A.R.S. § 12-110 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 110
12-110 Advisory board; objections to rules
Status: in_force

12-110. Advisory board; objections to rules

A. The state bar, or a representative group selected by the bar, shall act as an advisory board and shall either voluntarily or upon request of a majority of the judges of the supreme court, consult with, recommend to or advise the court on any matter dealt with or proposed to be dealt with in the rules.

B. Any member of the state bar or a private citizen may object in writing to a rule or part thereof and may request changes. The court shall consider the objections and requests as advice and information only and may act thereon at its discretion.
A.R.S. § 12-407 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 407
12-407 Order for change of venue; transmittal of papers; payment of fees and costs; effect of failure to pay
Status: in_force

12-407. Order for change of venue; transmittal of papers; payment of fees and costs; effect of failure to pay

A. If a change of venue is ordered, the court shall transfer the action to the most convenient adjoining county, unless the parties agree to some other county in which case the court shall transfer the action to the agreed upon county.

B. The clerk shall promptly transmit the papers and transcript of the proceedings in the action to the clerk of the court to which the venue is changed. Except as provided in subsection E of this section, the party applying for the change of venue shall pay a transmittal fee established pursuant to section 12-284 within twenty days after the order directing the change.  If payment is not timely made, the application for change of venue and the order for change of venue shall be deemed abandoned.  If the change is abandoned, the action shall proceed as if the order for change of venue had not been made.

C. On payment by the party applying for a change of venue of the fee required on the filing of a complaint, the clerk of the court to which the action is transferred shall docket the action in its order. The action shall be tried or otherwise disposed of as if it had originated in that court.

D. Except as provided in subsection E of this section, failure to pay the fee as required in subsection C of this section within thirty days from the date the new court receives the file shall be deemed an abandonment.  The clerk of the court to which the action was transferred shall promptly transmit all papers to the court in which the action originated, and the action shall be disposed of as if no change of venue had been granted.

E. If a change of venue is ordered pursuant to section 12-404, the plaintiff shall pay the transmittal fee established pursuant to section 12-284 within twenty days after the order directing the change and, within thirty days from the date the new court receives the file, the plaintiff shall pay to the clerk of the court to which the action is transferred the fee required on the filing of a complaint as provided in subsection C of this section.  If the plaintiff fails to timely pay either the transmittal fee or the filing fee in the county to which the action is transferred, the court shall dismiss the case without prejudice.
A.R.S. § 12-1225 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1225
12-1225 Compensation of commissioners and surveyor
Status: in_force

12-1225. Compensation of commissioners and surveyor

A. The commissioners in partition and the surveyor shall be paid such sum per day for each day they are engaged in making and returning the partition as the court deems reasonable, considering the services rendered, and the compensation allowed shall be taxed and collected as costs of the action.

B. The court shall adjudge the costs to be paid by each party to whom a share has been allotted in proportion to the value of such share.
A.R.S. § 12-261 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 261
12-261 Administration
Status: in_force

12-261. Administration

The state supreme court shall carry out the provisions of this article.
A.R.S. § 12-3012 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3012
12-3012 Disclosure by arbitrator
Status: in_force

12-3012. Disclosure by arbitrator

A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate, to the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including both:

1. A financial or personal interest in the outcome of the arbitration proceeding.

2. An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator.

B. An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate, to the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

C. If an arbitrator discloses a fact required by subsection A or B of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based on the fact disclosed, the objection may be a ground under section 12-3023, subsection A, paragraph 2 for vacating an award made by the arbitrator.

D. If the arbitrator did not disclose a fact as required by subsection A or B of this section, on timely objection by a party, the court under section 12-3023, subsection A, paragraph 2 may vacate an award made by the arbitrator.

E. An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality under section 12-3023, subsection A, paragraph 2.

F. If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 12-3023, subsection A, paragraph 2.
A.R.S. § 12-884 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 884
12-884 Judgment and costs
Status: in_force

12-884. Judgment and costs

A. If upon the trial it appears that the state has good title to all or any part of the property or estate described in the complaint, judgment shall be given that the state is seized or possessed thereof. A judgment for the state shall contain a description of the property and shall vest the title thereof in the state.

B. If it appears that the state has no title, judgment shall be rendered dismissing the action, and the court may award costs to defendant.
A.R.S. § 12-171 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 171
12-171 Publication of decisions
Status: in_force

12-171. Publication of decisions

Decisions of the tax court that the court finds are of general public interest, other than decisions relating to ad valorem property tax, shall be published and distributed in the same manner as provided for the publication and distribution of the opinions of the supreme court.
A.R.S. § 12-529 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 529
12-529 Defenses available for certain actions by the state or person claiming through the state
Status: in_force

12-529. Defenses available for certain actions by the state or person claiming through the state

Any action brought by this state or any person claiming through this state for lands, or for the rents or profits from lands, based on a claim of navigability of any watercourse, as defined in section 37-1101, except the Colorado river, is subject to all legal and equitable defenses which would be available if the claimant were not this state or a private person or political subdivision of this state claiming through this state.
A.R.S. § 12-1142 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1142
12-1142 Agencies qualified to institute proceedings; jurisdiction of court; right of plaintiff to enter upon land
Status: in_force

12-1142. Agencies qualified to institute proceedings; jurisdiction of court; right of plaintiff to enter upon land

A. A federal agency, state public body or authorized corporation may institute condemnation proceedings under this article for acquisition of real property necessary for a public works project. The proceedings may be instituted in the superior court in a county in which any part of the real property or the proposed public works project is located, and they shall be entitled to precedence over other civil actions.

B. The plaintiff may enter upon the real property proposed to be acquired for the purpose of making a survey thereof, or posting any notice thereon required by this article. The survey and posting of notice shall be done in such manner as will cause the least possible inconvenience to the owners of the property.
A.R.S. § 12-299.01 — Arizona Code / Title 12 / Chapter 2 / Article 11 / Section 299.01
12-299.01 Submission of plan; use of monies; prohibitions
Status: in_force

12-299.01. Submission of plan; use of monies; prohibitions

A. Subject to available monies, the supreme court shall allocate monies to the superior court in a participating county to establish and operate community punishment programs.

B. The presiding judge of the superior court in each county desiring to participate in the community punishment program prescribed in this article may prepare a plan pursuant to guidelines issued by the supreme court. The plan shall be submitted to the supreme court. The supreme court guidelines shall require that the plan include programs and services which:

1. Enhance the adult probation services system by developing additional probation conditions, programs and services for offenders placed on supervised probation and intensive probation.

2. Provide programs, services and increased supervision, surveillance and control to special probation populations.

3. Promote accountability of offenders to their local community by requiring financial restitution to victims of crimes or community work service to local governments and community agencies.

4. Reduce the number of felony offenders committed by the superior court to county jails by ordering strict terms of control, supervision and correctional treatment as conditions of supervised probation and intensive probation.

5. Maintain safe and cost effective community punishment programs which emphasize supervision, surveillance and control of offenders.

6. Encourage the involvement of local officials and interested citizens in developing local community punishment programs.

7. Promote the development of community punishment programs and services which are tailored to the specific needs of the superior court in each participating county.

C. The plan shall include a proposed budget necessary to implement and operate the plan. All monies provided shall be used to supplement monies currently used for community based sentencing and adult probation programs and services.

D. Monies may be used to develop or expand the range of community punishment programs and services at the local level. Programs and services may include the following:

1. Noncustodial programs and services which involve supervision and surveillance but do not involve housing the offender in a jail or residential facility. Examples include community work service supervision, victim restitution supervision, house arrest, electronic monitoring, victim-offender reconciliation or mediation, alcohol or drug abuse outpatient treatment and psychological or psychiatric counseling.

2. Community residential programs which involve supervision in a residential setting. Examples include restitution centers, halfway houses, detoxification centers, inpatient drug or alcohol treatment and emergency shelters.

3. Individualized services which evaluate the special needs of the population served under this article. Services to the court to assist in the evaluation and screening of eligible offenders may include purchasing psychological, medical, educational or vocational services, drug or alcohol urine screening and a plan for diagnostic evaluations of specific clients. Other services which may be purchased on an individualized basis include job training, alcohol or drug counseling, individual or family counseling, literacy training and education, high school equivalency and transportation subsidies. These services are intended to supplement and enhance the local adult probation system and to enable felony offenders to be treated near their homes.

E. Community punishment monies may be used to implement victims' rights programs and services, case classification and supervision strategies by funding additional probation officers to personally interview victims and witnesses, conduct presentence investigations and supervise reduced case loads of select felony offenders.

F. Community punishment monies may be used to acquire, renovate and operate community based facilities established to provide the programs and services set forth in subsections B and D.

G. The presiding judge of the superior court may enter into agreements with qualified private human services agencies for the provision of any or all of these programs and services.

H. Private human service agencies shall not use these monies to supplant existing monies from this state or the local government for existing community sentencing programs and services.

I. Monies shall not be used for the construction, renovation or operation of county or municipal jails.
A.R.S. § 12-1556 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1556
12-1556 Judgment requiring performance of other acts; service
Status: in_force

12-1556. Judgment requiring performance of other acts; service

When a judgment requires the performance of any act other than is designated in the preceding sections of this article, a certified copy of the judgment shall be served upon the party against whom the judgment was given, or upon the person required by the judgment or by law to obey it. Obedience thereto may be enforced by the court by the power to punish for contempt.
A.R.S. § 12-1289 — Arizona Code / Title 12 / Chapter 8 / Article 11 / Section 1289
12-1289 Restraint of waste during redemption period; acts not constituting waste
Status: in_force

12-1289. Restraint of waste during redemption period; acts not constituting waste

A. Until expiration of the time allowed for redemption, the court may with or without notice, on application of the purchaser or the judgment creditor, restrain the commission of waste on the property.

B. It is not waste:

1. For the person in possession of the property at the time of sale or entitled to possession afterward, during the period allowed for redemption to continue to use it in the same manner in which it was previously used.

2. For the person in possession of the property, while he occupies the property to make necessary repairs on the buildings thereon and to use wood and timber on the property for such repairs or for fuel for domestic purposes.
A.R.S. § 12-889 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 889
12-889 Escheated property; rules and regulations; salary
Status: in_force

12-889. Escheated property; rules and regulations; salary

A. The department of revenue shall administer the provisions of this article.

B. The department of revenue may promulgate necessary rules and regulations to carry out the provisions of this article.
A.R.S. § 12-822 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 822
12-822 Change of venue
Status: in_force

12-822. Change of venue

A. Service of summons in an action against any public entity or public employee involving acts that are alleged to have occurred within the scope of the public employee's employment shall be made pursuant to Arizona rules of civil procedure.

B. In an action against this state upon written demand of the attorney general, made at or before the time of answering, served upon the opposing party and filed with the court where the action is pending, the place of trial of any such action shall be changed to Maricopa county.
A.R.S. § 12-811 — Arizona Code / Title 12 / Chapter 7 / Article 1.1 / Section 811
12-811 Definitions
Status: in_force

12-811. Definitions

In this article, unless the context otherwise requires:

1. "Motion picture film" means any film or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen.

2. "Nuisance" means any place for the sale or exhibition of obscene motion picture films or pictorial publications.

3. "Obscene motion picture film or obscene pictorial publication" means any motion picture, film, video reproduction or pictorial publication which would constitute an obscene item as defined in section 13-3501.

4. "Person" means any individual, association, partnership, corporation, trustee, lessee, agent or assignee.

5. "Pictorial publication" means any book, magazine or pamphlet containing one or more drawings, pictures, photographs or illustrations.

6. "Place" means any building, enclosure or any separate part or portion thereof whether permanent or not or the ground itself.
A.R.S. § 12-1555 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1555
12-1555 Return of execution
Status: in_force

12-1555. Return of execution

A. An execution shall be made returnable to the clerk of the court issuing it at any time not less than ten nor more than ninety days after its receipt by the officer to whom directed.

B. When the execution is returned the clerk shall note in the proper docket the amount made by the officer, and to whom paid, and attach the execution to the record of the proceedings.
A.R.S. § 12-299.02 — Arizona Code / Title 12 / Chapter 2 / Article 11 / Section 299.02
12-299.02 Community punishment advisory committee; duties
Status: in_force

12-299.02. Community punishment advisory committee; duties

A. In the discretion of the presiding judge of the superior court, a community punishment advisory committee may be appointed before submitting a plan under this article.

B. If a community punishment advisory committee is appointed pursuant to this article, the advisory committee shall:

1. Be composed of at least five members, not more than one-half of whom shall be appointed from the disciplines of law enforcement, corrections, education, mental health, victim services, social services or probation and at least one-half of whom shall be other citizens having an interest in and knowledge of the criminal justice system.

2. Have a chairman and vice-chairman appointed by the presiding judge of the superior court.

3. Operate subject to guidelines and procedures established by the supreme court.

C. The advisory committee shall perform the following duties:

1. Assess community-wide sentencing needs and advise the presiding judge regarding specific programs and services.

2. Review the proposed local plan and make recommendations to the presiding judge.

3. Monitor the effectiveness of local community punishment programs and services and advise the presiding judge regarding needed modifications.

4. Inform and educate the general public regarding the need for community punishment programs.

5. Make a report on a periodic basis to the presiding judge on the status and effectiveness of community punishment programs and services.

D. An advisory committee initially established pursuant to this article shall receive an orientation developed and conducted by the presiding judge with the assistance of the supreme court and the adult probation department.

E. The chief adult probation officer shall provide staff assistance to the advisory committee.
A.R.S. § 12-566 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 566
12-566 Health care actions; complaint; specific amount of damages not to be stated
Status: in_force

12-566. Health care actions; complaint; specific amount of damages not to be stated

In any medical malpractice action against a licensed health care provider, no dollar amount or figure shall be included in the complaint, but the complaint may include a statement reciting that the minimum jurisdictional amount established for filing the action is satisfied.
A.R.S. § 12-167 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 167
12-167 Filing fees; filing by mail
Status: in_force

12-167. Filing fees; filing by mail

A. Except as provided in subsection B of this section, the filing and appearance fees in the tax court are the same as the statutory fees in the superior court and are subject to the same exemptions provided by law for this state or a county, city, town or political subdivision.

B. The filing and appearance fees for small claims actions in the tax court are established pursuant to section 12-284 and are subject to the same exemptions provided by law for this state or a county, city, town or political subdivision. If the tax judge determines that a small claims action should be heard as a regular tax court case, the judge shall require the parties to pay the full fees prescribed in subsection A of this section less any filing and appearance fees already paid.

C. Actions filed in the tax court are subject to all fees for the services and in the amounts prescribed in section 12-284 for the clerk of the superior court.

D. Filings with the tax court may be made by mail. If a pleading is filed by mail, the date of the postmark is the date of filing.
A.R.S. § 12-2803 — Arizona Code / Title 12 / Chapter 19 / Article 1 / Section 2803
12-2803 Testing of minors; notice to parents; informed consent
Status: in_force

12-2803. Testing of minors; notice to parents; informed consent

A. A genetic test shall not be conducted on an unemancipated minor without the consent of the parent or legal guardian of the minor except for testing under the newborn screening program pursuant to section 36-694.

B. A physician who orders the genetic testing of an unemancipated minor shall notify the child's parent or legal guardian of the results of the test.

C. Except for the circumstances prescribed in section 12-2802, subsection A, paragraph 4, 7 or 9, a health care provider shall not conduct a genetic test on a person unless the health care provider first obtains written informed consent from the person to be tested or from the person's authorized representative.
A.R.S. § 12-2328 — Arizona Code / Title 12 / Chapter 13 / Article 10 / Section 2328
12-2328 Construction
Status: in_force

12-2328. Construction

A. This article does not provide civil or criminal immunity to an organization or to affect any other privilege that may be available by law.

