligent hiring action that is filed against an employer for the acts of an employee or independent contractor and that is based on a theory of liability other than as described in subsection A of this section, the fact that the employee or independent contractor was previously convicted of a criminal offense before the employee's employment or independent contractor's contractual obligation began with the employer may not be introduced into evidence.

C. This section does not preclude an existing cause of action for the failure of an employer to provide adequate supervision of an employee or independent contractor, except that the fact that the employee or independent contractor has previously been convicted of a criminal offense may be introduced into evidence if the employer knew of the conviction or was grossly negligent in not knowing of the conviction and the conviction was directly related to the nature of the employee's or independent contractor's work and the conduct that gave rise to the alleged injury that is the basis of the cause of action.

D. The protections provided to an employer pursuant to this section do not apply in a cause of action based on any of the following:

1. The misuse of monies or property of a person other than the employer by an employee or independent contractor if, on the date that the employee was hired or the independent contractor entered into a contract with the employer, the employee or independent contractor had previously been convicted of an offense that includes fraud or the misuse of monies or property as an element of the offense, and it was foreseeable that the position for which the employee was hired or the independent contractor entered into a contract with the employer would involve discharging a fiduciary responsibility in the management of monies or property.

2. The misappropriation of monies by an employee or independent contractor if the employee was hired or the independent contractor entered into a contract with the employer as an attorney and, on the date that the employee was hired or the independent contractor entered into a contract with the employer, the employee or independent contractor had previously been convicted of an offense that includes fraud or the misuse of monies or property as an element of the offense.

3. A violent offense or the improper use of excessive force by an employee or independent contractor if the employee was hired or the independent contractor entered into a contract with the employer as a law enforcement officer or security guard.

E. This section does not establish a cause of action for the negligent hiring of or contracting with an ex-offender in factual situations that are not specifically included in this section. In making a determination whether liability exists in a cause of action, the court may not presume that, because facts are not specifically included in this section, there is a legislative intent to extend liability in such cases where it is not already established.

F. For the purposes of this section:

1. "Criminal offense" or "offense" means any criminal offense except violent offenses and sexual offenses.

2. "Employer" means an employer, general contractor, premises owner or other third party.
A.R.S. § 12-1507 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1507
12-1507 Witnesses; subpoenas; depositions
Status: in_force

12-1507. Witnesses; subpoenas; depositions

A. The arbitrators may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths.  Subpoenas so issued shall be served, and, upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.

B. On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.

C. All provisions of law compelling a person under subpoena to testify are applicable.

D. Fees for attendance as a witness shall be the same as for a witness in the superior courts of the state of Arizona.
A.R.S. § 12-1836 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1836
12-1836 Discretionary
Status: in_force

12-1836. Discretionary

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
A.R.S. § 12-410 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 410
12-410 Punishment for contempt for filing affidavit for change of judge prohibited
Status: in_force

12-410. Punishment for contempt for filing affidavit for change of judge prohibited

No judge or court shall punish for contempt any one making, filing or presenting the affidavit provided for by section 12-409, or any motion founded thereon.
A.R.S. § 12-119.02 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 119.02
12-119.02 Electronic filing and access; fee
Status: in_force

12-119.02. Electronic filing and access; fee

A. The supreme court may provide for the electronic filing of documents and electronic access to court records, pursuant to rules adopted by the court.

B. The court may impose a fee of not more than one hundred dollars per year for an annual on-line access subscription plus a fee of not more than two dollars per minute for on-line access to court records.

C. All monies collected pursuant to subsection B of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the judicial collection enhancement fund established by section 12-113.

D. All filings made electronically pursuant to this section are subject to the fees established pursuant to section 12-119.01.
A.R.S. § 12-1143 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1143
12-1143 Complaint
Status: in_force

12-1143. Complaint

A proceeding under this article may be instituted by filing a complaint which shall be sufficient if it sets forth:

1. The name of plaintiff.

2. A description of the property, sufficient for identification thereof, to which there may be attached a plat or map thereof.

3. A statement that the acquisition of the property by plaintiff is necessary for a public works project and a brief general description of the public works project.

4. A statement that the action is instituted under this article.

5. An appropriate prayer for relief.
A.R.S. § 12-1560 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1560
12-1560 New trial after service by publication; superseding judgment
Status: in_force

12-1560. New trial after service by publication; superseding judgment

A. When judgment has been rendered on service by publication, and defendant has not appeared, a new trial may be granted upon application of defendant for good cause shown by affidavit, made within one year after rendition of judgment.

B. Execution of the judgment shall not be stayed unless defendant gives bond, approved by the clerk of the superior court, in double the amount of the judgment or value of the property adjudged, payable to plaintiff in the judgment, conditioned that the party will prosecute the application for new trial to effect, and will satisfy such judgment as may be rendered by the court against him.

C. When property has been sold under the judgment and execution before the process was stayed, defendant, if he defeats plaintiff's action, shall not recover the property so sold, but shall have judgment against plaintiff in the judgment for the proceeds of the sale.
A.R.S. § 12-1625 — Arizona Code / Title 12 / Chapter 9 / Article 7 / Section 1625
12-1625 Delivery of property and certificate of sale
Status: in_force

12-1625. Delivery of property and certificate of sale

When the purchaser of personal property capable of manual delivery pays the purchase money, the officer shall deliver the property and if desired, execute and deliver to the purchaser a certificate of sale. If personal property not capable of manual delivery or which may be sold without the presence or delivery of the property, the officer making the sale shall execute and deliver to the purchaser a certificate of sale. The certificates convey to the purchaser all the right which the debtor had in the property on the day the levy was made.
A.R.S. § 12-941 — Arizona Code / Title 12 / Chapter 7 / Article 8 / Section 941
12-941 Disposal of certain unclaimed property in the custody of a state, county, city or town agency
Status: in_force

12-941. Disposal of certain unclaimed property in the custody of a state, county, city or town agency

A. A state, county, city or town agency shall dispose of all property that was used as evidence and that remains unclaimed in the hands of the agency, after final disposition of the cause in which so used, or that was seized by a peace officer as being used unlawfully or for an unlawful purpose and that was held unclaimed from the date of seizure, or that came into the hands of the agency as unclaimed or contraband.  A law enforcement agency may retain and use those items that have a useful value to that law enforcement agency.

B. Found property turned over to a state, county, city or town agency may be returned to the person who found and turned it over if all of the following conditions apply:

1. The property is not contraband or a firearm.

2. The property remains unclaimed for thirty days after reasonable efforts have been made to locate and notify the owner.

3. The person who found and turned over the property is not a public officer or employee of the federal, a state or a local government who found the property in the course of performing the duties of the office or employment.

C. If United States currency is delivered to the proper agency pursuant to subsection A of this section, it shall be deposited in the general fund of the state, county, city or town, as the case may be.

D. A record of all transactions shall be maintained for at least twenty-four months.
A.R.S. § 12-912 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 912
12-912 Costs
Status: in_force

12-912. Costs

Costs may be awarded to the appellee agency if a judgment adverse to the appellant is rendered. Such costs may be awarded in an amount deemed reasonable by the superior court, based on the expense the appellee agency has incurred in preparing the record of the proceedings before judicial review.
A.R.S. § 12-2045 — Arizona Code / Title 12 / Chapter 11 / Article 3 / Section 2045
12-2045 Judgment of usurpation; classification
Status: in_force

12-2045. Judgment of usurpation; classification

If a defendant is adjudged guilty of usurping or intruding into or unlawfully holding an office, franchise or privilege, such defendant is guilty of a petty offense and shall be excluded from the office, franchise or privilege.
A.R.S. § 12-558.01 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 558.01
12-558.01 Actions related to the lawful discharge of a firearm; burden of proof; attorney fees and costs
Status: in_force

12-558.01. Actions related to the lawful discharge of a firearm; burden of proof; attorney fees and costs

A. Notwithstanding any other law, the otherwise lawful discharge of a firearm or air gun or the use of archery equipment may not be enjoined except by:

1. An action maintained by the attorney general to abate a public nuisance pursuant to section 13-2917.

2. A private nuisance cause of action or an action based on negligence that is filed by a person who is occupying a permanent residence that is located within one-fourth mile of the location of the discharge or use.

B. The burden of proof is clear and convincing evidence in an action that is filed pursuant to subsection A of this section or in an action for damages that is based on negligence in the otherwise lawful discharge of a firearm or air gun or the use of archery equipment on a private lot or parcel of land that is not open to the public on a commercial or membership basis and that is filed by a person who was not lawfully present at the same private lot or parcel of land at the time that the alleged discharge occurred.

C. The prevailing party in an action filed pursuant to this section, except an officer or entity of this state, shall recover reasonable attorney fees and costs.

D. In an action alleging damages from the loss of property value due to the otherwise lawful discharge of a firearm or air gun or the use of archery equipment on a private lot or parcel of land that belongs to another person, the lost value shall be proven by clear and convincing evidence.
A.R.S. § 12-1583 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1583
12-1583 Judgment by default against garnishee
Status: in_force

12-1583. Judgment by default against garnishee

If a garnishee fails to answer within the time specified in the writ, the judgment creditor for whom the writ has been issued may petition the court for the issuance of an order requiring the garnishee to appear before the court at a time and place specified in the order to answer the writ or to file and serve a copy of the answer on the judgment creditor for whom the writ has been issued, or on his attorney if the party is represented by counsel, at least five days before the appearance date. If the garnishee fails to appear or file and serve the answer after the service of the order requiring the appearance in person or answer upon the garnishee, the court may, after judgment has been rendered against the judgment debtor, render judgment by default against the garnishee for the full amount of the judgment against the judgment debtor. The court may award a reasonable attorney's fee to the judgment creditor for whom the writ was issued and against the garnishee if the writ was not answered within the time specified in the writ and a petition requiring the garnishee to appear or answer was filed as provided in this section.
A.R.S. § 12-567 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 567
12-567 Civil fertility fraud; liability; statute of limitations; definitions
Status: in_force

12-567. Civil fertility fraud; liability; statute of limitations; definitions

A. A woman who gives birth to a child after being treated for infertility by a physician, the spouse of the woman, the surviving spouse of the woman or the child born as a result of the actions of a physician described in this section may bring an action against a licensed health care provider who knowingly or intentionally treated the woman for infertility by using the licensed health care provider's own spermatozoon or ovum without the patient's informed written consent to treatment using that spermatozoon or ovum.

B. A donor of human reproductive material may bring an action against a licensed health care provider who treats a patient for infertility by using human reproductive material donated by the donor and who knows or reasonably should have known that the donor's human reproductive material was used either:

1. Without the donor's consent.

2. In a manner or to an extent other than that to which the donor consented.

C. A plaintiff who prevails in an action under this section is entitled to reasonable attorney fees, the costs of the fertility treatment if the action is brought under subsection A of this section, and either:

1. Compensatory and punitive damages.

2. Liquidated damages of $10,000.

D. A person who brings an action under subsection A of this section has a separate cause of action for each child born as the result of the fraudulent fertility treatment. A person who brings an action under subsection B of this section has a separate cause of action for each individual who received fertility treatment with the donor's human reproductive material.

E. Notwithstanding any other law and except as provided in subsection F of this section, an action for civil fertility fraud must be commenced not later than:

1. Ten years after the eighteenth birthday of the child.

2. If paragraph 1 of this subsection does not apply, twenty years after the procedure was performed.

F. An action for civil fertility fraud that would otherwise be barred under subsection E of this section may be commenced not later than five years after the earliest of the date that:

1. The person first discovers evidence sufficient to bring an action against the defendant through DNA analysis.

2. The person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the defendant.

3. The defendant confesses to the offense.

G. For the purposes of this section:

1. "Human reproductive material" means a human spermatozoon or ovum or a human organism at any stage of development from fertilized ovum to embryo.

2. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.
A.R.S. § 12-2603 — Arizona Code / Title 12 / Chapter 17 / Article 1 / Section 2603
12-2603 Preliminary expert opinion testimony against health care professionals; certification; definitions
Status: in_force

12-2603. Preliminary expert opinion testimony against health care professionals; certification; definitions

A. If a claim against a health care professional is asserted in a civil action, the claimant or the party designating a nonparty at fault or its attorney shall certify in a written statement that is filed and served with the claim or the designation of nonparty at fault whether or not expert opinion testimony is necessary to prove the health care professional's standard of care or liability for the claim.

B. If the claimant or the party designating a nonparty at fault or its attorney certifies pursuant to subsection H of this section that expert opinion testimony is necessary, the claimant shall serve a preliminary expert opinion affidavit with the initial disclosures that are required by rule 26.1, Arizona rules of civil procedure. If a party designates a nonparty at fault and certifies pursuant to subsection H of this section that expert opinion testimony is necessary, that party shall serve a preliminary expert opinion affidavit within sixty days after filing the designation.  The claimant or the party designating a nonparty at fault may provide affidavits from as many experts as the claimant or the party designating a nonparty at fault deems necessary.  The preliminary expert opinion affidavit shall contain at least the following information:

1. The expert's qualifications to express an opinion on the health care professional's standard of care or liability for the claim.

2. The factual basis for each claim against a health care professional.

3. The health care professional's acts, errors or omissions that the expert considers to be a violation of the applicable standard of care resulting in liability.

4. The manner in which the health care professional's acts, errors or omissions caused or contributed to the damages or other relief sought by the claimant.

C. The court may extend the time for compliance with this section on application and good cause shown or by stipulation of the parties to the claim. If the court extends the time for compliance, the court may also adjust the timing and sequence of disclosures that are required from the health care professional against whom the claim is asserted or the designated nonparty at fault.