B. This article does not apply to a health professional as defined in section 32-3201 or a health care institution as defined in section 36-401.
A.R.S. § 12-1535 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1535
12-1535 Preservation of personal property under attachment
Status: in_force

12-1535. Preservation of personal property under attachment

If personal property in custody of an officer under a writ of attachment is not replevied, claimed or sold, the court or justice of the peace may make such order for its preservation or use as appears to be to the interest of the parties.
A.R.S. § 12-1802 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1802
12-1802 Prohibition upon granting injunctions for certain purposes
Status: in_force

12-1802. Prohibition upon granting injunctions for certain purposes

An injunction shall not be granted:

1. To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless the restraint is necessary to prevent a multiplicity of such proceedings.

2. To stay proceedings in a court of the United States.

3. To stay proceedings in another state upon a judgment of a court of that state.

4. To prevent enforcement of a public statute by officers of the law for the public benefit.

5. To prevent breach of a contract, the performance of which would not be specifically enforced.

6. To prevent the exercise of a public or private office in a lawful manner by the person in possession.

7. To prevent a legislative act by a municipal corporation.
A.R.S. § 12-1554 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1554
12-1554 Special execution
Status: in_force

12-1554. Special execution

A special execution shall set forth in substance the portions of the judgment which command the sale or delivery of specific property and the amount of costs or damages, if any, and shall require the officer:

1. If the judgment directs the sale of specific real or personal property, to make sale of such property as directed in the judgment.

2. If the judgment is for the delivery of possession of real or personal property, to deliver possession of the property to the party entitled thereto, and at the same time to satisfy any costs, damages, rents, or profits given by the same judgment, out of the personal property of the person against whom the judgment was given, and the value of the property for which judgment was given shall be specified in the officer's return if a delivery cannot be had. If sufficient personal property cannot be found, the judgment shall be satisfied out of the real property as in the case of a general execution.
A.R.S. § 12-1566 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1566
12-1566 Execution upon judgments for debts secured by real property; fair market value; hearing; redemption rights; guarantees; applicability
Status: in_force

12-1566. Execution upon judgments for debts secured by real property; fair market value; hearing; redemption rights; guarantees; applicability

A. This section applies to execution upon real property under a judgment obtained pursuant to section 33-725 or obtained pursuant to section 33-814 or obtained against a guarantor or any other person directly, indirectly or contingently liable on a debt for which a judgment under section 33-725 or 33-814 may be obtained.

B. Any sale of real property under this section shall be a credit on the amount of the judgment in the amount of either the fair market value of the real property determined under subsection C of this section or the sales price of the real property at a sheriff's sale, whichever is greater.

C. Any judgment debtor against whom a judgment has been entered pursuant to section 33-725 or 33-814 may, not later than thirty days after sale of the real property, file a written application with the court for determination of the fair market value of the real property which has been sold. Notice of filing the application and of the hearing shall be given to all parties to the action. The fair market value shall be determined by the court at a priority hearing which shall be held upon such evidence as the court may allow. The court shall issue an order crediting the amount due on the judgment with the greater of the sales price or the fair market value of the real property. Fair market value shall mean the most probable price, as of the date of the execution sale, in cash, or in terms equivalent to cash, or in other precisely revealed terms, after deduction of prior liens and encumbrances with interest to the date of sale, for which the real property or interest therein would sell after reasonable exposure in the market under conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably and for self-interest, and assuming that neither is under duress. If an application has been filed, there shall be no right to redemption as to the real property sold as provided in sections 12-1281, 12-1282 and 12-1283, except creditors having a junior lien to the lien foreclosed may redeem by five day successive periods as provided in section 12-1282, subsection C, commencing sixty days after the sale of the real property. The redemption price shall be calculated on the sales price of the real property.

D. Except when the primary residence has been given as security pursuant to a mortgage or deed of trust, no primary residence occupied by a judgment debtor covered by subsection A of this section may be sold under execution until all other sales under execution of real property of the judgment debtor in this state have been held and, if timely requested, the hearing pursuant to subsection C of this section has been held. The judgment debtor, within thirty days after entry of judgment, may file with the court a certified list and legal description of the debtor's real property within thirty days after entry of the judgment. This subsection shall not apply to any real property which the judgment holder does not have actual knowledge of at the time of entry of judgment or real property not listed on a certified list filed by the judgment debtor. This subsection shall not require the judgment holder to sell real property which the judgment holder has released from the judgment lien.

E. The obligation of a guarantor may be enforced without regard to this section in accordance with the terms and conditions of the contract between the lender and the guarantor in an action independent of any other action or judgment. A guarantor of the debt or any other person directly, indirectly or contingently liable for the debt who is not a judgment debtor in an action for foreclosure of a mortgage or deed of trust or an action for deficiency judgment shall receive the same credit as the judgment debtor receives pursuant to this section or section 33-814.

F. This section shall not abate, suspend or bar the right of the holder of a debt secured by real property to abandon and release the lien on the real property which secures the debt and proceed against any borrower or guarantor. Abandonment and release shall be evidenced by a recorded release of the lien.

G. This section shall not abate, suspend or bar any action of the holder of the judgment to realize upon or satisfy the judgment from personal property of a judgment debtor or guarantor or any other person directly, indirectly or contingently liable for the debt.

H. The sheriff's deed given pursuant to a sale held under execution or a trustee's deed upon sale under power of sale shall constitute conclusive evidence of the meeting of such requirements in favor of purchasers or encumbrancers for value and without actual notice that any requirements of this section have not been met.

I. For the purposes of subsection D of this section:

1. "Primary residence" means a real property of two and one-half acres or less which is limited to and utilized for either a single one-family or a single two-family dwelling.

2. "Real property of the judgment debtor" means only real property or an interest therein of the judgment debtor at the time of entry of judgment.
A.R.S. § 12-1333 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1333
12-1333 Delivery of property to claimant; return of claim and bond
Status: in_force

12-1333. Delivery of property to claimant; return of claim and bond

A. The officer receiving the claim and bond shall deliver the property so claimed to the person claiming it.

B. If the writ under which the levy is made is issued by a justice of the peace or court of the county where the levy is made, the officer shall endorse on the writ that the claim has been made and bond given, stating by whom, and shall endorse on the bond the value of the property as assessed by him and forthwith return the claim and bond to the justice or court having jurisdiction to try the claim.

C. If the writ is issued by a justice of the peace or court of a county other than that in which the levy is made, the officer shall endorse on the bond the value of the property as assessed by him, and forthwith return the claim and bond, with a copy of the writ, to the justice or court of the county in which the levy is made having jurisdiction according to the value of the property as assessed by the officer.
A.R.S. § 12-632 — Arizona Code / Title 12 / Chapter 6 / Article 4 / Section 632
12-632 Unlawful motor vehicle subleasing; civil action; exemption
Status: in_force

12-632. Unlawful motor vehicle subleasing; civil action; exemption

A. One or more of the following persons who suffer any damage proximately resulting from one or more acts of unlawful subleasing of a motor vehicle pursuant to section 13-3717 may bring an action against the person who has engaged in those acts:

1. A seller or any other secured party under a retail installment contract or a security agreement.

2. A lender under a direct loan agreement.

3. A lessor under a lease contract.

4. A buyer under a retail installment contract.

5. A purchaser under a direct loan agreement, an agreement which provides for a security interest or an agreement which is equivalent to these types of agreements.

6. A lessee under a lease contract.

7. An actual or purported transferee or assignee of any right or interest of a buyer, purchaser or lessee.

B. The court in an action under subsection A of this section may award actual damages, equitable relief, including an injunction and restitution of monies and property, punitive damages, reasonable attorney fees and costs, and any other relief which the court deems proper.

C. The rights and remedies provided in this section are in addition to any other rights and remedies provided by law.

D. This section does not apply to the subleasing of a motor vehicle with a gross weight, as defined in section 28-5431, of more than ten thousand pounds.
A.R.S. § 12-1114 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1114
12-1114 Private property subject to condemnation
Status: in_force

12-1114. Private property subject to condemnation

Private property which may be taken includes:

1. All real property belonging to any person, including any and all water and water rights for the irrigation of any land condemned, belonging to or used in connection with the land for the irrigation thereof, with right of way for the water or water rights condemned through irrigating canals and ditches leading to the land condemned.

2. Lands belonging to the state, or to any county, city, town or village, not appropriated to some public use.

3. Property appropriated to public use.

4. Franchises for toll roads, toll bridges, and ferries, and all other franchises, but such franchises shall not be taken unless for free highways, railroads or other more necessary public uses.

5. All rights of way through canyons, passes or defiles, and all rights of way for any and all purposes mentioned in paragraph 2 of section 12-1111, and any and all structures and improvements thereon, and the lands held or used in connection therewith, intersected by any other right of way or improvements or structures thereon, which shall also be subject to a limited use in common with the owner thereof when necessary, but such uses, crossings, intersections and connections shall be made in the manner most compatible with the greatest public benefit and least private injury.

6. All classes of private property not enumerated, including property for use in water or water rights, taken for public use when the taking is authorized by law.
A.R.S. § 12-3453 — Arizona Code / Title 12 / Chapter 28 / Article 1 / Section 3453
12-3453 Prohibited conduct; applicability
Status: in_force

12-3453. Prohibited conduct; applicability

A. A litigation financier may not pay or offer to pay a commission, referral fee or other consideration to legal counsel, a law firm or a licensed health care provider, for referring a person to the litigation financier without disclosing in writing to the potential borrower. The disclosure must be made before entering into the litigation financing agreement and must be separately acknowledged and agreed to by the potential borrower, including the amount of the commission, referral fee or other consideration to be paid for the referral on behalf of the borrower.

B. A litigation financier may not provide funding to or in connection with a litigation financing agreement that is directly or indirectly financed by a foreign entity of concern.

C. This section applies to class actions and multidistrict litigation. The acknowledgment required by subsection A of this section shall be made by the class representative or the named plaintiffs.
A.R.S. § 12-2403 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2403
12-2403 Provisional remedies with notice; grounds
Status: in_force

12-2403. Provisional remedies with notice; grounds

Except as provided in section 12-2402, no provisional remedy shall be issued by any judge or justice of the peace until:

1. All statutory requirements for the issuance of such provisional remedy have been complied with by the party seeking such remedy.

2. An application and notice for issuance of any provisional remedy has been filed with the clerk of the court and a copy of such notice and application have been served on the party against whom any remedy will operate.

3. The party against whom any provisional remedy is sought has been afforded an opportunity for a hearing or a hearing has been held as provided in this article.
A.R.S. § 12-817 — Arizona Code / Title 12 / Chapter 7 / Article 1.1 / Section 817
12-817 Civil penalty; forfeiture; accounting
Status: in_force

12-817. Civil penalty; forfeiture; accounting

A. Obscene motion picture films and obscene pictorial publications pursuant to this article are contraband and are not subject to any property rights.

B. Any and all monies received in payment for obtaining or viewing any obscene motion picture films and obscene pictorial publications are subject to forfeiture to the county in which the abatement action is brought as restitution for damages done to the public welfare, public health and public morals. Such monies may be traced to and shall be recoverable from those persons as set forth in section 12-812 who have knowledge of the nuisance, from and after the issuance of a preliminary injunction against the conduct of such persons pursuant to section 12-814.

C. Upon the issuance of a judgment pursuant to section 12-815, subsection B, the defendants named in such judgment shall make an accounting of all monies received by them in payment for obtaining or viewing obscene motion picture films or obscene pictorial publications subject to such judgment.
A.R.S. § 12-2901 — Arizona Code / Title 12 / Chapter 20 / Article 1 / Section 2901
12-2901 Definitions
Status: in_force

12-2901. Definitions

In this chapter, unless the context otherwise requires:

1. "Annuity issuer" means an insurer that has issued a contract that is used to fund periodic payments under a structured settlement.

2. "Dependents" includes a payee's spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including alimony.

3. "Discounted present value" means the present value of future payments, as determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States internal revenue service.

4. "Gross advance amount" means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from the consideration.

5. "Independent professional advice" means the advice of an attorney, certified public accountant, actuary or other licensed professional adviser.

6. "Interested parties" means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor and any other party that has continuing rights or obligations under the structured settlement.

7. "Net advance amount" means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under this chapter.

8. "Payee" means an individual who receives tax-free damage payments under a structured settlement and who proposes to make a transfer of payment rights under the structured settlement.

9. "Periodic payments" includes both recurring payments and scheduled future lump sum payments.

10. "Qualified assignment agreement" means an agreement that provides for a qualified assignment within the meaning of section 130 of the internal revenue code as defined by section 42-1001.

11. "Responsible administrative authority" means, with respect to a structured settlement, any government authority that is vested by law with exclusive jurisdiction over the settled claim that is resolved by the structured settlement.

12. "Settled claim" means the original tort claim or workers' compensation claim that is resolved by a structured settlement.

13. "Structured settlement" means an arrangement for periodic payment of damages for personal injuries or sickness that is established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim.

14. "Structured settlement agreement" means the agreement, judgment, stipulation or release that embodies the terms of a structured settlement.

15. "Structured settlement obligor" means, with respect to any structured settlement, the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement.

16. "Structured settlement payment rights" means the right to receive periodic payments under a structured settlement, whether from the settlement obligor or the annuity issuer, if any of the following apply:

(a) The payee, the structured settlement obligor, the annuity issuer or any other interested party is domiciled in this state.

(b) The structured settlement agreement was approved by a court or responsible administrative authority in this state.

(c) The laws of this state expressly govern the structured settlement agreement.

17. "Terms of the structured settlement" include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved the structured settlement.

18. "Transfer" means any sale, assignment, pledge, hypothecation or other form of alienation or encumbrance of structured settlement payment rights.  Transfer does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to such insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce the blanket security interest against the structured settlement payment rights.

19. "Transfer agreement" means the agreement that provides for transfer of structured settlement payment rights from a payee to a transferee.

20. "Transfer expenses" means all expenses of a transfer required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including court filing fees, attorney fees, escrow fees, lien recordation fees, judgment and lien search fees, finders’ fees, commissions and other payments to a broker or other intermediary.  Transfer expenses does not include preexisting obligations of the payee payable for the payee’s account from the proceeds of a transfer.

21. "Transferee" means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.
A.R.S. § 12-3020 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3020
12-3020 Change of award by arbitrator
Status: in_force

12-3020. Change of award by arbitrator

A. On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award either:

1. On a ground stated in section 12-3024, subsection A, paragraph 1 or 3.

2. Because the arbitrator has not made a final and definite award on a claim submitted by the parties to the arbitration proceeding.

3. To clarify the award.

B. A motion under subsection A of this section must be made and notice given to all parties within twenty days after the movant receives notice of the award.

C. A party to the arbitration proceeding must give notice of any objection to the motion within ten days after receipt of the notice.

D. If a motion to the court is pending under section 12-3022, 12-3023 or 12-3024, the court may submit the claim to the arbitrator to consider whether to modify or correct the award either:

1. On a ground stated in section 12-3024, subsection A, paragraph 1 or 3.

2. Because the arbitrator has not made a final and definite award on a claim submitted by the parties to the arbitration proceeding.

3. To clarify the award.

E. An award modified or corrected pursuant to this section is subject to section 12-3019, subsection A and sections 12-3022, 12-3023 and 12-3024.
A.R.S. § 12-132 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 132
12-132 Regional mental health courts; establishment; authority to adjudicate
Status: in_force

12-132. Regional mental health courts; establishment; authority to adjudicate

A. In counties that have a population of less than two hundred fifty thousand persons the presiding judges of the superior court may agree to establish a regional mental health court.  A superior court judge of a court that participates in a regional mental health court may refer a case to the regional mental health court. A judicial officer in a county that participates in a regional mental health court has the authority to adjudicate a case referred to a regional mental health court.