D. If the claimant or the party designating the nonparty at fault or its attorney certifies that expert testimony is not required for the claim or designation and the claimant, the health care professional or designated nonparty at fault disputes that certification in good faith, the claimant, the health care professional or the designated nonparty at fault may apply by motion to the court for an order requiring the claimant or the party designating the nonparty at fault to obtain and serve a preliminary expert opinion affidavit under this section. In the motion, the claimant, the health care professional or the designated nonparty at fault shall identify the following:

1. The claim for which it believes expert testimony is needed.

2. The prima facie elements of the claim.

3. The legal or factual basis for its contention that expert opinion testimony is required to establish the standard of care or liability for the claim.

E. After considering the motion and any response, the court shall determine whether the claimant or party designating the nonparty at fault shall comply with this section and, if the court deems that compliance is necessary, shall set a date and terms for compliance. The court shall stay all other proceedings and applicable time periods concerning the claim pending the court's ruling on the motion to compel compliance with this section.

F. The court, on its own motion or the motion of the health care professional or designated nonparty at fault, shall dismiss the claim against the health care professional or designated nonparty at fault without prejudice if the claimant or the party designating the nonparty at fault fails to file and serve a preliminary expert opinion affidavit after the claimant or designated nonparty at fault or its attorney has certified that an affidavit is necessary or the court has ordered the claimant or the party designating a nonparty at fault to file and serve an affidavit.  Upon any allegation of insufficiency of the affidavit, the court shall allow any party a reasonable time to cure any affidavit, if necessary.

G. A claimant or a party designating a nonparty at fault may supplement a claim or preliminary expert opinion affidavit with additional claims, evidence or expert opinions that are timely disclosed under the Arizona rules of civil procedure or pursuant to court order.  A preliminary expert opinion affidavit may be used for impeachment only upon a finding of the court that the facts upon which the affidavit were based have not substantially changed and that the facts were known to the expert at the time the affidavit was prepared.

H. For the purposes of this section:

1. "Claim" means a legal cause of action against a health care professional under sections 12-561 through 12-563 or under title 46, chapter 4 or an affirmative defense or designation of a nonparty at fault to which all of the following apply:

(a) The claim is asserted against a health care professional in a complaint, answer, cross-claim, counterclaim, third party complaint or designation of a nonparty at fault.

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

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

2. "Expert" means a person who is qualified by knowledge, skill, experience, training or education to express an opinion regarding a licensed health care professional’s standard of care or liability for the claim.
A.R.S. § 12-1809 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1809
12-1809 Injunction against harassment; petition; venue; fees; notices; enforcement; definition
Status: in_force

12-1809. Injunction against harassment; petition; venue; fees; notices; enforcement; definition

A. A person may file a verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting harassment. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff, and the minor is a specifically designated person for the purposes of subsection F of this section. If a person is either temporarily or permanently unable to request an injunction, a third party may request an injunction on behalf of the plaintiff.  After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. Notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an injunction against harassment.

B. An injunction against harassment shall not be granted:

1. Unless the party who requests the injunction files a written verified petition for injunction.

2. Against a person who is less than twelve years of age unless the injunction is granted by the juvenile division of the superior court.

3. Against more than one defendant.

C. The petition shall state all of the following:

1. The name of the plaintiff. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification.  The address and contact information shall not be listed on the petition. Whether or not the court issues an injunction against harassment, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court.

2. The name and address, if known, of the defendant.

3. A specific statement showing events and dates of the acts constituting the alleged harassment.

4. The name of the court in which there was or is any prior or pending proceeding or order concerning the conduct that is sought to be restrained.

5. The relief requested.

D. A fee shall not be charged for filing a petition under this section.  Fees for service of process may be deferred or waived under any rule or law applicable to civil actions, except that fees for service of process shall not be charged if the petition arises out of sexual violence as defined in section 23-371.  The court shall advise a plaintiff that the plaintiff may be eligible for the deferral or waiver of these fees at the time the plaintiff files a petition.  The court shall not require the plaintiff to perform community restitution as a condition of the waiver or deferral of fees for service of process. A law enforcement agency or constable shall not require the advance payment of fees for service of process of injunctions against harassment.  If the court does not waive the fees, the serving agency may assess the actual fees against the plaintiff. On request of the plaintiff, an injunction against harassment that is issued by a municipal court may be served by the police agency for that city if the defendant can be served within the city. If the defendant cannot be served within the city, the police agency in the city in which the defendant can be served may serve the injunction. On request of the plaintiff, each injunction against harassment that is issued by a justice of the peace shall be served by the constable for that jurisdiction if the defendant can be served within the jurisdiction. If the defendant cannot be served within that jurisdiction, the constable in the jurisdiction in which the defendant can be served shall serve the injunction. On request of the plaintiff, an injunction against harassment that is issued by a superior court judge or commissioner may be served by the sheriff of the county. If the defendant cannot be served within that jurisdiction, the sheriff in the jurisdiction in which the defendant can be served may serve the order. The court shall provide, without charge, forms for purposes of this section for assisting parties without counsel.

E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the injunction requested should issue without a further hearing. Rules 65(a)(1) and 65(e) of the Arizona rules of civil procedure do not apply to injunctions that are requested pursuant to this section. If the court finds reasonable evidence of harassment of the plaintiff by the defendant during the year preceding the filing of the petition or that good cause exists to believe that great or irreparable harm would result to the plaintiff if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and the court finds specific facts attesting to the plaintiff's efforts to give notice to the defendant or reasons supporting the plaintiff's claim that notice should not be given, the court shall issue an injunction as provided in subsection F of this section. If the court denies the requested relief, it may schedule a further hearing within ten days with reasonable notice to the defendant.  For the purposes of determining the one-year period, any time that the defendant has been incarcerated or out of this state shall not be counted.

F. If the court issues an injunction, the court may do any of the following:

1. Enjoin the defendant from committing a violation of one or more acts of harassment.

2. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons.

3. Grant relief necessary for the protection of the alleged victim and other specifically designated persons proper under the circumstances.

G. The court shall not grant a mutual injunction against harassment.  If opposing parties separately file verified petitions for an injunction against harassment, the courts after consultation between the judicial officers involved may consolidate the petitions of the opposing parties for hearing. This does not prohibit a court from issuing cross injunctions against harassment.

H. At any time during the period during which the injunction is in effect, the defendant is entitled to one hearing on written request. A fee may not be charged for requesting a hearing. A hearing that is requested by a defendant shall be held within ten days from the date requested unless the court finds compelling reasons to continue the hearing. The hearing shall be held at the earliest possible time. An ex parte injunction that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. After the hearing, the court may modify, quash or continue the injunction.

I. The injunction shall include the following statement:

Warning

This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

J. An injunction that is not served on the defendant within one year after the date that the injunction is issued expires.  The injunction is effective on the defendant on service of a copy of the injunction and petition and expires one year after service on the defendant.  A modified injunction is effective on service and expires one year after service of the initial injunction and petition.

K. A supplemental information form that is used solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential.

L. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule. This filing shall be completed in person, electronically or by fax.

M. The supreme court shall maintain a central repository for injunctions.  Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the injunction or any modified injunction was issued shall enter the order and proof of service into the supreme court's central repository for injunctions. The supreme court shall register the injunction with the national crime information center. The effectiveness of an injunction does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an injunction, whether or not registered, is presumed to be a valid existing order of the court for a period of one year from the date of service of the injunction on the defendant.

N. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an injunction that is issued pursuant to this section, whether or not the violation occurred in the presence of the officer.  The provisions for release under section 13-3903 do not apply to an arrest made pursuant to this subsection. A person who is arrested pursuant to this subsection may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant.

O. If a peace officer responds to a call alleging that harassment has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including:

1. An injunction pursuant to this section.

2. The emergency telephone number for the local police agency.

3. Telephone numbers for emergency services in the local community.

P. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available.  The municipal court and the justice court may hear and decide all matters arising pursuant to this section.  After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any.  An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22-425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. A fee may not be charged to either party for filing an appeal.

Q. A peace officer who makes an arrest pursuant to this section is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice. A peace officer is not civilly liable for noncompliance with subsection O of this section.

R. This section does not apply to preliminary injunctions issued pursuant to an action for dissolution of marriage or legal separation or for protective orders against domestic violence.

S. In addition to the persons who are authorized to serve process pursuant to rule 4(d), Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer's official capacity may serve an injunction against harassment that is issued pursuant to this section.

T. For the purposes of this section, "harassment":

1. Means either of the following:

(a) A series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose.

(b) One or more acts of sexual violence as defined in section 23-371.

2. Includes unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321 and defamation in violation of section 23-1325.
A.R.S. § 12-1522 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1522
12-1522 Affidavit for issuance of writ of attachment
Status: in_force

12-1522. Affidavit for issuance of writ of attachment

The clerk or justice of the peace, after complying with the provisions of chapter 14 of this title, shall issue the writ of attachment upon receiving an affidavit by or on behalf of plaintiff, showing any one or more of the requirements for a writ of attachment as set forth in section 12-1521.
A.R.S. § 12-2456 — Arizona Code / Title 12 / Chapter 15 / Article 1 / Section 2456
12-2456 Emancipation administrative costs fund; purpose; report; collection of information
Status: in_force

12-2456. Emancipation administrative costs fund; purpose; report; collection of information

A. Each county treasurer shall establish an emancipation administrative costs fund consisting of monies received pursuant to section 12-284, subsection J.

B. The presiding judge of the juvenile court shall use fund monies for administrative costs associated with this article.

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

D. On or before November 15 of each year, the county treasurer shall submit a report to the presiding judge that shows the amount of monies in the fund.  Beginning July 1, 2011, the report shall be submitted electronically.

E. Beginning October 1, 2005, the administrative office of the courts shall collect information relating to emancipation of minors pursuant to this chapter, including the following:

1. The number of petitions filed, by age and county of residence.

2. The number of petitions granted, by age and county of residence.

F. The administrative office of the courts shall include the information collected pursuant to subsection E of this section in the annual report of the judicial department.
A.R.S. § 12-172 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 172
12-172 Small claims procedures; election; judge
Status: in_force

12-172. Small claims procedures; election; judge

A. A taxpayer may elect to use simplified, small claims procedures in the following cases:

1. Disputes concerning the valuation or classification of property in which the property is class three property as described in section 42-12003 or in which the full cash value of all real or personal property does not exceed two million dollars.  If the case under this paragraph is based on the income approach to value, the taxpayer shall comply with section 42-16052 no later than ten business days before the hearing.

2. Disputes concerning all other taxes in which the amount of the taxes, interest at the time of assessment and penalties in dispute is less than five thousand dollars.

B. A taxpayer elects to use small claims procedures by indicating in the caption of the complaint that the matter is a small claims procedure in the tax court.

C. The judge or a commissioner of the tax court shall hear small claims cases.
A.R.S. § 12-119.03 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 119.03
12-119.03 Performance audit; supreme court administration and programs; hearing
Status: in_force

12-119.03. Performance audit; supreme court administration and programs; hearing

The auditor general shall conduct a performance audit, as defined in section 41-1278, of the administrative office of the courts at the request of the joint legislative audit committee that is established pursuant to section 41-1279. The auditor general shall limit the performance audit to the administration and operation of the supreme court and to those programs and funds that are administered by the supreme court. The auditor general shall submit copies of the performance audit to the president of the senate, the speaker of the house of representatives and the chairpersons of the senate judiciary committee and the house of representatives judiciary committee, or their successor committees. The senate and house of representatives judiciary committees shall meet jointly and hold a hearing on the audit.
A.R.S. § 12-2605 — Arizona Code / Title 12 / Chapter 17 / Article 1 / Section 2605
12-2605 Evidence of admissions; civil proceedings; unanticipated outcomes; medical care
Status: in_force

12-2605. Evidence of admissions; civil proceedings; unanticipated outcomes; medical care

In any civil action that is brought against a health care provider as defined in section 12-561 or in any arbitration proceeding that relates to the civil action, any statement, affirmation, gesture or conduct expressing apology, responsibility, liability, sympathy, commiseration, condolence, compassion or a general sense of benevolence that was made by a health care provider or an employee of a health care provider to the patient, a relative of the patient, the patient's survivors or a health care decision maker for the patient and that relates to the discomfort, pain, suffering, injury or death of the patient as the result of the unanticipated outcome of medical care is inadmissible as evidence of an admission of liability or as evidence of an admission against interest.
A.R.S. § 12-108 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 108
12-108 Reports of decisions; publication; distribution
Status: in_force

12-108. Reports of decisions; publication; distribution

A. The supreme court may contract with the person who agrees to publish and sell the report of decisions on terms most advantageous to the state.  The contractor shall agree to publish at the contract price the number of volumes as the supreme court may require.

B. Any entity may request from the contractor any number of volumes, which shall be published and delivered at the contract price to be paid for by the requesting entity.

C. Volumes that are delivered to a person on account of the office held by that person remain the property of this state and shall have stamped or written on them the name of the office and shall be kept for the use of the office.
A.R.S. § 12-1598.06 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.06
12-1598.06 Time for answer
Status: in_force

12-1598.06. Time for answer

The writ, whether issued in the superior court, the justice court or the municipal court, shall require the garnishee to answer within ten days from service of the writ.
A.R.S. § 12-882 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 882
12-882 Duty of department of revenue regarding escheats; complaint and parties
Status: in_force

12-882. Duty of department of revenue regarding escheats; complaint and parties

A. When the director of the department of revenue has reason to believe that property or estate has escheated to the state, he shall file a complaint in behalf of the state in the superior court of the county where such property or some part thereof is situated, setting forth:

1. A description of the property or estate.

2. The name of the person last lawfully seized or possessed thereof.

3. The names of tenants or persons in actual possession, if any, and the names of persons claiming the property or estate, if any are known to claim it.

4. The facts and circumstances in consequence of which such property or estate is claimed to have escheated.

5. A prayer for a writ of possession for the property or estate in behalf of the state.

B. The tenants or persons in actual possession of the property or estate, and the persons claiming it, or any right, title or interest therein, shall be named parties defendant in the complaint.
A.R.S. § 12-130 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 130
12-130 Place of holding court; accommodations
Status: in_force

12-130. Place of holding court; accommodations

A. The regular sessions of the superior court shall be held at the county seat and at such other places within the county authorized by the county board of supervisors.