B. The originating court shall notify the prosecutor of any criminal case referred to the mental health court.
A.R.S. § 12-681 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 681
12-681 Definitions
Status: in_force

12-681. Definitions

In this article, unless the context otherwise requires:

1. "Defective and unreasonably dangerous" does not include a food product that is otherwise fit for human consumption and nourishment.

2. "Food product" means any product that is grown, prepared, provided, served or sold and that is primarily intended for human consumption and nourishment.

3. "Manufacturer" means a person or entity that designs, assembles, fabricates, produces, constructs or otherwise prepares a product or component part of a product before its sale to a user or consumer, including a seller owned in whole or significant part by the manufacturer or a seller owning the manufacturer in whole or significant part.

4. "Product" means the individual product or any component part of the product that is the subject of a product liability action.

5. "Product liability action" means any action brought against a manufacturer or seller of a product for damages for bodily injury, death or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, sale, use or consumption of any product, the failure to warn or protect against a danger or hazard in the use or misuse of the product or the failure to provide proper instructions for the use or consumption of any product.

6. "Product safety analysis or review" means any investigation, inquiry, review, evaluation or other means by which a person or entity seeks to determine, calculate, predict, estimate, evaluate or report the safety or health effects of the use of any of its products, systems, services or processes. Product safety analysis or review includes an analysis or review by a component manufacturer of the safety and health effects of component parts in end products. A product safety analysis or review may be conducted by employees of the person or entity or by consultants engaged specifically to perform the analysis or review.

7. "Reasonable remedial measures" means actions taken as a result of a product safety analysis or review and intended to improve the safety of products, systems, services or processes or to lessen the likelihood of a safety-related accident. These actions include:

(a) Modifications to the product, system, service or process.

(b) Changes in quality assurance procedures or policies.

(c) Modifications made to the design or method of manufacturing, to manufacturing equipment or to the testing of the product, system, service or process.

(d) Changes or additions to training programs or safety education programs.

(e) Personnel or human resources measures related to the product, system, service or process.

(f) The use or modification of warnings, notices or changes to owner manuals and related materials.

(g) The recall of products.

8. "Reasonably foreseeable alteration, modification, use or consumption" means an alteration, modification, use or consumption of the product that would be expected of an ordinary and prudent purchaser, user or consumer and that an ordinary and prudent manufacturer should have anticipated.

9. "Seller" means a person or entity, including a wholesaler, distributor, retailer or lessor, that is engaged in the business of leasing any product or selling any product for resale, use or consumption.

10. "State of the art" means the technical, mechanical and scientific knowledge of manufacturing, designing, testing or labeling the same or similar products that was in existence and reasonably feasible for use at the time of manufacture.
A.R.S. § 12-506 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 506
12-506 Action barred by foreign statute of limitation, bankruptcy or insolvency
Status: in_force

12-506. Action barred by foreign statute of limitation, bankruptcy or insolvency

A. No action shall be maintained against a person removing to this state from another state or foreign country to recover upon an action which was barred by the law of limitations of the state or country from which he migrated.

B. No action shall be brought to recover money from an immigrant who was released from its payment by the bankruptcy or insolvency laws of the state or country from which he migrated.
A.R.S. § 12-3406 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3406
12-3406 Cotenant buyout
Status: in_force

12-3406. Cotenant buyout

A. If any cotenant requested partition by sale after the determination of value pursuant to section 12-3405, subsection C, the court shall provide notice to the parties that any cotenant, except a cotenant that requested partition by sale, may buy all the interests of the cotenants that requested partition by sale. Not later than forty-five days after the notice is provided, any cotenant, except a cotenant that requested partition by sale, may file notice with the court that the cotenant elects to buy all the interests of the cotenants that requested partition by sale. The purchase price for each of the interests of a cotenant that requested partition by sale shall be the fair market value of the entire parcel determined pursuant to section 12-3405, subsection C multiplied by the cotenant's fractional ownership of the entire parcel.  After expiration of the forty-five-day period, the following rules apply:

1. If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact.

2. If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and provide notice to all the parties of that fact and of the price to be paid by each electing cotenant.

3. If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall provide notice to all the parties of that fact and resolve the partition action pursuant to section 12-3407.

B. If the court provides notice to the parties pursuant to subsection A, paragraph 1 or 2 of this section, the court shall set a date not sooner than ninety days after the date the notice was provided by which electing cotenants must pay their apportioned price to the court. After ninety days, the following rules apply:

1. If all electing cotenants timely pay their apportioned price, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them.

2. If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action pursuant to section 12-3407 as if the interests of the cotenants that requested partition by sale were not purchased.

3. If one or more but not all of the electing cotenants fails to pay their apportioned price on time, the court, on motion, shall provide notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for that interest.

C. Not later than twenty days after the court provides notice pursuant to subsection B, paragraph 3 of this section, any cotenant that paid may elect to purchase all of the remaining interest by paying the entire amount to the court. After the twenty-day period, the following rules apply:

1. If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall promptly issue an order reallocating the interests of all of the cotenants and disburse the amounts held by the court to the persons entitled to them.

2. If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action pursuant to section 12-3407 as if the interests of the cotenants that requested partition by sale were not purchased.

3. If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall promptly issue an order reallocating all of the cotenants' interests, disburse the amounts held by the court to the persons entitled to them and promptly refund any excess payment held by the court.

D. Not later than forty-five days after the court provides notice to the parties pursuant to subsection A of this section, any cotenant who is entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as respondents and served with the complaint but that did not appear in the action.  If the court receives a timely request pursuant to this subsection, the court, after a hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to all of the following:

1. A sale authorized under this subsection may occur only after the purchase prices for all interests subject to sale pursuant to subsections A, B and C of this section have been paid to the court and those interests have been reallocated among the cotenants as provided in subsections A, B and C of this section.

2. The purchase price for the interest of a nonappearing cotenant is based on the court's determination of value pursuant to section 12-3405, subsection C.
A.R.S. § 12-117 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 117
12-117 Public defender training fund; appropriation
Status: in_force

12-117. Public defender training fund; appropriation

A. The public defender training fund is established consisting of monies allocated to the fund pursuant to section 12-116. The supreme court shall administer the fund.

B. Each month the supreme court shall deposit in the fund the monies collected for the fund. All monies deposited in the fund are continuously appropriated to the supreme court for distribution to each county public defender as provided in subsection C of this section.

C. The allocation of monies collected shall be made to each county public defender office in proportion to the number of felony cases assigned to that office in the last fiscal year.

D. Monies received shall be used exclusively for the purpose of public defender training. Each public defender office receiving training fund monies shall submit to the supreme court an annual report of all financial receipts and expenditures from the training fund.
A.R.S. § 12-801 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 801
12-801 General definitions
Status: in_force

12-801. General definitions

In this article, unless the context otherwise requires:

1. "Person" means individuals, corporations, associations, partnerships, trustees, lessees, agents and assignees.

2. "Building" means and includes so much of any building or structure of any kind as is or may be entered through the same outside entrance.
A.R.S. § 12-511 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 511
12-511 Civil action arising from criminal conduct; definitions
Status: in_force

12-511. Civil action arising from criminal conduct; definitions

A. Notwithstanding sections 12-505 and 12-542, if a defendant is charged by a criminal complaint or indictment the statute of limitations for any civil cause of action that is brought by a victim against the defendant for criminal conduct against the victim is extended for one year from the final disposition of the criminal proceedings, regardless of whether the defendant is convicted of criminal conduct against the victim.

B. There is no duty under a policy of insurance to defend or indemnify for any loss resulting from criminal conduct if the civil action is not commenced within the time period that would be applicable without any tolling or extension of the statute of limitations pursuant to this section.

C. This section does not toll or extend any statute of limitations applicable to a civil cause of action brought against the employer or former employer of any defendant who is subject to this section.

D. This section does not shorten any other applicable tolling provisions.

E. In any action brought pursuant to this section, the standard of proof is by the preponderance of the evidence.

F. This section applies to all cases in which the victim files a civil action within one year after the final disposition of the defendant's criminal proceedings, regardless of when the defendant committed the criminal conduct.

G. For the purposes of this section:

1. "Civil cause of action" means any civil claim that the victim could have brought against the defendant for criminal conduct committed against the victim regardless of whether any of these incidents was criminally prosecuted.

2. "Criminal conduct":

(a) Means any act, including all preparatory offenses, in violation of section 13-1103, 13-1104, 13-1105, 13-1202, 13-1203, 13-1204, 13-1208, 13-1304, 13-1404, 13-1405, 13-1406, 13-1410, 13-1417, 13-2314.04, 13-2915, 13-2916, 13-2921, 13-2921.01, 13-3019, 13-3552, 13-3553, 13-3554, 13-3601 or 13-3601.02.

(b) Includes any act involving sexual assault of a spouse that was committed before the effective date of this amendment to this section.

3. "Defendant" means a natural person.

4. "Final disposition" has the same meaning prescribed in sections 8-382 and 13-4401.

5. "Victim" has the same meaning prescribed in sections 8-382 and 13-4401.
A.R.S. § 12-996 — Arizona Code / Title 12 / Chapter 7 / Article 12 / Section 996
12-996 Appointment of temporary receiver; term; duties; accounting
Status: in_force

12-996. Appointment of temporary receiver; term; duties; accounting

A. In any judicial proceeding brought under sections 12-991 and 12-992, if the court determines that a nuisance exists and that the appointment of a temporary receiver is necessary to abate the nuisance or to otherwise enforce any order issued by the court, the court, on its own motion or on the motion of any party, may order the appointment of a temporary receiver to manage or operate the premises for as long as the court deems necessary to abate the nuisance.  The court shall not appoint a temporary receiver for a term of more than one year.

B. A temporary receiver who is appointed pursuant to subsection A of this section either shall be a real estate licensee specializing in property management or an attorney specializing in real estate law and shall swear or affirm to faithfully and fairly discharge the receiver's duties.  The court may require the temporary receiver to post a bond in an amount fixed by the court.

C. The court shall determine the following:

1. The management duties of the receiver.

2. The amount of compensation to be paid to the receiver.

3. The method of payment.

4. The payment periods.

D. The temporary receiver shall continue to manage the property during the pendency of any appeal or until relieved by the court.  The court may remove a temporary receiver on its own motion or on the motion of any party or the temporary receiver.

E. The temporary receiver may do any of the following:

1. Take control of the property.

2. Pay the mortgage on the property if there are sufficient monies derived from the income of the property to do so.

3. Collect rents due on the property.

4. Make or have made any repairs that are necessary to bring the property into compliance with any statute or ordinance.

5. Make payments that are necessary for the maintenance or restoration of utilities to the property.

6. Purchase materials that are necessary to make repairs.

7. Renew, terminate or modify existing rental contracts and leases as provided by law.

8. Enter into new rental contracts and leases.

9. Affirm, renew or terminate an existing insurance contract that covers the property as provided by law.

10. Enter into a new contract that provides insurance coverage on the property.

11. Hire security or other personnel that are necessary for the safe and proper operation and maintenance of the property.

12. Prosecute or defend suits that flow from the management of the property and retain counsel.

13. Exercise all other authority that an owner of the property would have except the authority to sell the property.

F. Before the receiver spends monies in excess of ten thousand dollars the court and the party who is responsible for the payment of the temporary receiver's expenditures shall approve the expenditure of those monies.

G. The costs of compensation to and expenditures by the temporary receiver shall be paid in the following order of priority:

1. From the income that is derived from the property and that is available after all taxes and mortgages are satisfied.

2. From monies that are collected pursuant to a court order issued pursuant to section 12-992 for the compensation and expenditure costs of a temporary receiver.

3. By the party who requested the appointment of the temporary receiver.

H. On filing with the county recorder of the county in which the property is located, a lien is created in favor of the party other than the defendant who pays the temporary receiver's costs of compensation and expenditures.  The lien is prior to all other liens, obligations or encumbrances except for prior recorded mortgages, restitution liens, child support liens and general tax liens.

I. On the completion of the receivership, the temporary receiver shall file with the court a full accounting of all costs and expenses incurred and all income received during the course of the receivership.

J. On finding that the appointment of a temporary receiver is no longer warranted, the court on its own motion or the motion of any party may terminate the temporary receivership.
A.R.S. § 12-106 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 106
12-106 Salary of justices
Status: in_force

12-106. Salary of justices

Each justice of the supreme court shall receive an annual salary pursuant to section 41-1904.
A.R.S. § 12-1216 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1216
12-1216 Duties of commissioners
Status: in_force

12-1216. Duties of commissioners

The commissioners or a majority of them shall partition the property in accordance with the judgment. They may cause the property to be surveyed into several tracts. They shall divide the property into as many shares as there are persons entitled thereto, each share to contain one or more tracts as the commissioners deem proper, having due regard in the division to the situation, quantity and advantages of each share so that the shares are equal in value as nearly as possible, in proportion to the interests of the parties. The commissioners shall then proceed by lot and set apart to each of the parties entitled one of the shares as determined by the judgment of the court.
A.R.S. § 12-3028 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3028
12-3028 Uniformity of application and construction
Status: in_force

12-3028. Uniformity of application and construction

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
A.R.S. § 12-2001 — Arizona Code / Title 12 / Chapter 11 / Article 1 / Section 2001
12-2001 Granting of writ
Status: in_force

12-2001. Granting of writ

The writ of certiorari may be granted by the supreme and superior courts or by any judge thereof, in all cases when an inferior tribunal, board or officer, exercising judicial functions, has exceeded its jurisdiction and there is no appeal, nor, in the judgment of the court, a plain, speedy and adequate remedy.
A.R.S. § 12-147 — Arizona Code / Title 12 / Chapter 1 / Article 3 / Section 147
12-147 Limitations; term; reappointment; extension of duties; powers and duties
Status: in_force

12-147. Limitations; term; reappointment; extension of duties; powers and duties

A. The chief justice of the state supreme court may appoint a judge pro tempore for a division of the court of appeals as provided for in section 12-145 without regard to the number of judges prescribed by section 12-120, subsection B.

B. The term of a judge pro tempore may be for any period of time not to exceed six months for any one term, and a person previously appointed as judge pro tempore may be reappointed by the chief justice. The chief justice may at any time terminate the term of a judge pro tempore.

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

D. The powers and duties of a judge pro tempore of the court of appeals are the same as are provided for court of appeals judges in article 1.1 of this chapter, relating to the court of appeals.
A.R.S. § 12-1255 — Arizona Code / Title 12 / Chapter 8 / Article 9 / Section 1255
12-1255 Verdict
Status: in_force

12-1255. Verdict

A. The verdict may specify the extent and quantity of plaintiff's estate and the premises to which he is entitled by metes and bounds or other sufficient description.

B. A general verdict in favor of plaintiff without specifications entitles plaintiff to the quantity of interest or estate in the premises as set forth and described in the complaint.
A.R.S. § 12-1258 — Arizona Code / Title 12 / Chapter 8 / Article 9 / Section 1258
12-1258 Allegation of growing crops; stay of execution; bond and conditions
Status: in_force

12-1258. Allegation of growing crops; stay of execution; bond and conditions

If defendant alleges that he has a crop sowed, planted or growing on the premises, the judge or jury, finding for plaintiff, and also finding that fact, shall further find the value of the premises from the date of the trial until February 1 next succeeding. No execution for possession shall be issued until that time if the defendant executes, with surety to be approved by the clerk of the court, a bond in double such amount to plaintiff, conditioned to pay at such date the sum so assessed, and if not paid at maturity the court shall enter judgment upon the bond.
A.R.S. § 12-213 — Arizona Code / Title 12 / Chapter 2 / Article 2 / Section 213
12-213 Commissioners in certain counties; appointment; powers and duties; salary
Status: in_force

12-213. Commissioners in certain counties; appointment; powers and duties; salary

A. In counties having three or more superior court judges, the presiding judge may appoint court commissioners to serve at his pleasure who shall have such powers and duties as shall be provided by statute or by rule of the supreme court, save and except such commissioners are expressly prohibited, except in default hearings, from making any ex parte orders which would deprive any person or persons from custody of their child or children, or change of counsel of attorneys, or deprive any person of the person's liberty, or deprive any person or entity from the person's or entity's property or the use thereof, or any injunctive relief.