B. If a room for holding the court is not provided by the county, together with attendants, fuel, lights and supplies suitable and sufficient for the transaction of business, the court may direct the sheriff to provide them and the expenses shall be a county charge.

C. In addition to regular sessions, sessions of the superior court may be held at places other than the county seat or other place within the county authorized by the board of supervisors when in the opinion of the judge or judges of such court in any county the public interest so requires, provided facilities are available for such sessions.
A.R.S. § 12-2042 — Arizona Code / Title 12 / Chapter 11 / Article 3 / Section 2042
12-2042 Action by county attorney
Status: in_force

12-2042. Action by county attorney

An action may be brought in the superior court by the county attorney in the name of the state upon his own information or upon the verified complaint of any person, against any person who usurps, intrudes into or who unlawfully holds or exercises any public office or any franchise within his county. The county attorney shall bring the action when he has reason to believe that any such office or franchise is being usurped, intruded into or unlawfully held or exercised.
A.R.S. § 12-2237 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2237
12-2237 Reporter and informant
Status: in_force

12-2237. Reporter and informant

A person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station, shall not be compelled to testify or disclose in a legal proceeding or trial or any proceeding whatever, or before any jury, inquisitorial body or commission, or before a committee of the legislature, or elsewhere, the source of information procured or obtained by him for publication in a newspaper or for broadcasting over a radio or television station with which he was associated or by which he is employed.
A.R.S. § 12-1704 — Arizona Code / Title 12 / Chapter 9 / Article 11 / Section 1704
12-1704 Stay of enforcement of judgment
Status: in_force

12-1704. Stay of enforcement of judgment

A. If the judgment debtor shows the superior court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

B. If the judgment debtor shows the superior court any ground upon which enforcement of a judgment of any superior court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

C. No execution or other process for enforcement of a foreign judgment filed under section 12-1702 shall issue until twenty days after the date the judgment creditor mails the notice of filing of the foreign judgment and files proof of mailing with the clerk as required under section 12-1703.
A.R.S. § 12-2402 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2402
12-2402 Provisional remedies without notice; grounds for issuance
Status: in_force

12-2402. Provisional remedies without notice; grounds for issuance

A. Any provisional remedy may be issued by any judge of the superior court or justice of the peace of this state before judgment and without prior notice to the party against whom it will operate in any of the following cases:

1. When the party against whom the provisional remedy is sought is about to remove permanently from the state and has refused to secure the debt, or when such party has secreted property for the purpose of defrauding creditors, or that such party has disposed of property, wholly or in part, with intent to defraud creditors, or that such party is about to dispose of property with intent to defraud creditors.

2. When the moving party is the owner or lessor or otherwise is lawfully entitled to the possession of the property claimed, has satisfied the requirements of sections 12-1301 and 12-1303, and is seeking a provisional remedy in the nature of replevin, except that a provisional remedy under this section may not be obtained to enforce a security interest in consumer goods which is not a purchase money security interest.

3. When any provisional remedy is required to obtain jurisdiction.

B. Before any provisional remedy shall issue, the party seeking such remedy shall establish with particularity by affidavit to the court's satisfaction sufficient facts supporting the party's claim and establish that one of the requirements of subsection A of this section has been met and that such party will file such other pleadings or affidavits as are required by law as a prerequisite to the issuance of any provisional remedy sought.

C. When a provisional remedy is issued, the party against whom it will operate may immediately move to quash such order and the court or justice of the peace shall hear such motion within five days, exclusive of weekends and holidays. The issues at such hearing shall be limited to the following:

1. The probable validity of the claim or claims of the party seeking the provisional remedy and any defenses and claims of personal property exemptions of the party against whom such provisional remedy will operate.

2. The existence of any statutory requirement for the issuance of any provisional remedy sought, plus the existence of any grounds in subsection A of this section.

D. The party seeking the provisional remedy shall at the time of the seizure, attachment or garnishment, or within three days thereafter, exercise reasonable diligence to serve the party against whom a provisional remedy is sought with notice of the seizure, the impound or such other act ordered by the court and of said party's right to an immediate hearing contesting the same.

E. Upon the filing of an application as provided in this section, the justice of the peace or any clerk of the 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)  is being taken away from you by  (party seeking provisional remedy) , who says that you owe  (such party)  a debt of $ (amount) .  (Party seeking provisional remedy)  is taking your property because   (such party)  says:

(a) That you were about to remove permanently from the state and refused to secure the debt, or

(b) That you had secreted property for the purpose of defrauding creditors, or

(c) That you had disposed of property, wholly or in part, with intent to defraud creditors, or were about to dispose of property with intent to defraud creditors, or

(d) That (party seeking provisional remedy) claims the right of possession to your property under a purchase money security interest.

If you disagree and think you do not owe (party seeking provisional remedy), or that you have not done any of the things which (party seeking provisional remedy) said you did or were about to do, then you can ask a court to hear your side of the story and give your property back to you. If you want such a hearing, it will be given to you within five working days after you ask for it. Just check the box at the bottom of this notice and mail it or take it to 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   (party seeking provisional remedy)  knows you want the hearing."
A.R.S. § 12-134 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 134
12-134 Mediation; fee
Status: in_force

12-134. Mediation; fee

A. A court may refer cases to mediation and other alternative dispute resolution procedures to promote the resolution of cases filed in the court.

B. The board of supervisors in each county, in cooperation with the presiding judge of the superior court in the county, may establish a reasonable fee for alternative dispute resolution services provided by the court in the county. If a judicial officer provides the alternative dispute resolution services, a fee shall not be imposed. The superior court in each county shall transmit the fees collected pursuant to this section to the county treasurer for deposit in the local alternative dispute resolution fund established pursuant to section 12-135.01.
A.R.S. § 12-503 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 503
12-503 Tacking of disabilities prohibited
Status: in_force

12-503. Tacking of disabilities prohibited

The period of limitation shall not be extended by the connection of one disability with another. When the law of limitation begins to run it shall continue to run notwithstanding a supervening disability of the party entitled to sue or liable to be sued.
A.R.S. § 12-1212 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1212
12-1212 Unknown owner; notice and service by publication; protection of rights in decree
Status: in_force

12-1212. Unknown owner; notice and service by publication; protection of rights in decree

A. If plaintiff makes affidavit that an undivided portion of the land described in the complaint is owned by some person unknown to affiant, a summons shall be issued to the unknown owner. The summons shall contain a brief statement of the nature of the action and a description of the interest of the unknown owner, and shall command him to appear and answer as in ordinary cases.

B. The summons shall be served by publication in some newspaper in the county where the summons issues, if a newspaper is published in the county. If no newspaper is published in the county, publication shall be made in the nearest county in which a newspaper is published, for four successive weeks.

C. If no appearance is entered within the time set forth in the summons, the court shall proceed as in other cases where service is made by publication.

D. The court shall in its decree protect the rights of the unknown owner.
A.R.S. § 12-1631 — Arizona Code / Title 12 / Chapter 9 / Article 8 / Section 1631
12-1631 Order for appearance of debtor; limitation
Status: in_force

12-1631. Order for appearance of debtor; limitation

A. When a judgment has been entered and docketed, the judgment creditor, at any time may:

1. Have an order from the court requiring the judgment debtor to appear and answer concerning his property before the court or a referee, at a time and place specified in the order.

2. Have a subpoena issued compelling the judgment debtor to appear for deposition upon oral examination and answer concerning his property at a time and place specified in the subpoena.

B. No judgment debtor shall be required to attend out of the county in which he resides.
A.R.S. § 12-1570.01 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1570.01
12-1570.01 Scope of article
Status: in_force

12-1570.01. Scope of article

A. The provisions of this article are applicable to garnishments of any of the following:

1. Indebtedness owed to a judgment debtor by a garnishee for monies which are not earnings as defined in section 12-1598, paragraph 4.

2. Monies held by a garnishee on behalf of a judgment debtor.

3. Personal property of a judgment debtor that is in the possession of a garnishee.

4. Shares and securities of a corporation or a proprietary interest in a corporation belonging to a judgment debtor, if the garnishee is a corporation.

B. The provisions of this article are not applicable to indebtedness owed to a judgment debtor by a garnishee for monies which are earnings as defined in section 12-1598, paragraph 4.
A.R.S. § 12-116.09 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.09
12-116.09 Assessment; victims' rights enforcement
Status: in_force

12-116.09. Assessment; victims' rights enforcement

A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of $4 on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and assessments collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city 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 the assessments in the victims' rights enforcement fund established by section 41-1727.
A.R.S. § 12-1521 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1521
12-1521 Attachment of property of defendant
Status: in_force

12-1521. Attachment of property of defendant

A plaintiff, after complying with the provisions of chapter 14 of this title, may in the following cases have the property of the defendant attached as security for satisfaction of any judgment which may be recovered, unless the defendant gives security to pay such judgment:

1. In an action upon a contract, express or implied, for payment of money which is not fully secured by real or personal property, or, if originally so secured, the value of such security has, without any act of the plaintiff or the person to whom the security was given, substantially diminished below the balance owed.

2. When an action is pending for damages and the defendant is about to dispose of or remove his property beyond the jurisdiction of the court in which the action is pending.

3. In an action for damages or upon contract, express or implied, against a defendant not residing in this state or a foreign corporation doing business in this state.

4. In an action upon a judgment of any state.
A.R.S. § 12-2043 — Arizona Code / Title 12 / Chapter 11 / Article 3 / Section 2043
12-2043 Failure of attorney general or county attorney to bring action for claimant of office
Status: in_force

12-2043. Failure of attorney general or county attorney to bring action for claimant of office

A. If the attorney general or the county attorney refuses to bring an action as provided for in sections 12-2041 and 12-2042, upon information or at the request of any person claiming such office or franchise, the person may apply to the court for leave to bring the action in his own name and may so bring it if leave therefor is granted.

B. Notice of the application shall be given to the attorney general or the county attorney as the case may be.
A.R.S. § 12-1214 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1214
12-1214 Abstract of title; inspection; cost
Status: in_force

12-1214. Abstract of title; inspection; cost

A. If it is necessary to have an abstract of title of the property to be partitioned, plaintiff may procure one before commencing the action and may in his complaint state that he has done so and that the abstract is subject to inspection and use of all parties to the action, and designate a place where it will be kept for inspection. Otherwise the court may, upon application of any one of the parties, authorize such party to procure an abstract which when made shall be kept at some place designated by the court for inspection and use of all parties, any of whom may make a copy thereof.

B. The expense reasonably incurred in procuring an abstract shall be allowed to the party incurring it, with interest.
A.R.S. § 12-3401 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3401
12-3401 Short title
Status: in_force

12-3401. Short title

This chapter may be cited as the uniform partition of heirs property act.
A.R.S. § 12-119.01 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 119.01
12-119.01 Supreme court fees; distribution
Status: in_force

12-119.01. Supreme court fees; distribution

A. Except as otherwise provided by law, fees for the supreme court shall be established and classified as follows:

Class Description   Fee

A           Initial case filing fee

Petitions for review

and cross petitions for

Review            $ 140.00

Direct appeals and cross

appeal appellant    140.00

Special actions petitioner      140.00

B     Subsequent case filing fee

Intervenors direct appeals

and special action        $ 70.00

Direct appeals appellee        70.00

Special actions respondent           70.00

Response to petition

for review         70.00

E     Minimum clerk fee

Certifications alone          $ 17.00

Certificate of good standing

Certificates             17.00

F     Per page fee

Copies - each page            $  .50

G     Special fees

New and duplicate certificates      $ 35.00

B. The clerk of the supreme court shall deposit, pursuant to sections 35-146 and 35-147, all of the monies collected pursuant to subsection A of this section as follows:

1. 27.78 per cent in the judicial collection enhancement fund established by section 12-113.

2. 26.00 per cent with the state treasurer for transmission to the elected officials' retirement plan fund established by section 38-802. The monies shall be transmitted by the state treasurer to the fund pursuant to section 38-810.

3. 46.22 per cent in the state general fund.

C. The supreme court may increase the class A and B fees prescribed in subsection A of this section.
A.R.S. § 12-102.02 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 102.02
12-102.02 State aid to the courts fund
Status: in_force

12-102.02. State aid to the courts fund

A. The state aid to the courts fund is established consisting of monies appropriated to the fund and monies allocated pursuant to section 41-2421, subsections B and J.  The purpose of the fund is to provide state aid to the superior court, including the clerk of the superior court, and justice courts for the processing of criminal cases.

B. The supreme court shall administer the fund.  The supreme court shall allocate monies in the fund to the superior court, including the clerk of the court, and the justice courts in each county according to the following composite index formula:

1. The three year average of the total felony filings in the superior court in the county, divided by the statewide three year average of the total felony filings in the superior court.

2. The county population, as adopted by the department of economic security, divided by the statewide population, as adopted by the department of economic security.

3. The sum of paragraphs 1 and 2 divided by two equals the composite index.

4. The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421.

C. The presiding judge of the superior court in each county, in coordination with the chairman of the county board of supervisors or the chairman's designee, the clerk of the superior court, the presiding justice of the peace and an elected justice of the peace of the county shall submit a plan to the supreme court that details how the funds allocated to the county pursuant to this section will be used and how the plan will assist the county in improving criminal case processing. The presiding judge of the superior court, the chairman of the board of supervisors or the chairman's designee, the clerk of the superior court, the presiding justice of the peace and an elected justice of the peace shall sign the plan and shall indicate their endorsement of the plan as submitted or shall outline their disagreement with any provisions of the plan.  The supreme court may approve the plan or require changes to the plan in order to achieve the goal of improved criminal case processing.

D. By January 8, 2001 and every year thereafter by January 8, the supreme court shall report to the governor, the legislature, the joint legislative budget committee, each county board of supervisors and the Arizona criminal justice commission on the expenditure of the fund monies for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing. This information may be combined into one report with the information required pursuant to section 12-102.01, subsection D.

E. All monies spent or distributed from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the processing of criminal cases in the superior court, including the office of the clerk of the superior court, and justice courts.

F. Monies in the state aid to the courts fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and monies allocated pursuant to section 41-2421, subsections B and J are subject to legislative appropriation.  Any state general fund monies appropriated to the fund may be spent without further legislative appropriation.

G. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 12-1506 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1506
12-1506 Representation by attorney
Status: in_force

12-1506. Representation by attorney

A party has the right to be represented by an attorney at any proceeding or hearing under this article. A waiver thereof prior to the proceeding or hearing is ineffective.
A.R.S. § 12-344 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 344
12-344 Costs upon splitting of action
Status: in_force

12-344. Costs upon splitting of action

Where a plaintiff brings in the same court several actions against the same defendant for claims which should have been joined, he shall recover the costs of one action only, and the costs of the other actions shall be adjudged against him unless sufficient reasons appear to the court for instituting several actions.
A.R.S. § 12-543 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 543
12-543 Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation
Status: in_force

12-543. Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation

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

1. For debt where the indebtedness is not evidenced by a contract in writing.

2. Upon stated or open accounts other than such mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or agents, but no item of a stated or open account shall be barred so long as any item thereof has been incurred within three years immediately prior to the bringing of an action thereon.

3. For relief on the ground of fraud or mistake, which cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
A.R.S. § 12-2106 — Arizona Code / Title 12 / Chapter 12 / Article 1 / Section 2106
12-2106 Penalty for taking frivolous appeal or appeal for delay
Status: in_force

12-2106. Penalty for taking frivolous appeal or appeal for delay

When the supreme court is of the opinion that an appeal has been taken for delay, and that there was not sufficient grounds for taking an appeal, it may include in its judgment an additional amount, not exceeding ten per cent of the judgment appealed from, if the judgment is for the recovery of money, and not exceeding five hundred dollars in other cases, as damages for a frivolous appeal.
A.R.S. § 12-549 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 549
12-549 Foreign judgment
Status: in_force

12-549. Foreign judgment

An action upon a judgment or decree rendered in another state or foreign country shall be barred if by the laws of such state or country such action would there be barred and the judgment or decree is incapable of being otherwise enforced there.
A.R.S. § 12-2506 — Arizona Code / Title 12 / Chapter 16 / Article 1 / Section 2506
12-2506 Joint and several liability abolished; exception; apportionment of degrees of fault; definitions
Status: in_force

12-2506. Joint and several liability abolished; exception; apportionment of degrees of fault; definitions

A. In an action for personal injury, property damage or wrongful death, the liability of each defendant for damages is several only and is not joint, except as otherwise provided in this section. Each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be entered against the defendant for that amount. To determine the amount of judgment to be entered against each defendant, the trier of fact shall multiply the total amount of damages recoverable by the plaintiff by the percentage of each defendant's fault, and that amount is the maximum recoverable against the defendant.

B. In assessing percentages of fault the trier of fact shall consider the fault of all persons who contributed to the alleged injury, death or damage to property, regardless of whether the person was, or could have been, named as a party to the suit. Negligence or fault of a nonparty may be considered if the plaintiff entered into a settlement agreement with the nonparty or if the defending party gives notice before trial, in accordance with requirements established by court rule, that a nonparty was wholly or partially at fault. Assessments of percentages of fault for nonparties are used only as a vehicle for accurately determining the fault of the named parties. Assessment of fault against nonparties does not subject any nonparty to liability in this or any other action, and it may not be introduced as evidence of liability in any action.

C. The relative degree of fault of the claimant, and the relative degrees of fault of all defendants and nonparties, shall be determined and apportioned as a whole at one time by the trier of fact. If two or more claimants have independent claims, a separate determination and apportionment of the relative degrees of fault of the respective parties, and any nonparties at fault, shall be made with respect to each of the independent claims.

D. The liability of each defendant is several only and is not joint, except that a party is responsible for the fault of another person, or for payment of the proportionate share of another person, if any of the following applies:

1. Both the party and the other person were acting in concert.

2. The other person was acting as an agent or servant of the party.

3. The party’s liability for the fault of another person arises out of a duty created by the federal employers' liability act, 45 United States Code section 51.

E. If a defendant is found jointly and severally liable pursuant to subsection D, the defendant has the right to contribution pursuant to this chapter.  In an action arising out of a duty created by the federal employers' liability act (45 United States Code section 51), a person or entity, other than an employee of the defendant, whose negligence or fault caused or contributed to the plaintiff's injury or death shall contribute to the defendant pursuant to this chapter.  An action for contribution shall be adjudicated and determined by the same trier of fact that adjudicates and determines the action for the plaintiff's injury or death.  The trier of fact shall adjudicate and determine an action for contribution after the court enters a judgment for the plaintiff's injury or death.  On motion before the conclusion of the trial, the plaintiff is entitled to an award against the defendant for actual expenses the plaintiff incurred as a direct result of the defendant's claim for contribution.  The expenses shall include reasonable attorney fees as determined by the court.

F. For the purposes of this section:

1. "Acting in concert" means entering into a conscious agreement to pursue a common plan or design to commit an intentional tort and actively taking part in that intentional tort. Acting in concert does not apply to any person whose conduct was negligent in any of its degrees rather than intentional. A person's conduct that provides substantial assistance to one committing an intentional tort does not constitute acting in concert if the person has not consciously agreed with the other to commit the intentional tort.

2. "Fault" means an actionable breach of legal duty, act or omission proximately causing or contributing to injury or damages sustained by a person seeking recovery, including negligence in all of its degrees, contributory negligence, assumption of risk, strict liability, breach of express or implied warranty of a product, products liability and misuse, modification or abuse of a product.
A.R.S. § 12-2007 — Arizona Code / Title 12 / Chapter 11 / Article 1 / Section 2007
12-2007 Denial of return to writ; hearing; transmittal of judgment; appeal
Status: in_force

12-2007. Denial of return to writ; hearing; transmittal of judgment; appeal

A. If the return to a writ of certiorari is defective, the court may order a further return made. When a full return has been made, the court or judge shall hear the matter and give judgment affirming, annulling or modifying the proceedings below.

B. A copy of the judgment, certified by the clerk, shall be transmitted to the inferior tribunal, board or officer.

C. If the judgment is rendered in a court other than the supreme court, an appeal may be taken from such judgment as in a civil action.
A.R.S. § 12-1211 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1211
12-1211 Compelling partition; complaint
Status: in_force

12-1211. Compelling partition; complaint

A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated.

B. The complaint shall state:

1. The names and residences, if known, of each of the owners or claimants.

2. The share or interest which plaintiff and the owners or claimants own or claim, so far as known to plaintiff.

3. A description of the real property to identify it and its estimated value.
A.R.S. § 12-2266 — Arizona Code / Title 12 / Chapter 13 / Article 6 / Section 2266
12-2266 Certificate of purchase, location or receiver's receipt as prima facie evidence of right to possession
Status: in_force

12-2266. Certificate of purchase, location or receiver's receipt as prima facie evidence of right to possession

A certificate of purchase or a certificate of location or a duplicate receiver's receipt for land situated in this state, issued or made pursuant to any law of the United States or of this state, is prima facie evidence that the holder or assignee of such certificate or receipt is the owner of and entitled to possession of the land described therein as against every other person except the United States.
A.R.S. § 12-584 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 584
12-584 Special findings; future damages
Status: in_force

12-584. Special findings; future damages

A. If liability is found in a trial conducted under this article, the trier of fact shall make separate findings for each claimant specifying the amount of any:

1. Past damages in a lump sum.

2. Future damages for noneconomic loss in a lump sum.

3. Future damages and the periods over which they will accrue, on an annual basis, for each of the following types:

(a) Costs of health care.

(b) Other economic loss.

B. The findings for future costs of health care of an injured claimant shall reflect the costs and losses during each year the trier of fact finds the claimant will sustain those costs and losses. The findings for other future economic loss of an injured claimant shall be based on the losses that the claimant or beneficiary will sustain over the period of time the claimant or the deceased would have lived but for the bodily injury on which the claim is based.

C. The trier of fact may find that future costs of health care will continue for the duration of the claimant's life, in which case it is not necessary to decide how long the claimant will live. If the trier of fact so finds, the trier of fact shall determine the costs of health care the claimant will incur each year while living.
A.R.S. § 12-741 — Arizona Code / Title 12 / Chapter 6 / Article 14 / Section 741
12-741 Unauthorized disclosure of intimate images; civil action; exceptions; confidential information form; remedies; statute of limitations; definitions
Status: in_force

12-741. Unauthorized disclosure of intimate images; civil action; exceptions; confidential information form; remedies; statute of limitations; definitions

A. A person is liable in a civil action for intentionally disclosing or threatening to disclose an intimate image of another individual if the depicted individual suffers harm from the disclosure or threatened disclosure and the person knew or should have known all of the following:

1. The depicted individual did not consent to the disclosure.

2. The intimate image was private.

3. The depicted individual was identifiable from the image itself or from information that is displayed in connection with the image.

B. Evidence that the depicted individual consented to the creation of the image or that the depicted individual previously consented to the disclosure of the image does not by itself establish that the depicted individual consented to the disclosure of the intimate image or that the depicted individual lacked a reasonable expectation of privacy.

C. A depicted individual who does not consent to the specific sexual activities or state of nudity depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the depicted individual was in a public place.

D. Notwithstanding subsection A of this section, a person is not liable under this section if the person proves that disclosing or threatening to disclose the intimate image was any of the following:

1. Made in good faith in any of the following:

(a) Law enforcement.

(b) A legal proceeding.

(c) Medical education or treatment.

2. Made in good faith in reporting or investigating any of the following:

(a) Unlawful conduct.

(b) Unsolicited and unwelcome conduct.

3. Related to a matter of public concern or public interest.

4. Reasonably intended to assist the depicted individual.

5. Made by a parent, legal guardian or individual with legal custody of a child and the depicted individual is the child unless the image is disclosed with the intent to harm the depicted individual.

E. Subsection D of this section does not apply if the plaintiff proves the disclosure was prohibited by law or made for the purpose of sexual arousal, sexual gratification, humiliation, degradation or monetary or commercial gain.

F. Disclosing or threatening to disclose an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.

G. If the plaintiff files with the court and serves on the defendant a confidential information form that includes the excluded or redacted plaintiff's name and other identifying characteristics, the court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. The court may make further orders as necessary to protect the identity and privacy of a plaintiff.

H. The prevailing plaintiff may recover:

1. The greater of:

(a) Economic and noneconomic damages that are proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages.

(b) Statutory damages of not more than $10,000 against each defendant found liable under this section for all of the defendant's disclosures and threatened disclosures that the plaintiff knew or reasonably should have known when filing the action or that became known during the pendency of the action. In determining the amount of statutory damages under this subdivision, consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant and other exacerbating or mitigating factors.

2. An amount equal to any monetary gain made by the defendant from disclosing or threatening to disclose the intimate image.

3. Punitive damages.

4. Reasonable attorney fees and costs.

5. Additional relief, including injunctive relief.

I. A civil action for an unauthorized disclosure may not be brought later than four years after the date that the disclosure was discovered or should have been discovered with the exercise of reasonable diligence except that a threat to disclose may not be brought later than four years after the date of the threat to disclose.

J. In a civil action brought by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in subsection I of this section does not begin to run until the depicted individual attains the age of majority.

K. For the purposes of this section:

1. "Consent" means affirmative, conscious and voluntary authorization by an individual with legal capacity to give authorization.

2. "Depicted individual" means an individual whose body is shown in whole or in part in an intimate image.

3. "Disclose" or "disclosure" means to display, distribute, publish, advertise or offer.

4. "Harm" includes physical harm, economic harm and emotional distress whether or not accompanied by physical or economic harm.

5. "Intimate image" means a photograph, film, videotape, digital recording or other similar medium that shows a state of nudity or specific sexual activities.

6. "Private" means either of the following:

(a) Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy.

(b) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism or exceeding authorized access to an account, message, file, device, resource or property.

7. "Specific sexual activities" has the same meaning prescribed in section 11-811.

8. "State of nudity" has the same meaning prescribed in section 11-811, subsection E, paragraph 14, subdivision (a).
A.R.S. § 12-1873 — Arizona Code / Title 12 / Chapter 10 / Article 4 / Section 1873
12-1873 Appeals; stay
Status: in_force

12-1873. Appeals; stay

A. The court's certification or refusal to certify a class action is appealable in the same manner as a final order or judgment.

B. If an appeal is filed pursuant to this section, all discovery and other proceedings shall be stayed except that on motion of a party, the court may permit discovery proceedings to continue during the pendency of the appeal.

C. An appeal filed pursuant to subsection A of this section shall be entitled to preference.
A.R.S. § 12-120.09 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.09
12-120.09 Duties of clerk; records; certified copies
Status: in_force

12-120.09. Duties of clerk; records; certified copies

A. The clerk of each division shall:

1. Issue writs and processes of the court.

2. 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 court of appeals, and a memorandum of all subsequent proceedings, with the date and the fees charged.

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

B. The clerk shall furnish a certified copy of any record or proceeding of the court on receiving the fee for the copy, except that no fee shall be required from state or other public officers whose duties require such certified copy.

C. The clerk of each division of the court of appeals may destroy or provide for the destruction of all documents, records, instruments, books, papers, depositions, exhibits and transcripts in any action or proceeding in the court of appeals, or otherwise filed or deposited in the clerk's custody pursuant to rules established by the supreme court.

D. A photographic or electronic reproduction or image of any of the records described in this section, which has been certified by the person in charge of such reproduction as being an exact replica of the original, shall be received in evidence in all courts, and in hearings before any officer, board or commission having jurisdiction or authority to conduct such hearings, in like manner as the original.