B. Commissioners appointed under subsection A shall receive an annual salary set by the presiding judge which may not exceed ninety per cent of the salary of a judge of the superior court. The commissioner's salary shall be a county charge. An appointed commissioner shall be admitted to the practice of law in and a resident of this state for five years next preceding taking office.
A.R.S. § 12-1581 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1581
12-1581 Discharge of garnishee
Status: in_force

12-1581. Discharge of garnishee

A. If it appears from the answer of the garnishee that he did not owe nonexempt monies to the judgment debtor when the writ was served on him or that he did not have in his possession any nonexempt personal property of the judgment debtor when the writ was served, and if no written objection to the answer is timely filed, the court shall enter judgment discharging the garnishee.

B. When the garnishee is a corporation in which the judgment debtor is alleged to be the owner of shares of stock or an interest, if the answer shows that the judgment debtor is not and was not when the writ was served the owner of any shares or interest and if no written objection is timely filed, the court shall enter judgment discharging the garnishee.
A.R.S. § 12-3018 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3018
12-3018 Judicial enforcement of preaward ruling by arbitrator
Status: in_force

12-3018. Judicial enforcement of preaward ruling by arbitrator

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 12-3019.  A prevailing party may make a motion to the court for an expedited order to confirm the award under section 12-3022, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies or corrects the award under section 12-3023 or 12-3024.
A.R.S. § 12-101 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 101
12-101 Justices; number; term; election
Status: in_force

12-101. Justices; number; term; election

The supreme court shall consist of seven justices. The term of office of each justice shall be six years and shall take effect on the first Monday in January of the year in which it begins. Justices shall be elected at the general election next preceding the expiration of a term of office.
A.R.S. § 12-1567 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1567
12-1567 Satisfaction of judgment; superior court; filing procedures; hearing; bond
Status: in_force

12-1567. Satisfaction of judgment; superior court; filing procedures; hearing; bond

A. The prevailing party shall file a satisfaction of judgment in the superior court within forty days after a judgment has been paid in full.

B. If the prevailing party fails to file a satisfaction of judgment or cannot be located after the opposing party has exercised due diligence in attempting to locate the prevailing party, the opposing party may file a motion to compel satisfaction of the judgment. The opposing party shall include with the motion to compel satisfaction of the judgment an affidavit that evidences proof of payment and, if necessary, the due diligence that was performed in attempting to locate the prevailing party. If the motion is granted, the judgment is deemed satisfied.

C. A judge may hold a hearing on the motion to compel satisfaction of the judgment.

D. A judge may compel the moving party to post a bond with the court in the amount of the judgment.
A.R.S. § 12-241 — Arizona Code / Title 12 / Chapter 2 / Article 5 / Section 241
12-241 Appointment; court attendance
Status: in_force

12-241. Appointment; court attendance

The court may when necessary appoint interpreters, who may be summoned in the same manner as witnesses, and shall be subject to the same penalties for disobedience.
A.R.S. § 12-3403 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3403
12-3403 Applicability
Status: in_force

12-3403. Applicability

This chapter applies to partition actions filed on or after September 14, 2024.
A.R.S. § 12-997 — Arizona Code / Title 12 / Chapter 7 / Article 12 / Section 997
12-997 Closing orders; enforcement; notice; moving assistance; violation; classification
Status: in_force

12-997. Closing orders; enforcement; notice; moving assistance; violation; classification

A. In any judicial proceeding brought under sections 12-991 and 12-992, the court, on its own motion or on the motion of any party, may issue an order to close all or part of the premises involved if the court finds both of the following:

1. A nuisance exists.

2. The public health, safety or welfare immediately requires the closing.

B. A closing order shall both:

1. Direct the actions that are necessary to physically secure the premises or part of the premises that is closed against use for any purpose.

2. Restrain the defendant and any other person from removing or in any manner interfering with the furniture, fixtures and movable or personal property on or within the premises that constitute the nuisance, except as otherwise provided in this section.

C. On order of the court, the local law enforcement agency shall enforce a closing order.  The law enforcement officer who serves a temporary closing order shall allow the owner of any personal property twenty-four hours to remove the property.

D. On service of the closing order and unless otherwise ordered by the court, the law enforcement officer who serves the order shall demand all persons who are present on the premises to be closed to immediately vacate the premises or part of the premises affected by the order. The agency closing the premises shall securely lock the premises or part of the premises to be closed and shall hold all of the keys to the premises.

E. If the premises that constitute a nuisance include multiple residences or dwellings, the court shall limit the closing order to that portion of the entire premises that is necessary to abate the nuisance and to prevent the recurrence of the nuisance.

F. On service of a closing order, the law enforcement officer shall post both of the following in a conspicuous place or on one or more of the principal doors at entrances to the premises:

1. A copy of the order.

2. A written notice that states that the entire premises or part of the premises has been closed by court order.  The notice shall contain the heading "closed by court order" in block lettering of sufficient size to be observed by any person who intends or is likely to enter the premises.  The notice shall also include the date of the order, the court that issued the order and the name of the office or agency that posted the notice.

G. In addition to any other relief authorized by this article, the court may order a defendant who knew or had reason to know of the nuisance and who failed to take reasonable and legally available actions to abate the nuisance to provide refunds of any deposits and reasonable moving assistance to any tenant who is ordered to vacate the premises if the court determines that the tenant was not involved in any event constituting the nuisance and did not knowingly aid in the commission of any such event.  The court shall determine the amount of moving expenses.

H. If the court orders refunds of any deposits and moving assistance pursuant to subsection G of this section and the defendant fails to comply with the order, a lien for the amount of court ordered moving expenses may be filed against the defendant with the county recorder of the county in which the property is located.  The lien is prior and superior to all other liens, obligations or encumbrances except for liens under section 12-991 or 12-996, prior recorded mortgages, restitution liens, child support liens and general tax liens.

I. If after a hearing the court on its own motion or the motion of any party finds that any of the criteria for issuing the closing order no longer exists, the court shall terminate the closing order.

J. A person who without lawful authority removes or mutilates an order or notice posted pursuant to this section is guilty of a class 1 misdemeanor.
A.R.S. § 12-1862 — Arizona Code / Title 12 / Chapter 10 / Article 3 / Section 1862
12-1862 Invocation of proceedings
Status: in_force

12-1862. Invocation of proceedings

This article may be invoked by an order of any of the courts referred to in section 12-1861 on the court's own motion.
A.R.S. § 12-1221 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1221
12-1221 Effect of judgment confirming report of commissioners
Status: in_force

12-1221. Effect of judgment confirming report of commissioners

The judgment of the court which confirms the report of partition shall vest in each party to whom a share is allotted the title to such share as against the other parties to the partition, their heirs, executors, administrators or assigns, as fully and effectually as the deed of the parties could vest the property and shall have the same force and effect as a warranty deed of conveyance from such other parties and each of them.
A.R.S. § 12-1111 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1111
12-1111 Purposes for which eminent domain may be exercised
Status: in_force

12-1111. Purposes for which eminent domain may be exercised

Subject to the provisions of this title, the right of eminent domain may be exercised by the state, a county, city, town, village, or political subdivision, or by a person, for the following uses:

1. All public uses authorized by the government of the United States.

2. Buildings and grounds for any public use of the state and all other public uses authorized by the legislature.

3. Buildings and grounds for the use of a county, city, town or school district.

4. Canals, aqueducts, flumes, ditches or pipes, for conducting water for the use of the inhabitants or for drainage of a county, city, town or village.

5. Raising the banks of streams, removing obstructions therefrom, or widening, deepening or straightening their channels.

6. Roads, streets and alleys, and all other public uses for the benefit of a county, city, town or village, or the inhabitants thereof, which is authorized by the legislature. The method of apportioning and collecting the costs of the improvements authorized by paragraphs 3, 4, 5 and 6 shall be as provided in the law by which they are authorized.

7. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads and highways.

8. Steam, horse, mule, electric and cable railroads or railways.

9. Telegraph and telephone lines and conduits for public communication.

10. Electric light and power transmission lines, pipe lines used for supplying gas, and all transportation, transmission and intercommunication facilities of public service agencies.

11. Aviation fields.

12. Reservoirs, canals, ditches, flumes, aqueducts and pipes, for the use of a county, city, town or village, or its inhabitants, or for public transportation for supplying mines and other industrial enterprises, farms and farm neighborhoods with water for irrigation, domestic and other needful purposes, and for generating electricity.

13. Draining and reclaiming lands, and for floating logs and lumber on nonnavigable streams.

14. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines, and outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines, and an occupancy in common by the owners or possessors of different mines, or any place for the flow, deposit or conduct of tailings or refuse matter from their several mines.

15. Byroads leading from highways to residences and farms.

16. Private canals, ditches, flumes, aqueducts and pipes for conducting water from natural water courses or bodies or from public sources where the lands to be irrigated are not directly reached by such natural water course or public sources.

17. Pipe lines to carry petroleum, petroleum products or any other liquid.

18. Rights of way, station grounds, pits, yards, sidetracks and other necessary facilities for railways.
A.R.S. § 12-1502 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1502
12-1502 Proceedings to compel or stay arbitration
Status: in_force

12-1502. Proceedings to compel or stay arbitration

A. On application of a party showing an agreement described in section 12-1501, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party. Otherwise, the application shall be denied.

B. On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.

C. If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection A of this section, the application shall be made therein. Otherwise and subject to section 12-2101, the application may be made in any court of competent jurisdiction.

D. Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.

E. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
A.R.S. § 12-299.03 — Arizona Code / Title 12 / Chapter 2 / Article 11 / Section 299.03
12-299.03 Duties of the supreme court; evaluation
Status: in_force

12-299.03. Duties of the supreme court; evaluation

A. The supreme court shall:

1. Implement and administer the community punishment program.

2. Adopt necessary guidelines, rules, standards and policies to implement this article.

3. Facilitate the development of local plans.

4. Develop and implement an application process and procedures.

5. Review and approve plans and budgets.

6. Allocate funding.

7. Provide statewide training and technical assistance to the superior court, adult probation departments and advisory committees regarding community punishment.

8. Conduct an evaluation of all programs on a periodic basis to ensure program accountability.  The evaluation report shall include information for the superior court in each participating county on the number of offenders serving suspended sentences on probation and intensive probation, the average cost per offender, the amount of restitution, fines and fees paid, the number of community restitution hours contributed by offenders and the number of offenders who have successfully completed terms of probation. The supreme court shall submit the report to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of this report to the secretary of state.  The supreme court may contract with a private consultant to prepare this evaluation report.  Beginning July 1, 2011, the report shall be submitted electronically.

B. The supreme court may contract directly with private human service agencies to develop, implement and operate community punishment programs.
A.R.S. § 12-1121 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1121
12-1121 Powers of court; precedence
Status: in_force

12-1121. Powers of court; precedence

A. The court may determine and regulate the place and manner of making connections and crossings or of enjoying the common use mentioned in paragraph 14 of section 12-1111. It shall hear and determine all adverse or conflicting claims to the property sought to be condemned and the claim of damages therefor, and shall determine the respective rights of different parties seeking condemnation of the same property.

B. The court in which any action brought under articles 2 and 3 of this chapter is pending shall, at the request of any party, give the action precedence over other civil actions.
A.R.S. § 12-2311 — Arizona Code / Title 12 / Chapter 13 / Article 9 / Section 2311
12-2311 Definition of silent witness or crime stopper program
Status: in_force

12-2311. Definition of silent witness or crime stopper program

In this article, unless the context otherwise requires, "silent witness or crime stopper program" means a program which meets each of the following requirements:

1. The purpose of the program is to obtain information on wanted persons, felony crimes and other criminal activity.

2. The program forwards the information to the appropriate law enforcement agency.

3. The program expends program monies to provide rewards for information received pursuant to the program.

4. The program allows the person submitting a report to remain anonymous.

5. The program operates in conjunction with a certified law enforcement agency or county attorney's office.
A.R.S. § 12-820.04 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820.04
12-820.04 Punitive and exemplary damages; immunity
Status: in_force

12-820.04. Punitive and exemplary damages; immunity

Neither a public entity nor a public employee acting within the scope of his employment is liable for punitive or exemplary damages.
A.R.S. § 12-1174 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1174
12-1174 Immateriality of time possession obtained by tenant
Status: in_force

12-1174. Immateriality of time possession obtained by tenant

It is not material whether a tenant received possession from his landlord or became his tenant after obtaining possession.
A.R.S. § 12-3025 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3025
12-3025 Judgment on award; attorney fees and litigation expenses
Status: in_force

12-3025. Judgment on award; attorney fees and litigation expenses

A. On granting an order vacating an award without directing a rehearing or confirming, modifying or correcting an award, the court shall enter a judgment in conformity with the order.  The judgment may be recorded, docketed and enforced as any other judgment in a civil action.

B. A court may allow reasonable costs of the motion and subsequent judicial proceedings.

C. On application of a prevailing party to a contested judicial proceeding under section 12-3022, 12-3023 or 12-3024, the court may add reasonable attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment vacating an award without directing a rehearing or confirming, modifying or correcting an award.
A.R.S. § 12-299 — Arizona Code / Title 12 / Chapter 2 / Article 11 / Section 299
12-299 Definitions
Status: in_force

12-299. Definitions

In this article, unless the context otherwise requires:

1. "Advisory committee" means a local community punishment advisory committee appointed by the presiding judge of the superior court.

2. "Application process and procedures" means the criteria and guidelines developed by the supreme court for establishing community punishment plans, granting monies for programs authorized by this article and monitoring and reviewing programs funded under this article.

3. "Community punishment" means programs for persons placed on supervised probation or intensive probation which are established pursuant to this article and provide for increased conditions of probation and community based programs and services that emphasize supervision, surveillance, control, public protection, community work service, restitution and victims' rights and that provide opportunities for rehabilitation and treatment.

4. "Community punishment plan" means a document which is prepared by the presiding judge of the superior court and submitted to the supreme court pursuant to the requirements set forth in the application process and procedures.

5. "Private human services agency" means a nonprofit or for profit organization which provides treatment, housing or other services to individuals, families or groups.

6. "Renovation" means the repair, remodeling, alteration or expansion of existing buildings or structures to make them habitable or suitable for program operations. Renovation includes the acquisition and installation of necessary initial equipment.
A.R.S. § 12-1512 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1512
12-1512 Opposition to an award
Status: in_force

12-1512. Opposition to an award

A. Upon filing of a pleading in opposition to an award, and upon an adequate showing in support thereof, the court shall decline to confirm and award and enter judgment thereon where:

1. The award was procured by corruption, fraud or other undue means;

2. There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;

3. The arbitrators exceeded their powers;

4. The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 12-1505, as to prejudice substantially the rights of a party; or

5. There was no arbitration agreement and the issue was not adversely determined in proceedings under section 12-1502 and the adverse party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.

B. In declining to confirm an award on grounds other than stated in paragraph 5 of subsection A the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 12-1503, or if the court declines to confirm the award on grounds set forth in paragraphs 3 and 4 of subsection A the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 12-1503. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
A.R.S. § 12-2023 — Arizona Code / Title 12 / Chapter 11 / Article 2 / Section 2023
12-2023 Application for writ; notice; hearing on default
Status: in_force

12-2023. Application for writ; notice; hearing on default

A. When application for a writ of mandamus is made without notice to the adverse party, and the writ is allowed, the alternative writ shall be first issued.

B. If application for a writ of mandamus is made upon due notice, the peremptory writ may be issued in the first instance. The notice of application, when given, shall be of at least ten days.

C. The writ shall not be granted by default, but the action shall be heard by the court though the adverse party does not appear.
A.R.S. § 12-2410 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2410
12-2410 Hearing; procedure; issues
Status: in_force

12-2410. Hearing; procedure; issues

A. Upon filing of a request for hearing pursuant to section 12-2407, the party seeking any provisional remedy or the court shall cause the matter to be set for hearing.

B. Hearing shall be before a judge or justice of the peace and shall be heard no later than five days exclusive of weekends or holidays after the filing of a request for a hearing date, or at a later time with the consent of all parties.

C. Any hearing on an application for any provisional remedy shall be limited to the following issues:

1. The probable validity of the applicant's claim or claims 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 requirements for the issuance of any provisional remedies sought.

D. If after hearing the court finds probable cause to believe the claim of the applicant is valid and that the statutory requirements for any provisional remedy have been met, such remedy shall be issued forthwith.
A.R.S. § 12-944 — Arizona Code / Title 12 / Chapter 7 / Article 8 / Section 944
12-944 Owner receipt; publication of property valued at more than one hundred fifty dollars
Status: in_force

12-944. Owner receipt; publication of property valued at more than one hundred fifty dollars

A. If an agency takes any property from a person, the agency shall provide the person with a detailed receipt for the property. The receipt shall contain a notice to the person on how to retrieve the property from the agency.

B. If the owner of found property that has a value of more than one hundred fifty dollars is not known, the agency holding the property shall publish or post a notice containing a description of the property before the final disposal of the property.
A.R.S. § 12-1528 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1528
12-1528 Issuance of writ to several counties; form of writ; delivery for service
Status: in_force

12-1528. Issuance of writ to several counties; form of writ; delivery for service

A. Several writs of attachment may, at the option of plaintiff, be issued at the same time or in succession and sent to different counties until sufficient property is attached to satisfy the writ.

B. The writ may be in the following form:

"The State of Arizona.

"To the sheriff or any constable of ___________________ county, greeting:

"We command that you attach forthwith so much property of C. D., if to be found in your county, as is of value sufficient to make the sum of _____________ dollars, and the probable costs of the action, to satisfy the demand of A. B., and that you keep and secure in your hands the property so attached, unless replevied, so that such property may be liable to further proceedings thereon, to be had before the court, and that you make return of this writ showing how you have executed it."

C. The writ shall be dated and attested as other writs, and may be delivered by the issuing officer to the sheriff or a constable, or he may deliver it to the plaintiff for that purpose.
A.R.S. § 12-1120 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1120
12-1120 Right to defend action
Status: in_force

12-1120. Right to defend action

All persons occupying, or having or claiming an interest in any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead and defend in respect to his property or interest, or that claimed by him, as if named in the complaint.
A.R.S. § 12-1598.02 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.02
12-1598.02 Grounds for issuance of writ of garnishment of earnings
Status: in_force

12-1598.02. Grounds for issuance of writ of garnishment of earnings

The clerk of the court, justice of the peace or city or town magistrate shall issue writs of garnishments of earnings, returnable to that court, only in cases in which a party to that action is a judgment creditor. The city or town magistrate shall issue writs of garnishment only for nonpayment of fines, fees, sanctions and restitution imposed in that court.
A.R.S. § 12-1872 — Arizona Code / Title 12 / Chapter 10 / Article 4 / Section 1872
12-1872 Court orders
Status: in_force

12-1872. Court orders

In the conduct of class actions, the court may make orders that:

1. Determine the course of the proceedings or that prescribe measures to prevent undue repetition or complication in the presentation of evidence or argument.

2. For the protection of the class members or for the fair conduct of the action, require that notice be given in any manner the court directs to some or all of the members of any step in the action, of the proposed entry of judgment or of the opportunity of members to signify whether they consider the representation to be fair and adequate, to intervene and present claims and defenses or otherwise to come into the action.

3. Impose conditions on the representative parties or on intervenors.

4. Require that the pleadings be amended to eliminate allegations as to representation of absent persons and that the action proceed accordingly.

5. Deal with similar procedural matters.

6. Combine with any other appropriate pretrial order.
A.R.S. § 12-270 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 270
12-270 Probation success incentive payments and grants; baseline calculations; annual reports; definitions
Status: in_force

12-270. Probation success incentive payments and grants; baseline calculations; annual reports; definitions

A. The administrative office of the courts, in consultation with each county's adult probation department, shall calculate a county probation success incentive payment for each county for the most recently completed fiscal year.  Each county's probation success incentive payment equals the number of probationers successfully prevented from entering prison, compared to the county-specific historical baselines calculated in subsection G, paragraph 1 of this section multiplied by fifty percent of the marginal cost of incarceration as required by subsection F of this section. The administrative office of the courts shall calculate a statewide probation success incentive grant payment that equals the number of probationers successfully prevented from entering prison statewide, compared to the statewide historical baseline calculated in subsection G, paragraph 1 of this section multiplied by twenty-five percent of the marginal cost of incarceration as required by subsection F of this section. Subject to legislative appropriation, the administrative office of the courts shall proportionately allocate the county probation success incentive payments to each county based on the specific calculations made pursuant to subsection G of this section. Subject to legislative appropriation, the administrative office of the courts shall deposit the statewide probation success incentive grant payment in a subaccount established by the administrative office of the courts for the purpose of recidivism reduction and improving probation services.

B. Each county shall use its probation success incentive payment and any monies received from a statewide probation success incentive grant to improve supervision and rehabilitative services for probationers, including any of the following:

1. Implementing and expanding evidence-based practices for risk and needs assessments for individualized programming.

2. Implementing and expanding intermediate sanctions, including mandatory community restitution, home detention, day reporting, restorative justice programs and work furlough programs.

3. Expanding the availability of evidence-based practices for rehabilitation programs, including drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs and job training and employment services.

4. Recognizing and rewarding probation officers in adult probation departments whose work has advanced the implementation of evidence-based practices or who have contributed to the probation department's recidivism reduction efforts.

5. Paying for continuing education and training that focuses on evidence-based practices for probation officers or probation staff, or both.

6. Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity.

C. The administrative office of the courts shall allocate county probation success incentive payments to each county for distribution to the county's adult probation department to implement the programs prescribed in subsection B of this section. A board that includes the chief probation officer from each county shall determine the distribution of statewide probation success incentive grant monies. A county's chief probation officer must be recused in a vote that may award a grant to the chief probation officer's probation department. The county and statewide probation success incentive payments allocated pursuant to this section shall be used to supplement, not supplant, any other state or county appropriation for the adult probation department.

D. For any county or statewide probation success incentive payments allocated or grants awarded to a county, the county shall distribute the allocated monies to its adult probation department, which must use the monies for improving probation services and recidivism reduction funding activities prescribed in subsection B of this section. In the county's discretion, the county may retain up to fifteen percent of the allocated monies for administrative and data collection purposes.

E. In any fiscal year in which a county receives incentive payments or grants, the monies shall be made available to the county's adult probation department to implement probation programming within sixty days after the allocation of those monies. The county adult probation department shall maintain a complete and accurate accounting of all monies received pursuant to this section.

F. At the end of each fiscal year, the director of the state department of corrections shall calculate the marginal cost of incarceration for that fiscal year and provide that information to the administrative office of the courts. The calculation shall take into consideration factors such as the average length of stay in prison and variable corrections costs, including health care services, food and clothing.

G. At the end of each fiscal year, the administrative office of the courts shall gather data on, calculate and report the following for each fiscal year:

1. The probation failure rate for this state and each county. To make this calculation, the baseline probation failure rate equals the average number of adult probationers who failed to successfully complete a term of probation during fiscal years 2007-2008, 2014-2015 and 2018-2019, as a percentage of the average number of probationers who successfully completed a term of probation during that same time period. When calculating probation failure, if a person on probation spends fewer than fourteen days in detention, that person's detention is not a probation failure. For the purposes of calculating the probation failure rate and the baseline probation failure rate, the number of adult probationers who failed to successfully complete a term of probation includes the following:

(a) A probationer whose probation was revoked for a new crime or technical violation.

(b) A probationer whose whereabouts are unknown and for whom an arrest warrant was issued during the fiscal year.

(c) A probationer whose probation is terminated on serving a sentence in a county jail in lieu of probation revocation for a new crime or technical violation.

2. An estimate of the number of adult probationers this state and each county successfully prevented from failing probation.  This estimate is calculated based on the reduction in the probation failure rate as calculated annually pursuant to the baseline probation failure rate calculated pursuant to paragraph 1 of this subsection. In making this estimate, the administrative office of the courts, in consultation with the adult probation department, shall adjust the calculations to account for changes in the adult probation caseload in the most recent completed fiscal year as compared to the adult probation population during fiscal years 2007-2008, 2014-2015 and 2018-2019.

3. The current total population of probationers for the last three years per county as of the date of the required report.

H. If data of sufficient quality and of the types required by this section are not available, the administrative office of the courts shall use the best available data to estimate probation success rates using a methodology that is as consistent with that described in this section as is reasonably possible.

I. The administrative office of the courts shall include an estimate of the total monies to be held and administered in the following fiscal year as part of the judiciary's proposed budget.

J. Each county board of supervisors shall periodically provide oversight regarding the allocation of incentive payment grants to the specific departments that are tasked with administering the probation programming to ensure that disbursed monies are appropriately used as specified in subsection B of this section.

K. Each adult probation department shall define and track specific outcome-based measures, including all of the following:

1. The percentage of probationers who are supervised in accordance with evidence-based practices.

2. The specific supervision policies, procedures, programs and practices that were eliminated.

3. The percentage of probationers who successfully complete the period of supervision.

4. The number of probation absconders who are located each year and the disposition of these cases.

5. The amount of monies received by each adult probation department.

L. On or before December 31, 2022 and annually thereafter, each adult probation department that receives incentive payments or grants pursuant to this section shall submit a written report to the administrative office of the courts and the county board of supervisors that accounts for incentive payments received and grants awarded and that evaluates the effectiveness of the program.

M. On or before July 1, 2023 and annually thereafter, the administrative office of the courts shall submit to the governor, the speaker of the house of representatives, the president of the senate and the joint legislative budget committee a comprehensive report on the implementation of this section. The report must include all of the following information:

1. The effectiveness of programs based on the reports of performance-based outcome measures required in subsection K of this section.

2. The percentage of adult probationers whose supervision was revoked for the year that the report is being made.

3. The percentage of probationers who were convicted of criminal offenses during the probationer's term of supervision for the year that the report is being made.

4. The impact of the incentive payments allocated pursuant to this section to enhance public safety by:

(a) Reducing the percentage and the number of probationers whose supervision was revoked for the year the report is being made for violations or new convictions.

(b) Reducing the number of probationers who return to prison or jail or who abscond from probation for the year that the report is being made.

5. Any recommendations regarding resource allocations or additional collaboration with other state, regional, federal or local entities for improvements made pursuant to this section.

6. The number of probationers whose supervision was revoked solely for a violation of the terms of probation and the number of probationers whose supervision was revoked because of the commission of a new offense.

N. For the purposes of this section:

1. "Baseline probation failure rate" means the average of the probation failure rates for fiscal years 2007-2008, 2014-2015 and 2018-2019.  Each fiscal year's failure rate is the quotient of the number of persons on probation who failed to successfully complete the person's term of probation that is divided by the total number of persons on probation and that is calculated on a statewide basis and for each county.

2. "Evidence-based practices" means supervision policies, procedures, programs and practices demonstrated by scientific research to reduce recidivism among persons on probation.

3. "Marginal cost of incarceration" means the sum of all short-term variable costs associated with incarcerating a person in a state department of corrections facility and includes only those correctional costs that marginally change in proportion to the inmate population of a facility.

4. "Probation programming" means all programs established pursuant to title 13, chapter 9 and consists of a system of probation supervision services dedicated to all of the following goals:

(a) Enhancing public safety through managing and reducing offender risk while a probationer is under supervision and on reentry from prison into the community.

(b) Providing a range of supervision tools, sanctions and services that are applied to probationers based on a risk or needs assessment, or both, to reduce criminal conduct and promote individualized behavioral change that results in reducing recidivism and promoting successful reintegration into the community.

(c) Maximizing offender restitution, reconciliation and restorative services to crime victims, when applicable.

(d) Holding probationers accountable for successful compliance with applicable court orders and conditions of probation.

(e) Improving public safety outcomes for a person who is placed on probation after an offense, as measured by the person's successful completion of probation and commensurate reduction in the rate of probationers returning to prison as a result of a revocation or conviction of a new offense.
A.R.S. § 12-2239 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2239
12-2239 Domestic violence victim advocate; privilege; training; exception; definition
Status: in_force

12-2239. Domestic violence victim advocate; privilege; training; exception; definition

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

B. This section does not apply to a civil action brought pursuant to title 36, chapter 37, relating to the civil commitment of sexually violent persons.

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

D. The domestic violence victim advocate-victim privilege does not extend to cases in which the domestic violence victim advocate has a duty to report nonaccidental injuries and physical neglect of minors as required by section 13-3620.

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

F. To qualify for the privilege prescribed in this section, a domestic violence victim advocate must have at least thirty hours of training in assisting victims of domestic violence.  A portion of this training must include an explanation of privileged communication and the reporting requirements prescribed in section 13-3620.

G. A domestic violence victim advocate who is a volunteer shall perform all activities under qualified supervision.

H. The training prescribed in subsection F may be provided by the shelter or service provider or by an outside agency that issues a certificate of completion.  The records custodian of the shelter or service provider must maintain the training documents.

I. For the purposes of this section, "domestic violence victim advocate" means a person who is an employee or volunteer at a domestic violence shelter or service provider for victims of domestic violence and who meets the training requirements of this section.
A.R.S. § 12-1563 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1563
12-1563 Impeding recovery by action or judgment of personal property; classification
Status: in_force

12-1563. Impeding recovery by action or judgment of personal property; classification

A person against whom an action is pending or against whom a judgment has been rendered for the recovery of personal property who knowingly conceals, sells or disposes of such property with intent to hinder or delay execution of the judgment, or with like intent removes the property from the county in which it is located at the time of the commencement of the action or the rendition of judgment, is guilty of a class 6 felony.
A.R.S. § 12-2312 — Arizona Code / Title 12 / Chapter 13 / Article 9 / Section 2312
12-2312 Silent witness or crime stopper program records; disclosure prohibited; exception
Status: in_force

12-2312. Silent witness or crime stopper program records; disclosure prohibited; exception

A. A record of a communication between a person who submits a report of criminal activity to a silent witness, crime stopper or operation game thief program administered by a police department, a sheriff's department, a county attorney's office or the Arizona game and fish department and the person who accepted the report on behalf of the silent witness program is not a public record.

B. Except as otherwise provided in this section, disclosure of information that might be used to identify an individual submitting a tip under this section is prohibited if the individual submitting the tip did so anonymously. All tips that do not include the full name of the individual submitting the tip shall be deemed submitted anonymously. This section does not prohibit a prosecutor in a criminal case from disclosing any information if the disclosure is required by a constitutional, legal or ethical duty. If a prosecutor in a criminal case possesses information that might be used to identify an individual who anonymously submitted a tip under this section and disclosure of that information is not required by a constitutional, legal or ethical duty, the prosecutor shall make reasonable efforts to ensure the information is not disclosed.