E. The clerk shall notify the director of the Arizona state library, archives and public records of records designated for destruction pursuant to court rules. The state library, during the time prescribed by court rule, may review and inspect these records. During this time period, the state library may remove any of these records for storage and retrieval.
A.R.S. § 12-120.02 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.02
12-120.02 Election of judges
Status: in_force

12-120.02. Election of judges

A. In division 1, of the nineteen judges, ten of the judges shall be residents of and elected for retention from Maricopa county, five of the judges shall be residents of the remaining counties in the division and shall be elected for retention by the voters of the counties in division 1, excluding Maricopa county, and four of the judges shall be at-large judges and be residents of any county in the division. If an at-large judge is a resident of Maricopa county, the judge shall be elected for retention by the voters of Maricopa county. If an at-large judge is not a resident of Maricopa county, the judge shall be elected for retention by the voters of the counties in division 1, excluding Maricopa county.

B. In division 2, of the nine judges, four of the judges shall be residents of and elected from Pima county, two of the judges shall be residents of the remaining counties in the division and shall be elected by the voters of the counties in division 2, excluding Pima county, and three of the judges shall be at-large judges and be residents of any county in the division. If an at-large judge is a resident of Pima county, the judge shall be elected for retention by the voters of Pima county. If an at-large judge is not a resident of Pima county, the judge shall be elected for retention by the voters of the counties in division 2, excluding Pima county.
A.R.S. § 12-286 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 286
12-286 Investment of deposits; definition
Status: in_force

12-286. Investment of deposits; definition

A. The clerk of the superior court may invest monies received in trust in interest bearing savings accounts or certificates of deposit in banks or savings and loan associations doing business in this state whose accounts are insured by the federal deposit insurance corporation or the federal savings and loan insurance corporation. Deposits in excess of the insured amount shall be secured by the depository as prescribed in section 35-323.

B. Interest earned on investments made pursuant to this section shall be deposited in the county general fund.

C. The clerk of the superior court shall establish an accounting system for all monies received in trust which are invested in interest bearing savings accounts or certificates of deposits pursuant to this section.

D. If the county has established a county attorney victim compensation fund pursuant to section 11-538, on the fifteenth day of each month the clerk of the superior court shall transmit seventy-five per cent of the interest earned on restitution monies that are received in trust as prescribed by subsection F, paragraph 4 of this section and that accumulated in the previous month and seventy-five per cent of the interest earned on juvenile restitution monies that are received in trust as prescribed by subsection F, paragraph 5 of this section and that accumulated in the previous month to the county treasurer for deposit in the county attorney victim compensation fund.

E. If the county has established a clerk of the superior court victim location fund pursuant to section 12-287, on the fifteenth day of each month the clerk of the superior court shall transmit twenty-five per cent of the interest earned on restitution monies that are received in trust as prescribed by subsection F, paragraph 4 of this section and that accumulated in the previous month and twenty-five per cent of the interest earned on juvenile restitution monies that are received in trust as prescribed by subsection F, paragraph 5 of this section and that accumulated in the previous month to the county treasurer for deposit in the clerk of the superior court victim location fund.

F. In this section, "monies received in trust" means monies received in a fiduciary capacity by the clerk including all of the following:

1. Civil trust monies.

2. Dissolution sale of proceeds monies.

3. Probate and guardianship trust monies.

4. Criminal bonds and restitution.

5. Juvenile restitution.

6. Habeas corpus trust monies.

7. Mental incompetent trust monies.

8. Adoption trust monies.

9. Condemnation bonds.

10. Support monies.
A.R.S. § 12-1175 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1175
12-1175 Complaint and answer; service and return; notice and pleading requirements
Status: in_force

12-1175. Complaint and answer; service and return; notice and pleading requirements

A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a justice of the peace, summons shall issue no later than the next judicial day.

B. The complaint shall contain a description of the premises of which possession is claimed in sufficient detail to identify them and shall also state the facts that entitle the plaintiff to possession and authorize the action.

C. The summons shall be served at least two days before the return day, and return made thereof on the day assigned for trial.

D. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.
A.R.S. § 12-1634 — Arizona Code / Title 12 / Chapter 9 / Article 8 / Section 1634
12-1634 Attendance of witnesses; application of property toward satisfaction of judgment
Status: in_force

12-1634. Attendance of witnesses; application of property toward satisfaction of judgment

A. Witnesses may be required to appear and testify before the court or referee upon any proceeding under this article as upon trial of an action.

B. The court may order any property of the judgment debtor not exempt from execution, in the hands of any person or due the judgment debtor, to be applied toward satisfaction of the judgment.
A.R.S. § 12-2101.01 — Arizona Code / Title 12 / Chapter 12 / Article 1 / Section 2101.01
12-2101.01 Appeals from arbitration awards
Status: in_force

12-2101.01. Appeals from arbitration awards

A. An appeal may be taken from any of the following:

1. An order denying an application to compel arbitration made under section 12-1502 or 12-3007.

2. An order granting an application to stay arbitration made under section 12-1502 or 12-3007.

3. An order denying confirmation of an award.

4. An order modifying or correcting an award.

5. An order vacating an award without directing a rehearing.

6. A judgment or decree entered pursuant to chapter 9 or 21 of this title.

B. The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
A.R.S. § 12-1845 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1845
12-1845 Uniformity of interpretation
Status: in_force

12-1845. Uniformity of interpretation

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
A.R.S. § 12-1148 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1148
12-1148 Notice of hearing by special master
Status: in_force

12-1148. Notice of hearing by special master

A. Immediately after being appointed and taking the oath, the special master shall send notice by registered mail to all persons who have appeared in the action, or to their attorneys of record, and to all others having any interest in or lien upon the real property sought to be condemned, as shown by the records of the office of the county recorder, and to guardians ad litem appointed pursuant to the provisions of section 12-1146. The notice shall be addressed to such persons at their respective last known addresses and shall be substantially in the following form:

"IN THE   COURT FOR THE   OF

TO WHOM IT MAY CONCERN:

Notice is hereby given that   (here insert name of plaintiff) has filed a complaint in the above court to acquire by condemnation under the laws relating to the condemnation of real property for public works projects for   (here give a brief general description of the public works project for which the land is sought to be acquired), the following described land: (Here describe the land sufficiently for the identification thereof. The description may be by a plat or map).

All persons having an interest in or lien upon the above described property, for which compensation will be demanded, are hereby notified that all claims or demands for compensation by reason of the taking and condemnation of such property shall be filed in writing with said court before  (here insert date at least fifteen days after the date set for the court hearing in the notice specified in section 12-1145), and shall be deemed waived unless so filed, and that on  a hearing will be held by the special master at  (insert time and place fixed by the court for such hearing) with respect to the amount of compensation to be paid for the property sought to be condemned, and the persons entitled thereto.

Dated  day of

Special master appointed by the court."

B. The special master shall also cause a copy of the notice to be posted in conspicuous places on the property sought to be condemned.
A.R.S. § 12-1810 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1810
12-1810 Injunction against workplace harassment; definitions
Status: in_force

12-1810. Injunction against workplace harassment; definitions

A. An employer or an authorized agent of an employer may file a written verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting workplace harassment.

B. The court shall not grant an injunction against workplace harassment against either:

1. A person who is under twelve years of age unless the injunction is granted by the juvenile division of the superior court.

2. More than one defendant.

C. The petition shall state all of the following:

1. The name of the employer.

2. The name and address, if known, of the defendant.

3. A specific statement showing the events and dates of the acts that constitute harassment toward the employer or any person who enters the employer's property or who is performing official work duties.

D. The filing fee for a petition that is filed pursuant to this section is established pursuant to sections 12-284, 22-281 and 22-404.

E. The court shall review the petition and any evidence offered by the employer to determine whether to issue the injunction without further hearing.  Rules 65(a)(1) and 65(e) of the Arizona rules of civil procedure do not apply to injunctions requested pursuant to this section.  If the court finds reasonable evidence of workplace harassment by the defendant or that good cause exists to believe that great or irreparable harm would result to the employer or any other person who enters the employer's property or who is performing official work duties or if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and the court finds specific facts that attest to the employer's efforts to give notice to the defendant or reasons supporting the employer's claim that notice should not be given, the court shall issue an injunction pursuant to subsection F of this section.  If the court denies the requested relief, the court may schedule a further hearing within ten days with reasonable notice to the defendant.

F. If the court grants an injunction against workplace harassment, the court may do any of the following:

1. Restrain the defendant from coming near the employer's property or place of business and restrain the defendant from contacting the employer or other person while that person is on or at the employer's property or place of business or is performing official work duties.

2. Grant any other relief necessary for the protection of the employer, the workplace, the employer's employees or any other person who is on or at the employer's property or place of business or who is performing official work duties.

G. If the court issues an ex parte injunction pursuant to this section, the injunction shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office in which the request may be filed.  At any time during the period that the injunction is in effect, the defendant may request a hearing. The court shall hold the hearing within ten days after the date of the written request unless the court finds compelling reasons to continue the hearing. The hearing shall be held at the earliest possible time. After the hearing, the court may modify, quash or continue the injunction.

H. An injunction against workplace harassment that is issued pursuant to this section shall include the following statement:

Warning

This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

I. An injunction that is not served on the defendant within one year after the date that the injunction is issued expires.  The injunction is effective on the defendant on service of a copy of the injunction and petition and expires one year after service on the defendant.  A modified injunction is effective on service and expires one year after service of the initial injunction and petition.

J. A supplemental information form that is used solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential.

K. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule.  The filing shall be completed in person, electronically or by fax.

L. The supreme court shall maintain a central repository for injunctions.  Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court that issued the injunction shall enter the order and proof of service into the supreme court's central repository for injunctions.  The supreme court shall register a copy of the injunction and a copy of the affidavit of service of process or acceptance of service with the national crime information center. The effectiveness of an injunction does not depend on the injunction's registration, and for enforcement purposes pursuant to section 13-2810, a copy of an injunction, whether or not registered, is presumed to be a valid existing order of the court for one year after the date on which the defendant was served. Any changes or modifications to the injunction are effective on entry by the court and shall be registered with the clerk of the issuing court, or as otherwise required by court rule, within twenty-four hours after the entry, excluding weekends and holidays.

M. This section does not:

1. Expand, diminish, alter or modify the duty of an employer to provide a safe workplace for its employees and other persons.

2. Permit a court to issue a temporary restraining order or injunction that prohibits speech or other activities that are constitutionally protected or otherwise protected by law, including actions involving organized labor disputes that do not involve unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321, defamation in violation of section 23-1325 or any actual or threatened misrepresentation, fraud, duress, violence or breach of the peace.

3. Preclude either party from being represented by private counsel or appearing on the party's own behalf.

N. When the employer has knowledge that a specific person or persons are the target of harassment as defined by this section, the employer shall make a good faith effort to provide notice to the person or persons that the employer intends to petition the court for an injunction against workplace harassment.

O. Whether or not a violation occurs in the presence of a peace officer, a peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an injunction that was issued pursuant to this section.  The release provisions under section 13-3903 do not apply to an arrest made pursuant to this subsection.  A person who is arrested pursuant to this subsection may be released from custody pursuant to the Arizona rules of criminal procedure or any applicable statute.  The court shall include in an order for release any pretrial release conditions that the court deems appropriate.

P. The remedies under this section for the enforcement of protection orders are in addition to any other civil and criminal remedies that are available. The municipal court and the justice court may hear and decide all matters arising pursuant to this section.  On notice to the affected party and after a hearing, the court may enter an order that requires any party to pay the costs of the action, including reasonable attorney fees.  A party may appeal an order entered by a justice court or municipal court pursuant to section 22-261 or 22-425 and the superior court rules of civil appellate procedure without regard to an amount in controversy.

Q. A peace officer who makes an arrest pursuant to this section is immune from civil or criminal liability if the officer acts on probable cause.

R. An employer is immune from civil liability for seeking or failing to seek an injunction under this section unless the employer is seeking an injunction primarily to accomplish a purpose for which the injunction was not designed. Any action or statement by an employer under this section shall not be deemed an admission by the employer of any fact. An action or statement by an employer under this section may be used for impeachment purposes.

S. In addition to the persons who are authorized to serve process pursuant to rule 4(d), Arizona rules of civil procedure, a peace officer may serve an injunction against workplace harassment pursuant to this section.

T. For the purposes of this section:

1. "Employer" means an individual, partnership, association or corporation or a person or group of persons who act, directly or indirectly, on behalf of or in the interest of an employer and with the consent of the employer. Employer includes this state, a political subdivision of this state and any school district or other special district.

2. "Harassment" means a single threat or act of physical harm or damage or a series of acts over any period of time that would cause a reasonable person to be seriously alarmed or annoyed and includes unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321 and defamation in violation of section 23-1325.
A.R.S. § 12-909 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 909
12-909 Pleadings and record on review
Status: in_force

12-909. Pleadings and record on review

A. The notice of appeal shall contain a statement of the findings and decision or part of the findings and decision sought to be reviewed.

B. Notwithstanding section 12-904, subsection B, by order of the court or by stipulation of all parties to the action, the record may be shortened or supplemented.

C. If the cause is remanded to the administrative agency and a review thereafter is sought of the administrative decision, the original and supplemental record, or so much thereof as is determined by court order or stipulation of all the parties, shall constitute the record on review.
A.R.S. § 12-120.07 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.07
12-120.07 Opinions; publication
Status: in_force

12-120.07. Opinions; publication

A. The chief judge shall assign three of the judges to each department, and such assignment may be changed by him from time to time.  Each of the departments shall have the power to hear and determine causes and all questions arising therein. The presence of three judges shall be necessary to transact any business in either of the departments; except such as may be done in chambers and except as may be otherwise permitted by law. The opinions of a division or of a department of the court of appeals shall be in writing, the grounds stated, and shall be concurred in by a majority of a department if heard by a department or of the division if heard by the division. An opinion of a division or a department of a division shall be the opinion of the court of appeals.