C. No portion of any record maintained by a silent witness, crime stopper or operation game thief program or organization that might be used to identify an individual who submitted a tip anonymously under this section shall be subject to compulsory production except on a motion that is filed in the superior court where a complaint concerning the alleged event has been filed, or if no complaint has been filed, the county where the alleged event occurred and that establishes good cause for disclosure. The party filing the motion has the burden to show good cause for the disclosure. Good cause may include reason to believe that the tip was motivated by bias or animus or that disclosure is reasonably necessary to investigate a defense to the allegation or the potential sentence if convicted. This section does not prohibit a prosecutor in a criminal case from disclosing any information if the disclosure is required by a constitutional, legal or ethical duty.

D. If a motion to disclose the tip information pursuant to subsection C of this section is granted, the court shall authorize the grant of a subpoena by the moving party to obtain the information. This section does not expand the scope of discovery available under any Arizona court rules.

E. A silent witness, crime stopper or operation game thief program or organization shall retain tip materials submitted to them in writing by individuals submitting a report of criminal activity until at least the first anniversary of either of the following, whichever occurs last:

1. The date of expiration for all appeals and postconviction relief matters in a criminal proceeding or the expiration of the defendant's sentence.

2. The date the plaintiff's appeal rights are exhausted in a civil proceeding.
A.R.S. § 12-1805 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1805
12-1805 Limitations on injunction to stay judgment or proceedings at law
Status: in_force

12-1805. Limitations on injunction to stay judgment or proceedings at law

An injunction shall not be granted to stay any judgment or proceedings at law, except so much of the recovery or cause of action as plaintiff in the complaint shows himself equitably entitled to be relieved against, and so much as will cover the costs.
A.R.S. § 12-408 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 408
12-408 Procedure for change of venue when county is a party
Status: in_force

12-408. Procedure for change of venue when county is a party

A. In a civil action pending in the superior court in a county where the county is a party, the opposite party is entitled to a change of venue to some other county without making an affidavit therefor.

B. The party applying for the change of venue shall pay the cost thereof and give a bond to the opposite party as in other cases.
A.R.S. § 12-1308 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1308
12-1308 Finding for defendant; judgment; election to take value or property
Status: in_force

12-1308. Finding for defendant; judgment; election to take value or property

A. If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial it is found that he is its owner and that he was at the time the action was brought entitled to its possession, then on the trial the value of the property replevied shall be found, together with any damage the defendant has suffered for the wrongful seizure of the property, and judgment shall be against the plaintiff claimant and the sureties on the replevin bond for the value of the property, the damages and costs of the action and reasonable attorney's fees. The judgment shall also be for the return of the property to the adverse party at a time and place specified.

B. The defendant shall elect whether he will take the property itself or the amount found as the value of the property. The election shall be made in order to permit the plaintiff a reasonable time before the time specified in the judgment for delivery of the property. The election may be made in open court, or by an instrument in writing filed in the action.
A.R.S. § 12-2006 — Arizona Code / Title 12 / Chapter 11 / Article 1 / Section 2006
12-2006 Extent of review
Status: in_force

12-2006. Extent of review

The review upon writ of certiorari shall not be extended further than to determine whether the inferior tribunal, board or officer has regularly pursued its authority.
A.R.S. § 12-823 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 823
12-823 Judgment for plaintiff; amount; interest and costs
Status: in_force

12-823. Judgment for plaintiff; amount; interest and costs

If judgment is rendered for the plaintiff, it shall be for the amount actually due from the public entity to the plaintiff, with legal interest thereon from the time the obligation accrued and with court costs.
A.R.S. § 12-1642 — Arizona Code / Title 12 / Chapter 9 / Article 9 / Section 1642
12-1642 Determination of issue between principal and surety; finding for surety and order of levy
Status: in_force

12-1642. Determination of issue between principal and surety; finding for surety and order of levy

A. When an action is brought against two or more defendants upon a contract, and one or more of the defendants are surety for the others, the surety may cause the issue of suretyship between the defendants to be tried and determined at any time before the trial, but such proceedings shall not delay the action of the plaintiff.

B. If the issue is determined in favor of the surety, the court shall order the sheriff to levy the execution first upon the property of the principal which is subject to execution and situate in the county in which the judgment was rendered before a levy is made upon the property of the surety, if enough property of the principal is found as in the opinion of the sheriff or constable is sufficient to make the amount of the execution, otherwise the levy shall be made on so much property of the principal as is found, if any, and upon so much of the property of the surety as is necessary to make the amount of the execution. The clerk shall make a memorandum of such order on the execution.
A.R.S. § 12-120.03 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.03
12-120.03 Salary of judges
Status: in_force

12-120.03. Salary of judges

Each judge of the court of appeals shall receive an annual salary pursuant to section 41-1904.
A.R.S. § 12-611 — Arizona Code / Title 12 / Chapter 6 / Article 2 / Section 611
12-611 Liability
Status: in_force

12-611. Liability

When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.
A.R.S. § 12-2451 — Arizona Code / Title 12 / Chapter 15 / Article 1 / Section 2451
12-2451 Petition for emancipation order; requirements; notification; representation; waiver of filing fees
Status: in_force

12-2451. Petition for emancipation order; requirements; notification; representation; waiver of filing fees

A. A minor who wishes to be emancipated may file a petition for an emancipation order with the clerk of the court in the county in which the minor resides if all of the following apply:

1. The minor is at least sixteen years of age.

2. The minor is a resident of this state.

3. The minor is financially self-sufficient.

4. The minor acknowledges in writing that the minor has read and understands information that is provided by the court and that explains the rights and obligations of an emancipated minor and the potential risks and consequences of emancipation.

B. A petition filed pursuant to this section must contain the following:

1. The petitioner's name, mailing address, social security number and date of birth.

2. The name and mailing address of the petitioner's parent or legal guardian, if known.

3. Specific facts to support the petition, including:

(a) The minor's demonstrated ability to manage the minor's financial affairs including proof of employment or other means of support.

(b) The minor's demonstrated ability to manage the minor's personal and social affairs, including proof of housing.

(c) The minor's demonstrated ability to live wholly independent of the minor's parent.

(d) The minor's demonstrated ability and commitment to obtain or maintain education, vocational training or employment.

(e) How the minor will obtain or maintain health care.

(f) Any other information considered necessary to support the petition.

(g) At least one of the following:

(i) Documentation that the minor has been living on the minor's own for at least three consecutive months.

(ii) A statement explaining why the minor believes the home of the minor's parent or legal guardian is not a healthy or safe environment.

(iii) A notarized statement that contains written consent to the emancipation and an explanation by the minor's parent or legal guardian.

(h) Whether the minor has obtained an offer of employment.

C. The court shall hold a hearing on the petition within ninety days after the date of its filing and shall notify the petitioner and the petitioner's parent or legal guardian of the date and place of the hearing by certified mail at least sixty days before the hearing date.  For good cause shown, the court may continue the initial emancipation hearing.

D. The minor's parent or legal guardian may file a written response objecting to the emancipation within thirty days after service of the notice of the hearing.

E. The minor may participate in the court proceedings on the minor's own behalf or be represented by an attorney chosen by the minor.  If the court determines it necessary, the court may appoint a guardian ad litem for the petitioner.

F. The court may reduce or waive the fee prescribed in section 12-284 for filing a petition for emancipation of a minor for financial hardship.
A.R.S. § 12-1303 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1303
12-1303 Bond; amount and conditions
Status: in_force

12-1303. Bond; amount and conditions

The officer shall not take the property until plaintiff executes and delivers to him a bond payable to the defendant, in an amount not less than double the value of the property as stated in the affidavit, conditioned that plaintiff will prosecute the action to effect and without delay, and for the return of the property to defendant if return thereof is adjudged, and in default of such delivery that plaintiff will pay the assessed value of the property and all damages for its taking and detention, and costs in the action, including reasonable attorney's fees.
A.R.S. § 12-299.10 — Arizona Code / Title 12 / Chapter 2 / Article 12 / Section 299.10
12-299.10 Court security officers; certification; powers and duties
Status: in_force

12-299.10. Court security officers; certification; powers and duties

A. Each court may use certified court security officers to ensure the safety of judicial branch employees and facilities.  A certified court security officer must be an employee of the judicial branch. The supreme court shall certify court security officers.

B. A certified court security officer, in the performance of the officer's duties, may do all of the following:

1. With reasonable cause, detain a person on the premises for a reasonable time to contact a law enforcement officer and maintain the safety and well-being of a person who is in a judicial branch facility, on judicial branch grounds or where a court is convening.

2. Refuse to allow a weapon or unlawful material in a judicial branch facility, on judicial branch grounds or where a court is convening.

3. Respond to threats to and emergencies involving a judicial branch employee in a judicial branch facility, on judicial branch grounds or where a court is convening.

4. Receive information from a law enforcement agency regarding threats to a judicial branch facility or judicial branch grounds or to a judicial branch employee.

C. A certified court security officer is not eligible for enrollment in the retirement plans established by title 38, chapter 5, article 4, 4.1, 4.2 or 6 due solely to employment as a certified court security officer.
A.R.S. § 12-671 — Arizona Code / Title 12 / Chapter 6 / Article 8 / Section 671
12-671 Drawing check or draft on no account or insufficient account with intent to defraud; civil action; definition of credit; prima facie evidence
Status: in_force

12-671. Drawing check or draft on no account or insufficient account with intent to defraud; civil action; definition of credit; prima facie evidence

A. A person who, for himself or for another, with intent to defraud, makes, draws, utters or delivers to another person or persons a check or draft on a bank or depositary for payment of money, knowing at the time of such making, drawing, uttering or delivery, that he or his principal does not have an account or does not have sufficient funds in, or credit with, such bank or depositary to meet the check or draft in full upon presentation, shall be liable to the holder of such check or draft for twice the amount of such check or draft or fifty dollars, whichever is greater, together with costs and reasonable attorney's fees as allowed by the court on the basis of time and effort expended by such attorney on behalf of plaintiff.

B. The word "credit" as used in this section shall be construed to be an express agreement with the bank or depositary for payment of the check or draft.

C. Proof that, at the time of presentment, the maker, issuer or drawer did not have sufficient funds with the bank or depositary, and that he failed within twelve days after receiving notice of nonpayment or dishonor to pay the check or draft is prima facie evidence of intent to defraud.

D. Where a check, draft or order is protested, on the ground of insufficiency of funds or credit, the notice of formal protest thereof shall be admissible as proof of presentation, nonpayment and protest and shall be prima facie evidence of the insufficiency of funds or credit with the bank or depositary, or person, or firm or corporation.

E. "Notice", as used in this section, means notice given to the person entitled thereto, either in person, or in writing. Such notice in writing shall be given by certified mail, return receipt requested, to the person at his address as it appears on such check or draft.

F. Nothing in this section shall be applicable to any criminal case or affect eligibility or terms of probation.
A.R.S. § 12-116.07 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.07
12-116.07 Assessments for dangerous crimes against children and sexual offenses
Status: in_force

12-116.07. Assessments for dangerous crimes against children and sexual offenses

A. In addition to any other assessment or restitution, if a person is convicted of a dangerous crime against children as defined in section 13-705 or a violation of section 13-1404, 13-1405, 13-1406 or 13-3212, the court shall order the person to pay an assessment of $500.  The assessment shall not be waived and is not subject to a surcharge.

B. The court shall transmit the monies collected pursuant to this section to the county treasurer for the purpose of defraying the cost of investigations pursuant to section 13-1414.
A.R.S. § 12-1601 — Arizona Code / Title 12 / Chapter 9 / Article 5 / Section 1601
12-1601 Salaries subject to garnishment
Status: in_force

12-1601. Salaries subject to garnishment

The salaries of officers, deputies, clerks and employees of the state or its political subdivisions shall be subject to garnishment as provided in this article, and such garnishment shall not be construed as against public policy.
A.R.S. § 12-2327 — Arizona Code / Title 12 / Chapter 13 / Article 10 / Section 2327
12-2327 Review of privileged document by governmental authority
Status: in_force

12-2327. Review of privileged document by governmental authority

A. If an audit report is obtained, reviewed or used in a criminal proceeding, the privilege prescribed in this article is not waived or eliminated for any other purpose.

B. Notwithstanding the privilege prescribed in this article, a regulatory agency may review information in an audit report that is required to be available under a specific state or federal law, but that review does not waive or eliminate the privilege except for materials prescribed in section 12-2326.

C. If information is required to be available to the public by operation of a specific state or federal law, the governmental authority shall notify the organization claiming the privilege of the potential for public disclosure before obtaining that information pursuant to subsection A or B of this section.

D. If privileged information is disclosed under subsection B or C of this section, on the motion of a party, a court or the appropriate administrative official shall suppress evidence offered in any civil or administrative proceeding that arises or is derived from review, disclosure or use of information obtained under this section if the review, disclosure, or use is not authorized under section 12-2326.  A party that has received information under subsection B or C of this section has the burden of proving that the evidence offered did not arise and was not derived from the review of privileged information.
A.R.S. § 12-907 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 907
12-907 Appearance of parties to the appeal
Status: in_force

12-907. Appearance of parties to the appeal

Within twenty days after service of the notice of appeal, the appellee agency and all other appellees shall file a notice of appearance in response to the notice of appeal.  All subsequent filings shall be made as provided by section 12-914.
A.R.S. § 12-135 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 135
12-135 Alternative dispute resolution fund
Status: in_force

12-135. Alternative dispute resolution fund

A. The alternative dispute resolution fund is established consisting of monies deposited in the fund pursuant to section 12-284.03, subsection A, paragraph 5, section 22-281, subsection C, paragraph 2 and section 41-178.

B. Courts wishing to participate in the alternative dispute resolution program may apply to the supreme court for funding. The supreme court shall administer the fund and may expend monies in the fund for local, regional or statewide projects that establish, maintain, improve or enhance alternative dispute resolution programs.

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

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

E. The supreme court shall use monies that are deposited in the fund pursuant to section 12-284.03, subsection A, paragraph 5 to implement, administer and fund alternative dispute resolution programs for the superior court in the counties that apply for funding.

F. The supreme court shall use monies that are deposited in the fund pursuant to section 22-281, subsection C, paragraph 2 to implement, administer and fund alternative dispute resolution programs for justice courts that apply for funding.

G. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 12-2501 — Arizona Code / Title 12 / Chapter 16 / Article 1 / Section 2501
12-2501 Right to contribution; definition
Status: in_force

12-2501. Right to contribution; definition

A. Except as otherwise provided in this article, if two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.

B. The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.

C. There is no right of contribution in favor of any tortfeasor who the trier of fact finds has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.

D. A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.

E. A liability insurer, which by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This subsection does not limit or impair any right of subrogation arising from any other relationship.

F. This section and sections 12-2502, 12-2503, 12-2504, 12-2508 and 12-2509 do not:

1. Impair any right of indemnity under existing law. If one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from any obligee for any portion of his indemnity obligation.

2. Apply to breaches of trust or of other fiduciary obligation.

3. Create a right of contribution against an employer or other person who has paid or who is liable for workmen's compensation in connection with an injury or death pursuant to title 23, chapter 6, unless the employer or other person is subject to direct suit under section 23-1022. For purposes of determining the amount of pro rata shares under this article, any employer or other person who has paid or who is liable for workmen's compensation shall not be considered unless the employer or other person is subject to direct suit under section 23-1022.

G. As used in this article, "property damage" means both physical damage to tangible property and economic loss proximately caused by a breach of duty.
A.R.S. § 12-546 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 546
12-546 Specific performance of contract to convey realty; four year limitation
Status: in_force

12-546. Specific performance of contract to convey realty; four year limitation

An action for specific performance of a contract for the conveyance of real property shall be commenced within four years after the cause of action accrues, and not afterward.
A.R.S. § 12-2326 — Arizona Code / Title 12 / Chapter 13 / Article 10 / Section 2326
12-2326 Nonprivileged materials
Status: in_force

12-2326. Nonprivileged materials

A. The privilege prescribed in this article does not apply to:

1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under a health or safety law.

2. Information obtained by observation, sampling or monitoring by a regulatory agency.

3. Information obtained from a source not involved in the preparation of the health or safety audit report.

B. This section does not limit the right of an organization to agree to conduct and disclose an audit report.
A.R.S. § 12-1113 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1113
12-1113 Estates in land subject to condemnation
Status: in_force

12-1113. Estates in land subject to condemnation

The interests, estates and rights in lands subject to be taken for public use, are:

1. A fee simple, when taken for public buildings or grounds or for permanent buildings, for use in connection with a right-of-way or for an outlet for the flow or a place for the deposit of tailings or refuse from a mine or for irrigating ditches.  A leasehold interest in a building may be taken only if the underlying property is taken in fee title or easement.

2. An easement when taken for any use other than those set forth in paragraph 1.

3. A right of entry on and occupation of lands, and the right to take from the lands earth, gravel, stone, trees and timber necessary for a public use.

4. A use in the water of a stream, river or spring.
A.R.S. § 12-2404 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2404
12-2404 Application for provisional remedy with notice
Status: in_force

12-2404. Application for provisional remedy with notice

A. A party may at any time after the filing of a civil action make application, under oath, to the court to issue any provisional remedy allowed by law.

B. Such application shall be filed with the judge, justice of the peace or clerk of any superior or justice court and shall set forth the factual and legal basis for each provisional remedy sought.
A.R.S. § 12-1222 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1222
12-1222 Partition of personal property; parties
Status: in_force

12-1222. Partition of personal property; parties

Part owners of personal property may be compelled to make partition between them by an action for partition commenced in the court having jurisdiction of the value of such property in the same manner as other civil actions are commenced. The several owners or claimants of such property shall be summoned as in other actions of partition. The separate value of each article of the personal property shall be ascertained and an allotment in kind made to each owner as he is entitled.
A.R.S. § 12-913 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 913
12-913 Appellate review
Status: in_force

12-913. Appellate review

The final decision, order, judgment or decree of the superior court entered in an action to review a decision of an administrative agency may be appealed to the supreme court.
A.R.S. § 12-1598.15 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.15
12-1598.15 Taxing costs
Status: in_force

12-1598.15. Taxing costs

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

B. If there is no written objection to the answer of the garnishee and the garnishee is held on the garnishee's answer, the attorney fees that are allowed by section 12-1598.03, paragraph 3 and costs as provided in subsection A of this section shall be taxed against the judgment debtor.

C. If the answer or nonexempt earnings statement is objected to in writing the attorney fees and costs shall abide the issue.

D. If no objection is filed to the answer of the garnishee, the costs provided in subsections A and B of this section shall not exceed $50 excluding costs of service and the cost of issuance of the writ.

E. While a continuing lien is in effect the garnishee may deduct from the nonexempt earnings of the judgment debtor the amount of $5 each pay period as a fee for preparing and delivering the nonexempt earnings statement. If there were not sufficient nonexempt earnings to collect this fee, and an amount arising from this fee remains owing when the writ becomes invalid or is released, the amount is chargeable against the judgment creditor and not the judgment debtor.
A.R.S. § 12-2203 — Arizona Code / Title 12 / Chapter 13 / Article 1 / Section 2203
12-2203 Admissibility of expert opinion testimony
Status: in_force

12-2203. Admissibility of expert opinion testimony

A. In a civil or criminal action, only a qualified witness may offer expert opinion testimony regarding scientific, technical or other specialized knowledge and the testimony is admissible if the court determines that all of the following apply:

1. The witness is qualified to offer an opinion as an expert on the subject matter based on knowledge, skill, experience, training or education.

2. The opinion will assist the trier of fact in understanding the evidence or determining a fact in issue.

3. The opinion is based on sufficient facts and data.

4. The opinion is the product of reliable principles and methods.

5. The witness reliably applies the principles and methods to the facts of the case.

B. The court shall consider the following factors, if applicable, in determining whether the expert testimony is admissible pursuant to subsection A:

1. Whether the expert opinion and its basis have been or can be tested.

2. Whether the expert opinion and its basis have been subjected to peer reviewed publications.

3. The known or potential rate of error of the expert opinion and its basis.

4. The degree to which the expert opinion and its basis are generally accepted in the scientific community.
A.R.S. § 12-1281 — Arizona Code / Title 12 / Chapter 8 / Article 11 / Section 1281
12-1281 Parties entitled to redeem property
Status: in_force

12-1281. Parties entitled to redeem property

Property sold subject to redemption, or any part sold separately, may be redeemed by the following persons or their successors in interest:

1. The judgment debtor or his successor in interest in the whole or any part of the property.

2. A creditor having a lien by judgment or mortgage on the property sold, or on some share or part thereof, subsequent to that on which the property was sold.
A.R.S. § 12-631 — Arizona Code / Title 12 / Chapter 6 / Article 4 / Section 631
12-631 Definitions
Status: in_force

12-631. Definitions

In this article, unless the context otherwise requires:

1. "Buyer" means a person who buys or hires a motor vehicle under a retail installment contract.

2. "Direct loan agreement" means an agreement between a lender and a purchaser by which the lender has advanced monies pursuant to a loan secured by a motor vehicle which the purchaser has purchased.

3. "Lease contract" means a contract for or in contemplation of the lease for the use of a motor vehicle, and the purchase of services incidental to the lease, by a natural person for a term exceeding four months primarily for personal, family, household, business or commercial purposes, whether or not it is agreed that the lessee bears the risk of the motor vehicle's depreciation.

4. "Lessee" includes a bailee and means a natural person who leases, offers to lease or is offered the lease of a motor vehicle under a lease contract.

5. "Lessor" includes a bailor and means a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract.

6. "Motor vehicle" means a motor vehicle which is required to be registered under title 28, chapter 7.

7. "Purchaser" has the same meaning prescribed in section 47-1201.

8. "Retail installment contract" has the same meaning prescribed in section 44-281 and includes the sale of a motor vehicle between a buyer and a seller primarily for business or commercial purposes.

9. "Secured party" has the same meaning prescribed in section 47-9102.

10. "Security agreement" has the same meaning prescribed in section 47-9102.

11. "Security interest" has the same meaning prescribed in section 47-1201.

12. "Seller" means a person engaged in the business of selling or leasing motor vehicles under a retail installment contract.
A.R.S. § 12-1311 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1311
12-1311 Failure to deliver property; election by prevailing party
Status: in_force

12-1311. Failure to deliver property; election by prevailing party

If the party adjudged to return the property fails so to do at the time and place adjudged, unless by the election he is allowed to retain it, then the party in default shall be adjudged in contempt of the court and shall continue in contempt until he delivers the property as adjudged if the property is in his possession or under his control. The party entitled to the property may at his option abandon the property and collect the assessed value thereof.
A.R.S. § 12-602 — Arizona Code / Title 12 / Chapter 6 / Article 1 / Section 602
12-602 Notice of application; effect of change on rights and obligations
Status: in_force

12-602. Notice of application; effect of change on rights and obligations

A. If upon the filing of the application for change of name the court deems it proper that notice be given, it may order that notice of the application be given by publication or by service upon any party interested.

B. The change of name shall not operate to release the person from any obligations which he has incurred or is under by the original name, or defeat or destroy any rights of property or action which he had in his original name.
A.R.S. § 12-1867 — Arizona Code / Title 12 / Chapter 10 / Article 3 / Section 1867
12-1867 Opinion of supreme court
Status: in_force

12-1867. Opinion of supreme court

The written opinion of the supreme court stating the law governing the questions certified shall be sent by the clerk under the seal of the supreme court to the certifying court and to the parties.
A.R.S. § 12-1503 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1503
12-1503 Appointment of arbitrators by court
Status: in_force

12-1503. Appointment of arbitrators by court

If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
A.R.S. § 12-1171 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1171
12-1171 Acts which constitute forcible entry or detainer
Status: in_force

12-1171. Acts which constitute forcible entry or detainer

A person is guilty of forcible entry and detainer, or of forcible detainer, as the case may be, if he:

1. Makes an entry into any lands, tenements or other real property, except in cases where entry is given by law.

2. Makes such an entry by force.

3. Wilfully and without force holds over any lands, tenements or other real property after termination of the time for which such lands, tenements or other real property were let to him or to the person under whom he claims, after demand made in writing for the possession thereof by the person entitled to such possession.
A.R.S. § 12-3151 — Arizona Code / Title 12 / Chapter 23 / Article 1 / Section 3151
12-3151 Nominations; commissions on trial and appellate court appointments; voting records
Status: in_force

12-3151. Nominations; commissions on trial and appellate court appointments; voting records

A. If the commission on appellate court appointments is required to fill a vacancy in the office of a justice or judge of the supreme court or an intermediate appellate court of record pursuant to article 6, section 37, Constitution of Arizona, the commission shall submit to the governor the names of at least five persons nominated by it to fill the vacancy, except that on a two-thirds vote, the commission may reject an applicant and submit fewer than five names. If the commission submits five or more nominees, not more than sixty per cent of the nominees shall be from the same political party.  If the commission submits fewer than five nominees, no more than two nominees may be from the same political party.

B. If the commission on trial court appointments is required to fill a vacancy in the office of a judge of the superior court or a judge of a court of record inferior to the superior court except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons pursuant to article 6, section 37, Constitution of Arizona, the commission shall submit to the governor the names of at least five persons nominated by it to fill the vacancy, except that on a two-thirds vote, the commission may reject an applicant and submit fewer than five names.  If the commission submits five or more nominees, not more than sixty per cent of the nominees shall be from the same political party.  If the commission submits fewer than five nominees, no more than two nominees may be from the same political party.

C. The voting records of all members of the commission on appellate court appointments and the commission on trial court appointments shall be recorded in the minutes and made public.  A voting record shall include how each individual commissioner voted.
A.R.S. § 12-2297 — Arizona Code / Title 12 / Chapter 13 / Article 7.1 / Section 2297
12-2297 Retention of records
Status: in_force

12-2297. Retention of records

A. Unless otherwise required by statute or by federal law, a health care provider shall retain the original or copies of a patient's medical records as follows:

1. If the patient is an adult, for at least six years after the last date the adult patient received medical or health care services from that provider.

2. If the patient is a child, either for at least three years after the child's eighteenth birthday or for at least six years after the last date the child received medical or health care services from that provider, whichever date occurs later.

3. Source data may be maintained separately from the medical record and must be retained for six years from the date of collection of the source data.

B. When a health care provider retires or sells the provider's practice the provider shall take reasonable measures to ensure that the provider's records are retained pursuant to this section.

C. A person who is licensed pursuant to title 32 as an employee of a health care provider is not responsible for storing or retaining medical records but shall compile and record the records in the customary manner.

D. A nursing care institution as defined in section 36-401 shall retain patient records for six years after the date of the patient's discharge.  For a minor, the nursing care institution shall retain the records for three years after the patient reaches eighteen years of age or for six years after the date of the patient's discharge, whichever date occurs last.
A.R.S. § 12-123 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 123
12-123 Jurisdiction and powers
Status: in_force

12-123. Jurisdiction and powers

A. The superior court shall have original and concurrent jurisdiction as conferred by the constitution, and concurrent jurisdiction with justices of the peace of misdemeanors where the penalty does not exceed a fine of two thousand five hundred dollars or imprisonment for six months.

B. The court, and the judges thereof, shall have all powers and may issue all writs necessary to the complete exercise of its jurisdiction.
A.R.S. § 12-3015 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3015
12-3015 Arbitration process
Status: in_force

12-3015. Arbitration process

A. An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding.  The authority conferred on the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, to determine the admissibility, relevance, materiality and weight of any evidence.

B. An arbitrator may decide a request for summary disposition of a claim or particular issue either:

1. If all interested parties agree.

2. On request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.

C. If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing at least five days before the hearing begins.  Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection.  On request of a party to the arbitration proceeding and for good cause shown, or on the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy on the evidence produced although a party who was duly notified of the arbitration proceeding did not appear.  The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.

D. At a hearing under subsection C of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

E. If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with section 12-3011 to continue the proceeding and to resolve the controversy.
A.R.S. § 12-653.04 — Arizona Code / Title 12 / Chapter 6 / Article 6.1 / Section 653.04
12-653.04 Publication or broadcast of correction prior to demand
Status: in_force

12-653.04. Publication or broadcast of correction prior to demand

A correction published or broadcast in substantially as conspicuous a manner in the newspaper or magazine, or on the radio or television broadcasting station, as the statements claimed in the complaint to be libelous, prior to receipt of a demand therefor, shall be of the same force and effect as though the correction had been published or broadcast within three weeks after a demand therefor.
A.R.S. § 12-299.04 — Arizona Code / Title 12 / Chapter 2 / Article 11 / Section 299.04
12-299.04 Budget requests
Status: in_force

12-299.04. Budget requests

The presiding judge of the superior court shall annually submit a proposed budget for the following fiscal year for the community punishment program to the supreme court. The supreme court shall review and analyze each county budget and include the requests in its annual budget request along with costs necessary for the supreme court to administer the program.
A.R.S. § 12-1179 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1179
12-1179 Appeal to superior court; notice; bond
Status: in_force

12-1179. Appeal to superior court; notice; bond

A. Either party may appeal from a justice court to the superior court in the county in which the judgment is given by giving notice as in other civil actions within five calendar days after rendition of the judgment pursuant to this section. The appeal shall be filed in accordance with this section, and the time to appeal shall not be extended or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion.

B. A party seeking to appeal a judgment shall file with the notice of appeal a bond for costs on appeal.  The justice of the peace shall set the bond in an amount sufficient to cover the costs on appeal. The bond shall be payable to the clerk of the justice court. If a party is unable to file a bond for costs on appeal, the party shall file with the justice court a notice of appeal along with an affidavit stating that the party is unable to give bond for costs on appeal and the reasons therefor. Within five court days after the filing of the affidavit, any other party may file, in the justice court, objections to the affidavit. The justice of the peace shall hold a hearing on the affidavit and objections within five court days thereafter. If the justice court sustains the objections, the appellant shall file, within five court days thereafter, a bond for costs on appeal as provided for in this section or in such lesser amount as ordered by the justice court.

C. A party seeking to appeal a judgment may stay the execution of either the judgment for possession or any judgment for money damages by filing a supersedeas bond. The justice court shall hold a hearing on the motion within five court days after the parties advise the justice court of their failure to stipulate on the amount of the bond. The stay is effective when the supersedeas bond or bonds are filed.

D. The party seeking to stay the execution of the judgment for possession shall file a supersedeas bond in the amount of rent accruing from the date of the judgment until the next periodic rental date, together with costs and  attorney fees, if any. The tenant shall pay to the clerk of the justice court, on or before each periodic rental due date during the pendency of the appeal, the amount of rent due under the terms of the lease or rental agreement. Such amounts shall be made payable by the justice court to the owner, landlord or agent as they accrue to satisfy the amount of periodic rent due under the lease or rental agreement. In all cases where the rent due under the terms of the lease or rental agreement is paid through the justice court as set forth in this subsection, the order of the court may include a one-time handling fee in the amount of ten dollars to be paid by the party seeking to stay the execution of the judgment for possession. In no event shall the amounts paid per month exceed the amount of monthly rent charged by the owner for the premises.  If the tenant raises habitability as provided for in sections 33-1324 and 33-1364 as an affirmative defense to the nonpayment of rent or the tenant has filed a counterclaim asserting a habitability issue, the justice court shall retain all money paid under this subsection pending a final judgment.