B. The opinions of the court of appeals shall be published and distributed in the same manner as provided for the publication and distribution of opinions of the supreme court.

C. Not later than sixty days preceding the regular primary election for the retention of an appellate court judge, the commission on judicial performance review shall prepare and publish on its website a list of the decisions of that appellate court judge including the decision's official citation and an electronic copy of the entire text of the decision.
A.R.S. § 12-1585 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1585
12-1585 Order regarding personal property subject to garnishment; objection; hearing
Status: in_force

12-1585. Order regarding personal property subject to garnishment; objection; hearing

A. If the answer shows that the garnishee was holding personal property of the judgment debtor at the time the writ was served, and no objection to the writ or answer is timely filed, on application by the judgment creditor the court shall enter an order on the writ against the garnishee to hold the nonexempt personal property of the judgment debtor held by the garnishee when the writ was served pending service of a writ of special execution pursuant to section 12-1554.

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 personal property of the judgment debtor, if any, the garnishee was holding at the time the writ was served, and the court shall enter an order on the writ against the garnishee to hold the nonexempt personal property or enter an order discharging the garnishee if no nonexempt personal property is determined to be held by the garnishee.

C. The judgment creditor shall deliver a copy of the order on the writ to the garnishee and the judgment debtor.

D. An order entered pursuant to subsection A or B of this section shall not order more property held than is reasonably necessary to satisfy the amount of the outstanding balance of the underlying judgment, together with accrued interest and costs and attorney fees, if awarded.

E. An order entered pursuant to subsection A or B of this section shall order the garnishee to hold the adjudged nonexempt personal property from the judgment debtor and to deliver the property to the sheriff or any constable presenting a writ of general execution or special execution based on the underlying judgment. The court may order the judgment debtor or the garnishee, or both, to execute and deliver to the sheriff or constable such instruments or documents as are within the legal power of the judgment debtor or garnishee to execute and to deliver. To effectuate the execution and delivery, the court may order a garnishee corporation to issue and deliver unissued stock or securities of the corporation owned by the judgment debtor.

F. If no writ of special execution is served on the garnishee by the sheriff or constable within ninety days after the entry of the order pursuant to subsection A or B of this section, the order on the writ expires, the garnishee has no further obligation on the writ and the garnishee is no longer restricted from transferring the nonexempt personal property to the judgment debtor.
A.R.S. § 12-102.01 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 102.01
12-102.01 Criminal case processing and enforcement improvement fund
Status: in_force

12-102.01. Criminal case processing and enforcement improvement fund

A. The criminal case processing and enforcement improvement fund is established consisting of monies appropriated to the fund. The purpose of the fund is to improve the processing of criminal cases in the superior court and the justice courts and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures.

B. The supreme court shall administer the fund. The supreme court shall allocate monies in the fund to counties for the planning and implementation of collaborative projects that are designed to improve the processing of criminal cases and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. At a minimum, each project shall involve the county attorney, county public defender, county legal defender, county contract indigent defense counsel, superior court, clerk of the superior court, county manager and justice courts in the county. Additional criminal justice entities may also be included in the project.

C. To be eligible for funding, pursuant to this section, a county shall submit to the supreme court a plan that demonstrates how the county attorney, county public defender, county legal defender, county contract indigent defense counsel, superior court including the clerk of the superior court, justice courts and other identified criminal justice entities will work together collaboratively to both:

1. Identify current problems with criminal case processing and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures.

2. Identify possible solutions and efficiencies to improve the case processing time and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures.

D. By January 8 of each year, the supreme court shall report to the governor, the legislature, each county board of supervisors, the joint legislative budget committee and the Arizona criminal justice commission on the progress of the criminal case processing projects and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. The county attorney, indigent defense counsel and county board of supervisors in each county and the attorney general shall assist the supreme court in preparing the report by providing information relevant to the report. This information may be combined into one report with the information required pursuant to section 12-102.02, subsection D.

E. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties and the state to improve the processing of criminal cases and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures.

F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are subject to legislative appropriation.

G. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 12-3029 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3029
12-3029 Relationship to electronic signatures in global and national commerce act
Status: in_force

12-3029. Relationship to electronic signatures in global and national commerce act

The provisions of this chapter governing the legal effect, validity and enforceability of electronic records or electronic signatures and of contracts performed with the use of such records or signatures conform to the requirements of section 102 of the electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 463; 15 United States Code sections 7001 and 7002).
A.R.S. § 12-940 — Arizona Code / Title 12 / Chapter 7 / Article 8 / Section 940
12-940 Definitions
Status: in_force

12-940. Definitions

In this article, unless the context otherwise requires:

1. "Dispose" means the transfer of property by its return to the owner, sale, conversion or destruction or by any other means of disposal.

2. "Evidence" means property that is held for possible presentation in a judicial or administrative proceeding to establish the truth or falsity of an alleged matter of fact.

3. "Found property" means recovered, lost, surrendered, abandoned or otherwise received property that is turned over to a public agency where the owner may or may not be known and that is not classified as evidence.

4. "Property" means any item, including currency, that is held for safekeeping or as evidence or found property or that has been abandoned, unclaimed or awarded by the court.

5. "Property value" means the reasonable value of the property in its present condition.

6. "Safekeeping" means storage of an asset or item of value by a public agency that is not classified as evidence and that belongs to a known individual.
A.R.S. § 12-2604 — Arizona Code / Title 12 / Chapter 17 / Article 1 / Section 2604
12-2604 Expert witness qualifications; medical malpractice actions
Status: in_force

12-2604. Expert witness qualifications; medical malpractice actions

A. In an action alleging medical malpractice, a person shall not give expert testimony on the appropriate standard of practice or care unless the person is licensed as a health professional in this state or another state and the person meets the following criteria:

1. If the party against whom or on whose behalf the testimony is offered is or claims to be a specialist, specializes at the time of the occurrence that is the basis for the action in the same specialty or claimed specialty as the party against whom or on whose behalf the testimony is offered.  If the party against whom or on whose behalf the testimony is offered is or claims to be a specialist who is board certified, the expert witness shall be a specialist who is board certified in that specialty or claimed specialty.

2. During the year immediately preceding the occurrence giving rise to the lawsuit, devoted a majority of the person's professional time to either or both of the following:

(a) The active clinical practice of the same health profession as the defendant and, if the defendant is or claims to be a specialist, in the same specialty or claimed specialty.

(b) The instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant and, if the defendant is or claims to be a specialist, in an accredited health professional school or accredited residency or clinical research program in the same specialty or claimed specialty.

3. If the defendant is a general practitioner, the witness has devoted a majority of the witness's professional time in the year preceding the occurrence giving rise to the lawsuit to either or both of the following:

(a) Active clinical practice as a general practitioner.

(b) Instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant.

B. If the defendant is a health care institution that employs a health professional against whom or on whose behalf the testimony is offered, the provisions of subsection A apply as if the health professional were the party or defendant against whom or on whose behalf the testimony is offered.

C. This section does not limit the power of the trial court to disqualify an expert witness on grounds other than the qualifications set forth under this section.

D. An expert witness in a medical malpractice case shall not be permitted to testify if the fee of the witness is in any way contingent on the outcome of the case.
A.R.S. § 12-1158 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1158
12-1158 Effect of payment into court; security; disbursement
Status: in_force

12-1158. Effect of payment into court; security; disbursement

A. The payment into court by plaintiff of the amount of the judgment, or the deposit in court of the amount fixed and determined as provided in section 12-1155, shall be deemed a payment or deposit of money for the use of the persons entitled thereto. The payment or deposit shall constitute a payment to the persons entitled thereto to the extent of the monies so paid or deposited in the court.

B. Any such payment shall be as valid and effectual in all respects as if made by plaintiff directly to the person entitled thereto, or in the case of a person under legal disability, as if made to his guardian, whether or not:

1. Such person or his whereabouts is known or unknown.

2. Such person is under a legal disability.

3. There are adverse or conflicting claims to such awards.

C. The money paid into court shall be secured in the manner directed by the court, and shall be paid to the persons found entitled thereto as provided by the final judgment of the court.
A.R.S. § 12-1306 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1306
12-1306 Defect in bond; retaking of property
Status: in_force

12-1306. Defect in bond; retaking of property

If it appears to the court at any time before trial that either of the bonds is not good and sufficient, it shall order the party to give a new bond with good and sufficient sureties within such time as the court directs. Upon failure of the party to comply with the order, the court shall order that the officer retake the property and deliver it to the other party, and the action shall then proceed as if such bond had not been filed.
A.R.S. § 12-686 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 686
12-686 Inadmissible evidence
Status: in_force

12-686. Inadmissible evidence

In any product liability action, the following shall not be admissible as direct evidence of a defect:

1. Evidence of advancements or changes in the state of the art subsequent to the time the product was first sold by the defendant.

2. Evidence of any change made in the warnings, design or methods of manufacturing or testing the product or any similar product subsequent to the time the product was first sold by the defendant.
A.R.S. § 12-515 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 515
12-515 Emergency declaration for a public health pandemic; immunity from liability; burden of proof; presumption; applicability; definition
Status: in_force

12-515. Emergency declaration for a public health pandemic; immunity from liability; burden of proof; presumption; applicability; definition

A. If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a person or provider that acts in good faith to protect a customer, student, tenant, volunteer, patient, guest or neighbor or the public from injury from the public health pandemic is not liable for damages in any civil action for any injury, death or loss to person or property that is based on a claim that the person or provider failed to protect the customer, student, tenant, volunteer, patient, guest, neighbor or public from the effects of the public health pandemic unless it is proven by clear and convincing evidence that the person or provider failed to act or acted and the failure to act or action was due to that person's or provider's wilful misconduct or gross negligence. A person or provider is presumed to have acted in good faith if the person or provider adopted and implemented reasonable policies related to the public health pandemic.

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

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

D. For the purposes of this section, "provider" means any of the following:

1. A person who furnishes consumer or business goods or services or entertainment.

2. An educational institution or district.

3. A school district or charter school.

4. A property owner, property manager or property lessor or lessee.

5. A nonprofit organization.

6. A religious institution.

7. This state or an agency or instrumentality of this state.

8. A local government or political subdivision of this state, including a department, agency or commission of a local government or political subdivision of this state.

9. A service provider as defined in section 36-551.

10. A health professional as defined in section 32-3201, including a person who is supervised by the health professional in the course of providing health care services.

11. A health care institution as defined in section 36-401.
A.R.S. § 12-353 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 353
12-353 Recovery of costs; attorney discipline investigations; definition
Status: in_force

12-353. Recovery of costs; attorney discipline investigations; definition

A. In an attorney discipline matter, if an attorney who is the subject of the charge prevails, in addition to any costs that are awarded by statute, the state bar of Arizona is responsible to the attorney for any attorney fees and court costs.  Court costs include the cost of all stages of the investigation and discipline process and, if applicable, any court litigation and appeal.

B. For the purposes of this section, "attorney discipline matter" means any charge that is not dismissed by the state bar of Arizona before final disposition of the complaint by the presiding disciplinary judge or the supreme court.
A.R.S. § 12-2902 — Arizona Code / Title 12 / Chapter 20 / Article 1 / Section 2902
12-2902 Payment rights; transfer conditions
Status: in_force

12-2902. Payment rights; transfer conditions

A. Direct or indirect transfer of structured settlement payment rights shall not be effective and a structured settlement obligor or annuity issuer shall not be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been authorized in advance in a final order of a court of competent jurisdiction or responsible administrative authority.

B. Before issuing a final order pursuant to subsection A, the court or responsible administrative authority shall expressly find that:

1. The transfer complies with the requirements of this chapter and will not contravene any other applicable law.

2. Not less than three days before the date on which the payee signed the transfer agreement, the transferee provided to the payee a disclosure statement in bold type, no smaller than fourteen points, setting forth:

(a) The amounts and due dates of the structured settlement payments to be transferred.

(b) The aggregate amount of the payments.

(c) The discounted present value of the payments to be transferred, which shall be identified as the calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities, and the amount of the applicable federal rate used in calculating the discounted present value.

(d) The gross advance amount that is payable to the payee in exchange for the payments.

(e) An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of attorney fees and related disbursements.

(f) The net advance amount that is payable to the payee after deduction of all commissions, fees, costs, expenses and charges listed in subdivision (e) of this paragraph.

(g) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.

(h) The amount of any penalty and the aggregate amount of any liquidated damages inclusive of penalties that are payable by the payee in the event of any breach of the transfer agreement by the payee.

3. The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents.

4. The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received the advice or knowingly waived the advice in writing.

5. If the transfer would contravene any applicable statute or the order of any court or other government authority.

C. Following a transfer of structured settlement payment rights under this chapter:

1. The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.

2. The transferee shall be liable to the structured settlement obligor and the annuity issuer:

(a) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer.

(b) For any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this act.
A.R.S. § 12-3452 — Arizona Code / Title 12 / Chapter 28 / Article 1 / Section 3452
12-3452 Preserving consumer control and recoveries
Status: in_force

12-3452. Preserving consumer control and recoveries

A. A litigation financier may not direct or make any decisions with respect to the course of any action that is subject to a litigation financing agreement or any settlement or other disposition thereof, including decisions concerning appointing or changing counsel, choice of or use of expert witnesses and litigation strategy. The named party and counsel of record shall retain all rights to control and decision-making with regard to the action.

B. If there has been a prior disclosure of the existence of litigation financing in a class action litigation, the court shall consider the existence of litigation financing and any related conflicts of interest when determining whether a class representative or class counsel would adequately and fairly represent the interests of the class.

C. If there has been a prior disclosure of the existence of litigation financing in multidistrict litigation, the court shall consider the existence of litigation financing and any related conflicts of interest when approving or appointing counsel to leadership positions.  For the purposes of this subsection, "leadership positions" means any lead counsel, colead counsel, common benefit counsel, steering committee membership, executive committee membership and other similar positions or roles.
A.R.S. § 12-2211 — Arizona Code / Title 12 / Chapter 13 / Article 2 / Section 2211
12-2211 Attendance of witnesses; punishment for failure to appear or testify
Status: in_force

12-2211. Attendance of witnesses; punishment for failure to appear or testify

A. A witness summoned in an action shall attend the court from day to day until discharged by the court or, with the court's permission, by the party summoning him.

B. A witness summoned who fails to appear may be punished for contempt of court, and a warrant for the arrest of such witness may be issued to compel his attendance.

C. A witness summoned or otherwise in attendance who refuses to testify may be committed to the county jail until he consents to testify or until discharged as provided by law.

D. No punishment for contempt shall be imposed upon a witness, nor shall a warrant for his arrest be issued until it appears that the lawful fees have been paid or tendered to the witness.
A.R.S. § 12-582 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 582
12-582 Election of periodic payments
Status: in_force

12-582. Election of periodic payments

A. This article applies to any trial involving a claim for future damages arising out of a medical malpractice action. Any party may elect to receive or pay future damages for economic losses in periodic installments in accordance with this article.

B. The election shall be made pursuant to court rule. Any objection to the election shall be made pursuant to court rule.

C. An election filed by a party claiming or responding to a claim for future damages is effective unless an objecting party shows good cause pursuant to section 12-583 why the trial or arbitration of a claim affecting the party should not be conducted under this article.

D. If an effective election is on file at the commencement of trial, all claims, including third party claims, counterclaims and claims consolidated for trial shall be tried under this article unless the court finds that a separate trial or other proceeding should be held on some or all of the claims that are not the subject of the election.

E. An effective election may be withdrawn only by consent of all parties to the claim to which the election relates.
A.R.S. § 12-963 — Arizona Code / Title 12 / Chapter 7 / Article 9 / Section 963
12-963 Compromise or waiver of claim
Status: in_force

12-963. Compromise or waiver of claim

A. This state or any of its political subdivisions required by law to furnish medical care and treatment may either:

1. Compromise, or settle and execute a release of, any claim which it has pursuant to section 12-962.

2. Waive any claim it has pursuant to section 12-962 in whole or in part either for its convenience or if it determines that collection would result in undue hardship upon the person who suffered the injury or disease resulting in care and treatment.

B. Actions taken by this state or a political subdivision in connection with the rights afforded under this article shall not operate to deny the injured or diseased person any recovery for that portion of his damage not covered by this article. A release executed by the state or any of its political subdivisions shall not release a third party from any claims of the injured or diseased person except that the third party shall be entitled to offset amounts paid to the state or political subdivision if such expenses are included in the claim of the injured or diseased person.
A.R.S. § 12-865 — Arizona Code / Title 12 / Chapter 7 / Article 4 / Section 865
12-865 One year limitation on contempt proceeding; contempt proceeding no bar to criminal prosecution
Status: in_force

12-865. One year limitation on contempt proceeding; contempt proceeding no bar to criminal prosecution

A. No proceeding for contempt shall be instituted against any person unless begun within one year from the date of the act complained of.

B. The proceeding for contempt or a satisfied judgment thereon shall not bar a criminal prosecution for the same act.
A.R.S. § 12-409 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 409
12-409 Change of judge; grounds; affidavit
Status: in_force

12-409. Change of judge; grounds; affidavit

A. If either party to a civil action in a superior court files an affidavit alleging any of the grounds specified in subsection B, the judge shall at once transfer the action to another division of the court if there is more than one division, or shall request a judge of the superior court of another county to preside at the trial of the action.

B. Grounds which may be alleged as provided in subsection A for change of judge are:

1. That the judge has been engaged as counsel in the action prior to appointment or election as judge.

2. That the judge is otherwise interested in the action.

3. That the judge is of kin or related to either party to the action.

4. That the judge is a material witness in the action.

5. That the party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice, or interest of the judge he cannot obtain a fair and impartial trial.
A.R.S. § 12-299.05 — Arizona Code / Title 12 / Chapter 2 / Article 11 / Section 299.05
12-299.05 Administrative personnel
Status: in_force

12-299.05. Administrative personnel

The supreme court may employ such personnel as it deems necessary to carry out this article.
A.R.S. § 12-1155 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1155
12-1155 Application by plaintiff to take possession; notice of hearing; money deposit; bond in lieu of deposit; judgment for deficiency
Status: in_force

12-1155. Application by plaintiff to take possession; notice of hearing; money deposit; bond in lieu of deposit; judgment for deficiency

A. The plaintiff may at any time after determination of the issues as provided in section 12-1146, if the court at such time found that the use for which the property is sought to be condemned is a necessary use, make application to the court for an order permitting plaintiff to take possession of and use the property sought to be condemned for the purposes prayed for.

B. Upon filing the application a time for the hearing thereof shall be fixed and notice thereof served upon the parties in interest by personal service within the state, or by publication if they reside without the state, in such manner as the court may direct.

C. On the day of the hearing, the court shall receive evidence as to the probable damages to each owner, possessor or person having an interest in each parcel of real property sought to be condemned, and may direct that upon a deposit of money equal to the amount of such probable damage so found to each person in interest, plaintiff shall be let into the possession and full use of the parcels of real property as described in the order for the purposes therein specified.

D. Monies so paid shall be deposited with the clerk of the court, and held by him to the use and benefit of each person having an interest in each parcel of real property sought to be condemned, subject to final judgment upon trial of the action, and held also as a fund to pay any further damages and costs recovered in the action as well as all damages sustained by defendant if for any cause the property is not finally taken for public use. The clerk of the court shall be liable to plaintiff for the deposit.

E. The parties may stipulate as to the amount of deposit, or for a bond from plaintiff in lieu of the deposit. The stipulation or evidence of the deposit shall not be introduced in evidence or used to the prejudice of any party in interest on the trial of the action.

F. The ultimate amount of compensation shall be fixed in the manner specified in this article. If the amount fixed exceeds the amount deposited by plaintiff, the court shall enter judgment against plaintiff in the amount of the deficiency, together with interest at the rate of six per cent per annum on the deficiency, from the date of the order of the court permitting plaintiff to take possession as provided by this section, but subject to abatement for use, income, rents or profits derived from the property by the owner thereof subsequent to the date of the order. The court shall order plaintiff to deposit the amount of the deficiency in court for the use and benefit of the person entitled thereto.
A.R.S. § 12-1254 — Arizona Code / Title 12 / Chapter 8 / Article 9 / Section 1254
12-1254 Survey; order; service of order
Status: in_force

12-1254. Survey; order; service of order

The court on motion and after notice to the opposite party may grant an order allowing the party applying therefor to enter upon the land in controversy and make a survey for purposes of the action. The order shall describe the property, and a copy of the order shall be served upon the owner or person in occupancy.
A.R.S. § 12-962 — Arizona Code / Title 12 / Chapter 7 / Article 9 / Section 962
12-962 Recovery of cost of medical care
Status: in_force

12-962. Recovery of cost of medical care

A. If this state or any of its political subdivisions provides medical care and treatment to a person who is injured or suffers from a disease under circumstances creating tort liability upon a third person, the state or political subdivision, either jointly or severally, may recover from the third person or the injured or diseased person the reasonable value of the medical care and treatment. To the extent of this right, this state or a political subdivision is subrogated to the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors with reference to any right or claim they might have against the third person. The head of the department or agency furnishing the medical care or treatment may require the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors to assign the claim or cause of action against the third person to the extent of the reasonable value of the medical care or treatment.

B. To enforce this right, the state or political subdivision may do the following:

1. Intervene or join in any action or proceeding brought by the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors against the third person who is liable for the injury or disease.

2. If an action or proceeding is not brought by the injured or diseased person, or the person's guardian, personal representative, estate, dependents or survivors within six months after the first day on which the medical care and treatment were furnished, institute and prosecute legal proceedings against the third person who is liable for the injury or disease for which the medical care and treatment were furnished. The action or proceeding may be brought in state or federal court, either in the name of the state or political subdivision, or in the name of the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors, or in conjunction with the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors.

3. Recover the cost of care from the injured or diseased person or the person's estate to the extent that such person has received money in settlement of the claim or satisfaction of a judgment against the third party.

C. If an action or proceeding is brought in the name of the state or political subdivision pursuant to subsection B, paragraph 2, the injured or diseased person or the person's guardian, personal representative, estate, dependents or survivors shall not be required to join the action or proceeding.
A.R.S. § 12-2325 — Arizona Code / Title 12 / Chapter 13 / Article 10 / Section 2325
12-2325 Disclosure required by court or administrative hearing; appeals; sanctions
Status: in_force

12-2325. Disclosure required by court or administrative hearing; appeals; sanctions

A. A court or administrative hearing officer with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing officer determines after an in camera review that any of the following applies:

1. The privilege is asserted for a fraudulent purpose.

2. The portion of the audit report is not subject to the privilege under section 12-2326.

3. The portion of the audit report shows evidence of noncompliance with a health or safety law and appropriate efforts to achieve compliance with the law were not promptly initiated and pursued with reasonable diligence after the discovery of the noncompliance.

B. A party seeking disclosure under this section has the burden of proving that subsection A of this section applies.

C. Notwithstanding any other law, a disclosure decision of an administrative hearing officer under subsection A of this section is directly appealable to a court of competent jurisdiction without disclosure of the audit report to any person unless disclosure is ordered by the court.

D. An organization claiming the privilege is subject to sanctions as prescribed by the rules of civil procedure or to a civil penalty not to exceed ten thousand dollars, if the court finds that the organization intentionally or knowingly claimed the privilege for nonprivileged materials prescribed in section 12-2326.

E. A court determination under this section is subject to interlocutory appeal to the court of appeals.
A.R.S. § 12-1578.01 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1578.01
12-1578.01 Time for answer
Status: in_force

12-1578.01. Time for answer

The writ, whether issued in the superior court, the justice court or the municipal court, shall require the garnishee to answer within ten days after being served with the writ.
A.R.S. § 12-1832 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1832
12-1832 Power to construe, etc.
Status: in_force

12-1832. Power to construe, etc.

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder.
A.R.S. § 12-1147 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1147
12-1147 Special master; duties; qualifications; compensation; oath; limitation upon powers
Status: in_force

12-1147. Special master; duties; qualifications; compensation; oath; limitation upon powers

A. The court, at the time of the hearing, shall appoint a special master to fix the amount of damages and compensation for the taking and condemnation of the property described in the complaint, to determine the persons entitled thereto and to report such facts to the court.

B. The special master shall be a disinterested person not related to anyone having an interest in or lien upon the property sought to be condemned. The compensation of the special master shall not exceed fifteen dollars per day plus travel and subsistence expenses.

C. The special master immediately after appointment shall subscribe to an oath that to the best of his ability he will truly find and return the compensation for the taking and condemnation of the property and the persons entitled thereto.

D. This section and the succeeding sections of this article pertaining to the appointment, duties and powers of, and proceedings before, a special master shall not apply to any person who has filed a written demand for trial by jury as to the amount of compensation. The rights of such person as to the amount of compensation shall be determined by jury trial and not by the special master.
A.R.S. § 12-113 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 113
12-113 Judicial collection enhancement fund; purpose; administration; report; definition
Status: in_force

12-113. Judicial collection enhancement fund; purpose; administration; report; definition

A. A judicial collection enhancement fund is established consisting of monies received from:

1. The time payment fee established in section 12-116.

2. The surcharge paid by a person attending a court ordered diversion program pursuant to section 12-114.

3. Monies deposited in the fund pursuant to section 12-114.01, section 12-119.01, subsection B, paragraph 1, section 12-120.31, subsection D, paragraph 1, section 12-284.03, subsection A, paragraph 7, section 22-281, subsection C, paragraph 1, section 22-404, subsection C, paragraph 1 and section 41-178.

4. Electronic filing and access fees collected pursuant to sections 12-119.02 and 12-120.31.

B. Courts wishing to receive monies from the judicial collection enhancement fund shall submit a plan to the supreme court. Subject to legislative appropriation, the fund monies shall be used according to plans approved by the supreme court to train court personnel, improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, including restitution, child support, fines and civil penalties, to improve court automation, to improve case processing or the administration of justice and for probation services.

C. The supreme court shall administer the fund and may expend monies in the fund, subject to legislative appropriation, for local, regional or statewide projects.  The supreme court may directly provide or contract for services consistent with the purposes of the fund.  Monies from the fund shall supplement monies already provided to local courts for purposes consistent with the purposes of the fund.

D. By January 8 of each year, the supreme court shall report to the governor and the legislature, for the prior fiscal year, the total monies collected, the amount spent and for what purposes, including an exact explanation of funds defined as administration of the fund, the amount remaining in the fund and the number of employees who are paid from the fund and their job descriptions.  The report shall also detail the progress made in improving the ability of the courts to collect monies.

E. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

F. After the court determines the amount due, the court shall transmit to the county treasurer each month the fees collected pursuant to section 12-116, except that municipal courts shall transmit to the city treasurer each month the fees so collected.

G. The county or city treasurer shall transmit to the state treasurer on or before the fifteenth day of each month the fees collected pursuant to subsection F of this section for deposit in the judicial collection enhancement fund.

H. For the purposes of this article, "court authorized diversion program" means a program in which an individual who is charged with a civil or criminal traffic offense or any other criminal offense is not prosecuted for the offense on the successful completion of an authorized diversion program.  Successful completion of a defensive driving school program resulting in dismissal of a civil or criminal traffic offense is considered a court authorized diversion program under this section.
A.R.S. § 12-1217 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1217
12-1217 Report of commissioners
Status: in_force

12-1217. Report of commissioners

A. When the partition is completed, the commissioners shall report in writing and under oath to the court. The report shall set forth:

1. A description of the real property divided.

2. The several tracts or parcels into which the real property was divided by them, describing particularly each of such tracts or parcels.

3. The number of shares, the land which constitutes each share, and the estimated value of each share.

4. The allotment of each share.

B. The report shall be accompanied by such field notes and maps as are necessary to make it intelligible.
A.R.S. § 12-1127 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1127
12-1127 Possession by plaintiff after judgment or pending appeal; receipt of payment as abandonment; custody of money paid into court; costs of new trial
Status: in_force

12-1127. Possession by plaintiff after judgment or pending appeal; receipt of payment as abandonment; custody of money paid into court; costs of new trial

A. At any time after judgment is entered, or pending an appeal from the judgment to the supreme court, when plaintiff has paid into court for defendant or defendants the full amount of the judgment, and such other amounts as required by the court as a fund to pay further damages and costs which may be recovered in the proceedings, as well as all damages that may be sustained by defendant or defendants if for any cause the property is not finally taken for public use, the superior court in which the action was tried may, upon notice of not less than ten days, authorize plaintiff, if already in possession, to continue therein, or if not, then to take possession of and use the property until final conclusion of the litigation, and may, if necessary, stay all actions and proceedings against plaintiff on account thereof.

B. The defendant or defendants who are entitled to the money paid into court upon any judgment may demand and receive the money at any time thereafter upon an order of the court. The court shall, upon application, order the money so paid into court delivered to the party entitled thereto upon his filing either a satisfaction of the judgment or a receipt for the money, and an abandonment of all defenses to the action or proceeding except as to the amount of damages to which he may be entitled if a new trial is granted. Such payment shall be deemed an abandonment of all defenses, except the party's claim for greater compensation.

C. The money paid into court on final judgment may be placed by order of court in the custody of the clerk or state treasurer to be held or disbursed upon order of court, and plaintiff and such officers shall be subject to the same responsibility, liabilities and restrictions with respect thereto as provided in this article when money is paid into court by plaintiff upon application for possession before trial.

D. When a new trial is granted upon application of a defendant, and he fails upon the trial to obtain greater compensation than was allowed upon the first trial, the costs of the new trial shall be taxed against him.
A.R.S. § 12-267 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 267
12-267 Adult probation services fund; accounts; expenditure plan; use
Status: in_force

12-267. Adult probation services fund; accounts; expenditure plan; use

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

1. County general fund appropriations for adult probation.

2. State appropriations for adult probation including:

(a) Monies for adult probation officers authorized by article 6 of this chapter.

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

(c) Monies for adult community punishment programs established pursuant to article 11 of this chapter.

(d) Monies for adult intensive probation pursuant to title 13, chapter 9.

3. Probation fees collected pursuant to section 13-901 and section 13-902, subsection G.

4. Federal monies provided for adult probation.

5. Adult probation monies from any other source.

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

C. The state monies in the adult probation services fund, and probation fees collected pursuant to section 13-901 and section 13-902, subsection G, shall be used in accordance with guidelines established by the supreme court or the granting authority.

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

E. Monies in the adult probation services fund shall be used to pay the annual assessment on member states of the interstate compact for the supervision of adult offenders established in section 31-467, article X, subsection B.

F. County monies in the adult probation services fund shall be used in accordance with the fiscal policies and procedures established by the board of supervisors.

G. The administrative office of the courts shall periodically charge each local probation fees account an amount established annually by the supreme court to cover a proportional share of the cost of monitoring devices required pursuant to section 13-902, subsection G consistent with guidelines established to implement section 13-902, subsection G.

H. The administrative office of the courts shall charge annually the local probation fees account of each county an amount that is established annually by the administrative office of the courts to reflect each county's portion of the superior court risk management premium that is allocated to the judiciary.
A.R.S. § 12-942 — Arizona Code / Title 12 / Chapter 7 / Article 8 / Section 942
12-942 Disposal of property unclaimed for thirty days
Status: in_force

12-942. Disposal of property unclaimed for thirty days

A. If property described in section 12-941 is not claimed and taken away by the owner within  thirty days after the time it has been delivered to the  agency pursuant to section 12-941, the agency may at any time thereafter proceed to dispose of it in the manner provided in this article.

B. If property described in section 12-941 is not claimed by the finder within thirty days after notice to the finder that the property is available to claim, the agency may at any time thereafter proceed to dispose of it in the manner provided in this article.
A.R.S. § 12-1505 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1505
12-1505 Hearing
Status: in_force

12-1505. Hearing

Unless otherwise provided by the agreement:

1. The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

2. The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

3. The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
A.R.S. § 12-1176 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1176
12-1176 Demand for jury; trial procedure
Status: in_force

12-1176. Demand for jury; trial procedure

A. If a jury trial is requested by the plaintiff, the court shall grant the request.  If the proceeding is in the superior court, the jury shall consist of eight persons, and if the proceeding is in the justice court, the jury shall consist of six persons. The trial date shall be no more than five judicial days after the aggrieved party files the complaint.

B. If the plaintiff does not request a jury, the defendant may do so on appearing and the request shall be granted.

C. The action shall be docketed and tried as other civil actions.
A.R.S. § 12-120.10 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.10
12-120.10 Post of duty
Status: in_force

12-120.10. Post of duty

The designated post of duty of judges of the court of appeals who are elected by the voters of the counties in division one, excluding Maricopa county, and in division two, excluding Pima county, as prescribed by the terms of section 12-120.02, shall be deemed to be their place of physical residence.
A.R.S. § 12-1598.05 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.05
12-1598.05 Initial lien
Status: in_force

12-1598.05. Initial lien

A. The writ is a lien on the nonexempt earnings of the judgment debtor from the date of service of the writ until any one of the following occurs:

1. An order of continuing lien is entered.

2. If no order is entered for a period of forty-five days after the date of the filing of the answer.

3. The writ is quashed, released or becomes ineffective as a result of the circumstances set forth in section 12-1598.10, subsection D.

B. The garnishee shall not remit any withheld earnings to the judgment creditor until an order of the court has been entered pursuant to section 12-1598.10.

C. The garnishee is not liable to the judgment creditor for failing to withhold earnings from a judgment debtor if those earnings were paid to the judgment debtor on a payday falling within three days, not including weekends and holidays, after the date of the service of the writ.
A.R.S. § 12-1702 — Arizona Code / Title 12 / Chapter 9 / Article 11 / Section 1702
12-1702 Filing and status of foreign judgments
Status: in_force

12-1702. Filing and status of foreign judgments

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any superior court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the superior court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a superior court of this state and may be enforced or satisfied in like manner.
A.R.S. § 12-1366 — Arizona Code / Title 12 / Chapter 8 / Article 14 / Section 1366
12-1366 Applicability; claims and actions
Status: in_force

12-1366. Applicability; claims and actions

A. This article does not apply:

1. To personal injury claims.

2. To death claims.

3. To claims for damage to property other than a dwelling.

4. To common law fraud claims.

5. To proceedings brought pursuant to title 32, chapter 10.

6. To claims solely seeking recovery of monies expended for repairs to alleged defects that have been repaired by the purchaser.

B. A dwelling action brought by an association is also subject to title 33, chapter 18.

C. After the repair or replacement process has been completed as prescribed by section 12-1363, this article does not affect either party's ability to enforce any commercially reasonable alternative dispute resolution procedures contained in the contract for the sale of the dwelling or an association's community documents. The seller's election to enforce any commercially reasonable alternative dispute resolution procedures contained in the contract for the sale of the dwelling or an association's community documents does not negate, abridge or otherwise reduce the seller's right to repair or replace any alleged construction defects pursuant to section 12-1363.  If the contract for the sale of a dwelling contains the procedures, the procedures shall conspicuously appear in the contract in bold and capital letters and a disclosure statement in at least twelve-point font, bold and capital letters shall appear on the face of the contract and shall describe the location of the alternative dispute resolution procedures within the contract.
A.R.S. § 12-691 — Arizona Code / Title 12 / Chapter 6 / Article 10 / Section 691
12-691 Civil liability for shoplifting; adult; emancipated minor
Status: in_force

12-691. Civil liability for shoplifting; adult; emancipated minor

An adult or emancipated minor who commits shoplifting as defined by section 13-1805 is 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. For an adult, an additional penalty of at least two hundred fifty dollars but not more than two hundred fifty dollars plus the actual damages to the owner.

3. For an emancipated minor, an additional penalty of at least one hundred dollars but not more than one hundred dollars plus the actual damages to the owner.
A.R.S. § 12-1114.01 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1114.01
12-1114.01 Property of the United States subject to condemnation; duty of attorney general to file action; exclusions
Status: in_force

12-1114.01. Property of the United States subject to condemnation; duty of attorney general to file action; exclusions

A. Property that may be taken under this article includes property possessed by the United States government unless:

1. The property was acquired by the federal government with the consent of the legislature pursuant to article I, section 8, clause 17, Constitution of the United States.

2. The property consists of Indian lands owned or held by a federally recognized Indian tribe, nation, band or community as reservation lands, allotment lands or sovereign or proprietary lands or in any other capacity.

B. This state shall be the plaintiff described in this article in an action to condemn property described in subsection A.  This state is not responsible for legal actions filed by other persons or entities.

C. The attorney general shall file eminent domain actions with the consent of the United States government on property described in subsection A:

1. That facilitate this state's ability to manage, or provide access to, or increase the profitability of, the lands owned or held in trust by this state for the benefit of public schools and other institutions of this state consistent with this state's fiduciary responsibilities toward the beneficiaries of the trust lands.

2. For a public use that increases the ability of this state to generate revenue.

D. This section does not apply with respect to:

1. Property held by the United States for the benefit, including water rights, of a federal reclamation project or managed by a political subdivision of this state, or a special taxing district organized under title 48.

2. Property on which permanent improvements are constructed or that is legally encumbered.
A.R.S. § 12-114.01 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 114.01
12-114.01 Probation assessment; deposit
Status: in_force

12-114.01. Probation assessment; deposit

A. Except as provided in section 12-269, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay an assessment of twenty dollars on conviction for a criminal offense or a finding of responsibility for a civil traffic violation, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17.

B. The monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the judicial collection enhancement fund established by section 12-113 to be used to supplement monies currently used for the salaries of adult and juvenile probation and surveillance officers and for support of programs and services of the superior court adult and juvenile probation departments.

C. The court may mitigate all or part of the assessment in the same manner and subject to the same limitations included in the mitigation of a fine in section 13-825, subsection B.
A.R.S. § 12-1146 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1146
12-1146 Waiver of certain rights by persons in interest; determination of issues; judgment on issues; appointment of guardian ad litem
Status: in_force

12-1146. Waiver of certain rights by persons in interest; determination of issues; judgment on issues; appointment of guardian ad litem

A. All persons who have not filed written objections with the court prior to the time of the hearing specified in the notice prescribed by section 12-1145, shall be deemed to have waived the right to file objections as to the sufficiency and validity of the complaint, the action and the relief sought thereby, and of the right of plaintiff to take title and possession prior to final judgment, as authorized by section 12-1155. All persons who have not filed with the clerk of the court prior to the date of hearing specified in the notice prescribed in section 12-1145, written demand for trial by jury as to the amount of compensation to be awarded shall be deemed to have waived the right.

B. The court, at the time specified in the notice, after hearing and determining all issues of fact and law raised by the objections which have been filed, shall enter a final judgment with respect to such issues, and thereafter there shall remain for determination only the amount of the compensation to be paid and the persons entitled thereto.

C. If an infant or other person under legal disability does not appear in the proceedings by his duly authorized legal representative, the court shall appoint a guardian ad litem to represent such person's interest in the proceedings before the special master appointed as provided by section 12-1147.
A.R.S. § 12-259.01 — Arizona Code / Title 12 / Chapter 2 / Article 6.1 / Section 259.01
12-259.01 Powers and duties
Status: in_force

12-259.01. Powers and duties

An adult surveillance officer shall:

1. Have the authority of a peace officer in the performance of the officer's duties.

2. Under the direction of the chief probation officer:

(a) Exercise supervision and observation over persons who are sentenced to probation, including:

(i) Visual contact with each probationer.

(ii) Contact with the probationer's employer and family.

(b) Report to the court if the probationer engages in conduct constituting an offense.

(c) Monitor the payment of restitution and probation fees and bring before the court any probationer who fails to pay restitution or fees.

(d) Serve warrants, make arrests and bring before the court persons who are under suspended sentence or who have violated the terms of probation.

3. Obtain and assemble information concerning the conduct of persons who are sentenced to probation, including weekly arrest records, and report the information to the court.

4. Bring a defaulting probationer into court if, in the judgment of the adult probation officer, the probationer's conduct justifies revoking probation.

5. Secure and keep a complete identification record of each supervised person and a written statement of the conditions of the person's probation.

6. Perform any other responsibilities that are required by the terms and conditions imposed by the court.
A.R.S. § 12-1365 — Arizona Code / Title 12 / Chapter 8 / Article 14 / Section 1365
12-1365 Notification; right to file a complaint with the registrar of contractors
Status: in_force

12-1365. Notification; right to file a complaint with the registrar of contractors

A. A written contract for the sale of a newly constructed dwelling between a buyer of a newly constructed dwelling and the seller responsible for the original construction of the dwelling shall contain, or provide separate notice of, the following provision:

Under Arizona Revised Statutes section 32-1155, a buyer of a dwelling has the right to file a written complaint against the homebuilder with the Arizona registrar of contractors within two years after the close of escrow or actual occupancy, whichever occurs first, for the commission of an act in violation of Arizona Revised Statutes section 32-1154, subsection A.

B. The notice required in subsection A of this section shall be prominently displayed and appear in at least ten point bold type.

C. The buyer of the dwelling is not deemed to have received the notice required pursuant to subsection A of this section unless the buyer initials the notice provision.