E. If during the pendency of the appeal the party seeking to stay the execution of the judgment for possession fails to pay the rent on the periodic rental due date, the party in whose favor a judgment for possession was issued may move the justice court to lift the stay of the execution of the judgment for possession. The justice court shall hear the motion to lift the stay of the execution of the judgment for possession and release accrued monies, if any, within five court days from the failure of the party to pay the periodic rent due under the terms of the lease or rental agreement. If the judgment appealed from involves a finding of a material and irreparable breach pursuant to section 33-1368 or section 33-1476, subsection D, paragraph 3 the justice court shall treat it as an emergency matter and conduct a hearing on a motion to lift the stay of execution of the writ of restitution within three days. If the third day is a Saturday, Sunday or other legal holiday, the hearing shall be held on the next day thereafter.

F. The party seeking to stay the execution of the judgment for money damages shall file a supersedeas bond in the amount of the judgment, together with costs and  attorney fees, if any. The amount of the bond shall be fixed by the court and payable to the clerk of the justice court.
A.R.S. § 12-2291 — Arizona Code / Title 12 / Chapter 13 / Article 7.1 / Section 2291
12-2291 Definitions
Status: in_force

12-2291. Definitions

In this article, unless the context otherwise requires:

1. "Clinical laboratory" has the same meaning prescribed in section 36-451.

2. "Contractor" means an agency or service that duplicates medical records on behalf of health care providers.

3. "Department" means the department of health services.

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

5. "Health care provider" means:

(a) A person who is licensed pursuant to title 32 and who maintains medical records.

(b) A health care institution as defined in section 36-401.

(c) An ambulance service as defined in section 36-2201.

(d) A health care services organization licensed pursuant to title 20, chapter 4, article 9.

6. "Medical records" means all communications related to a patient's physical or mental health or condition that are recorded in any form or medium and that are maintained for purposes of patient diagnosis or treatment, including medical records that are prepared by a health care provider or by other providers. Medical records do not include materials that are prepared in connection with utilization review, peer review or quality assurance activities, including records that a health care provider prepares pursuant to section 36-441, 36-445, 36-2402 or 36-2917. Medical records do not include recorded telephone and radio calls to and from a publicly operated emergency dispatch office relating to requests for emergency services or reports of suspected criminal activity, but include communications that are recorded in any form or medium between emergency medical personnel and medical personnel concerning the diagnosis or treatment of a person.

7. "Payment records" means all communications related to payment for a patient's health care that contain individually identifiable information.

8. "Source data" means information that is summarized, interpreted or reported in the medical record, including x-rays and other diagnostic images.
A.R.S. § 12-1224 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1224
12-1224 Proceedings not exclusive; rules of procedure
Status: in_force

12-1224. Proceedings not exclusive; rules of procedure

A. The provisions of this article shall not preclude partition in any other manner authorized by law.

B. The rules of pleading and procedure which govern other civil actions shall govern actions for partition when not in conflict with the proceedings provided by this article.
A.R.S. § 12-223 — Arizona Code / Title 12 / Chapter 2 / Article 3 / Section 223
12-223 Attendance at and report of proceedings; sale of transcripts
Status: in_force

12-223. Attendance at and report of proceedings; sale of transcripts

A. The court reporter shall attend court during the hearing of all matters before it unless excused by the judge. He shall make stenographic notes of all oral proceedings before the court, but unless requested by court or counsel, he need not make stenographic notes of arguments of counsel to a jury, nor of argument of counsel to the court in the absence of a jury.

B. Upon payment or tender of the fees therefor, he shall furnish to any person a typewritten transcript of all or any part of the proceedings reported by him, and upon request, certify that such transcript is a correct and complete statement of such proceedings.
A.R.S. § 12-1530 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1530
12-1530 Levy of writ; attachment of real or personal property
Status: in_force

12-1530. Levy of writ; attachment of real or personal property

A. The writ of attachment shall be levied in the same manner as a writ of execution.

B. When real property is attached the officer shall also serve a copy of the writ upon the defendant whose property is attached as a summons is served in a civil action, and make return thereof. If the officer is unable to serve the writ upon defendant, he shall post the writ in a conspicuous place upon the property and so make his return.

C. When personal property is attached the property shall remain in the custody of the officer until final judgment, unless taken from his custody as provided by law.

D. In the execution of a writ, the officer may enter on the lands, and into the residence or other building owned, occupied or controlled by the defendant.
A.R.S. § 12-3301 — Arizona Code / Title 12 / Chapter 26 / Article 1 / Section 3301
12-3301 Private process servers; background investigation; fees
Status: in_force

12-3301. Private process servers; background investigation; fees

A. Private process servers who are duly appointed or certified pursuant to rules established by the supreme court may serve all process, writs, orders, pleadings or papers that are required or permitted by law to be served before, during or independently of a court action, including all such as are required or permitted to be served by a sheriff or constable pursuant to section 11-441, subsection A, paragraphs 6 and 7, section 11-447 and section 11-448, except writs or orders requiring the service officer to sell, deliver or take into the officer's custody persons or property, or as may otherwise be limited by supreme court rule. A private process server is an officer of the court.

B. As a condition of certification, the supreme court shall require each private process server applicant to furnish a full set of fingerprints to enable a criminal background investigation to be conducted to determine the suitability of the applicant. The completed applicant fingerprint card shall be submitted with the fee prescribed in section 41-1750 to the department of public safety.  The applicant shall bear the cost of obtaining the applicant's criminal history record information.  The cost may not exceed the actual cost of obtaining the applicant's criminal history record information.  Applicant criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange the submitted applicant fingerprint card information with the federal bureau of investigation for a federal criminal records check.

C. A private process server may charge such fees for services as may be agreed on between the process server and the party engaging the process server.
A.R.S. § 12-2202 — Arizona Code / Title 12 / Chapter 13 / Article 1 / Section 2202
12-2202 Persons who may not be witnesses
Status: in_force

12-2202. Persons who may not be witnesses

The following shall not be witnesses in a civil action:

1. Persons who are of unsound mind at the time they are called to testify.

2. Children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are to testify, or of relating them truly.
A.R.S. § 12-2602 — Arizona Code / Title 12 / Chapter 17 / Article 1 / Section 2602
12-2602 Preliminary expert opinion testimony; certification
Status: in_force

12-2602. Preliminary expert opinion testimony; certification

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

B. If the claimant or the claimant's attorney certifies pursuant to subsection A 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. The claimant may provide affidavits from as many experts as the claimant 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 licensed professional's standard of care or liability for the claim.

2. The factual basis for each claim against a licensed professional.

3. The licensed 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 licensed 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 licensed professional against whom the claim is asserted.

D. If the claimant or the claimant's attorney certifies that expert testimony is not required for its claim and the licensed professional who is defending the claim disputes that certification in good faith, the licensed professional may apply by motion to the court for an order requiring the claimant to obtain and serve a preliminary expert opinion affidavit under this section. In its motion, the licensed professional 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 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 licensed professional, shall dismiss the claim against the licensed professional without prejudice if the claimant fails to file and serve a preliminary expert opinion affidavit after the claimant or the claimant's attorney has certified that an affidavit is necessary or the court has ordered the claimant to file and serve an affidavit.

G. A claimant 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. An action under this chapter does not preclude a party from using a preliminary expert opinion affidavit for any purpose, including impeachment.
A.R.S. § 12-501 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 501
12-501 Effect of absence from state
Status: in_force

12-501. Effect of absence from state

When a person against whom there is a cause of action is without the state at the time the cause of action accrues or at any time during which the action might have been maintained, such action may be brought against the person after his return to the state. The time of such person's absence shall not be counted or taken as a part of the time limited by the provisions of this chapter.
A.R.S. § 12-1219 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1219
12-1219 Objection to commissioner's report; hearing
Status: in_force

12-1219. Objection to commissioner's report; hearing

Any party may file objections to any report of the commissioners in partition, and a hearing of the objections shall be had as in other cases. If the report is found erroneous in a material respect, or unequal and unjust, it shall be rejected and other commissioners shall be appointed by the court and the same proceedings had as in the first instance.
A.R.S. § 12-995 — Arizona Code / Title 12 / Chapter 7 / Article 12 / Section 995
12-995 Recording notice of action; subsequent acquisition of property
Status: in_force

12-995. Recording notice of action; subsequent acquisition of property

A. The plaintiff in an action brought pursuant to section  12-991 shall file a notice of the abatement action in the office of the recorder of the county in which the property that is the subject of the action is located. The notice shall state the following:

1. The name of the parties.

2. A legal description of the property.

3. The superior court case number of the action.

B. The recorder shall file, record and index the notice under the names of the parties to the action.

C. After the notice of abatement is recorded, both of the following apply:

1. A person who acquires the property that is the subject of the action is deemed to have notice of the action.

2. Any sale or other transfer of the property that is the subject of the action does not terminate the action.  The action continues against subsequent owners, and the owners are bound by the terms and conditions of any order issued by the court in the abatement action.

D. The sale or other transfer to a third party of the property that is the subject of the action does not render moot an action or proceeding that is brought pursuant to this article.
A.R.S. § 12-1252 — Arizona Code / Title 12 / Chapter 8 / Article 9 / Section 1252
12-1252 Title of plaintiff; joint owners; proof
Status: in_force

12-1252. Title of plaintiff; joint owners; proof

A. The plaintiff must recover on the strength of his own title.

B. In an action by a tenant in common or joint tenant against his cotenant, plaintiff shall show, in addition to his evidence of right, that the defendant either denied plaintiff's right or did some act amounting to such denial.
A.R.S. § 12-1312 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1312
12-1312 Vesting of title to property
Status: in_force

12-1312. Vesting of title to property

When the party elects to take the money judgment, the title, by reason of the election, shall at once vest in the other party to the extent of the interest, claim and title of the party electing to take the money judgment.
A.R.S. § 12-653.02 — Arizona Code / Title 12 / Chapter 6 / Article 6.1 / Section 653.02
12-653.02 Failure to demand or publish or broadcast correction; publication with actual malice; damages; service of demand
Status: in_force

12-653.02. Failure to demand or publish or broadcast correction; publication with actual malice; damages; service of demand

In an action for damages for the publication of a libel in a newspaper or magazine, or of a slander by radio or television broadcast, the plaintiff shall recover no more than special damages unless a correction is demanded and not published or broadcast, unless the plaintiff shall prove the publication or broadcast was made with actual malice. The plaintiff shall serve upon the publisher at the place of publication, or broadcaster at the place of broadcast, a written notice specifying the statements claimed to be libelous and demanding that the same be corrected. The notice and demand shall be served within twenty days after actual knowledge of the plaintiff of the publication or broadcast of the statements claimed to be libelous.
A.R.S. § 12-1183 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1183
12-1183 Proceedings no bar to certain actions
Status: in_force

12-1183. Proceedings no bar to certain actions

The proceedings under a forcible entry or forcible detainer shall not bar an action for trespass, damages, waste, rent or mesne profits.
A.R.S. § 12-2212 — Arizona Code / Title 12 / Chapter 13 / Article 2 / Section 2212
12-2212 Subpoena by public officer; contempt
Status: in_force

12-2212. Subpoena by public officer; contempt

A. When a public officer is authorized by law to take evidence, he may issue subpoenas, compel attendance of witnesses and production of documentary evidence, administer oaths to witnesses, and cause depositions to be taken, in like manner as in civil actions in the superior court.

B. If a witness fails to appear at the time and place designated in the subpoena, or fails to answer questions relating to the matter about which the officer is authorized to take testimony, or fails to produce a document, the officer may, by affidavit setting forth the facts, apply to the superior court of the county where the hearing is held, and the court shall thereupon proceed as though such failure had occurred in an action pending before it.
A.R.S. § 12-402 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 402
12-402 Venue of actions commenced after organization of new county
Status: in_force

12-402. Venue of actions commenced after organization of new county

All actions and proceedings, civil and criminal, commenced after the organization of a new county or a county with changed boundaries, shall be begun and proceeded with therein if it would have been the proper county in which to institute the action or proceeding had it been organized before the cause for the proceedings arose.
A.R.S. § 12-807 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 807
12-807 Application of proceeds of sale; sale of building to make up deficiency
Status: in_force

12-807. Application of proceeds of sale; sale of building to make up deficiency

A. The proceeds of sale of the property shall be applied in the following order:

1. To the fees and costs of the removal and sale.

2. To the allowances and costs of closing and keeping the building or place closed.

3. To the payment of plaintiff's costs in the action.

4. The balance, if any, shall be paid to the owner of the property sold.

B. If the proceeds of the sale do not fully discharge all the costs, fees and allowances, the building and place shall then also be sold under execution issued upon order of the court or judge and the proceeds of the sale applied in like manner.
A.R.S. § 12-902 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 902
12-902 Scope of article
Status: in_force

12-902. Scope of article

A. This article applies to and governs:

1. Every action to judicially review a final decision of an administrative agency except public welfare decisions pursuant to title 46, or if the act creating or conferring power on an agency or a separate act provides for judicial review of the agency decisions and prescribes a definite procedure for the review.

2. An action to review the decision at an administrative hearing as otherwise provided by statute.

B. Unless review is sought of an administrative decision within the time and in the manner provided in this article, the parties to the proceeding before the administrative agency shall be barred from obtaining judicial review of the decision.  If under the terms of the law governing procedure before an agency an administrative decision becomes final because of failure to file any document in the nature of an objection, protest, petition for hearing or application for administrative review within the time allowed by the law, the decision is not subject to judicial review under the provisions of this article except for the purpose of questioning the jurisdiction of the administrative agency over the person or subject matter.
A.R.S. § 12-2508 — Arizona Code / Title 12 / Chapter 16 / Article 1 / Section 2508
12-2508 Redetermination of contribution shares
Status: in_force

12-2508. Redetermination of contribution shares

On motion made not later than one year after a judgment imposing joint and several liability and determining contribution rights is entered, the court shall determine whether all or part of a tortfeasor's contribution share under section 12-2502 is uncollectible from that tortfeasor. If a contribution share is totally or partially uncollectible, the court shall redetermine the contribution shares of the other tortfeasors so that the uncollectible contribution amount is paid, based on the ratio of the percentages of the contribution shares of the other tortfeasors. The court's order redetermining the contribution shares shall include a judgment for the uncollectible amount against the tortfeasor whose share is totally or partially uncollectible and in favor of the other tortfeasors.
A.R.S. § 12-1598.11 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.11
12-1598.11 Continuing lien procedure; nonexempt earnings statement
Status: in_force

12-1598.11. Continuing lien procedure; nonexempt earnings statement

A. An order of continuing lien on nonexempt earnings entered pursuant to this article requires the garnishee to continue to withhold the nonexempt earnings of the judgment debtor for as long as the continuing lien remains in effect.

B. Beginning with the pay period during which the writ was served, and while the continuing lien remains in effect, for each pay period the garnishee shall do the following:

1. Complete the nonexempt earnings statement.

2. Deliver the nonexempt earnings statement to the judgment debtor with his exempt earnings for that pay period.

3. At the same time deliver a copy of the nonexempt earnings statement to the judgment creditor or his attorney.

C. After the entry of an order of continuing lien pursuant to section 12-1598.10, and for each pay period thereafter, the garnishee shall deliver the nonexempt earnings to the judgment creditor or his attorney, together with the nonexempt earnings statement.

D. Neither the original nor a copy of the nonexempt earnings statement shall be filed with the court unless an objection to the amount withheld, if any, is timely filed by a party.

E. The judgment creditor shall deliver to the garnishee sufficient copies of the appropriate nonexempt earnings statement and request for hearing forms so that the garnishee is able to comply with the requirements of this section, unless the judgment creditor is advised that the garnishee will supply his own forms.
A.R.S. § 12-908 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 908
12-908 Parties
Status: in_force

12-908. Parties

A. In an action to review a final decision of an administrative agency, the agency and all persons, other than the appellant, who are parties of record in the proceedings may appear in the proceedings before the superior court as appellees.

B. If the administrative hearing is held before the office of administrative hearings, the office of administrative hearings is not a party of record in the proceedings and is not to be named as a party in the notice of appeal or to appear as a party in the appellate proceedings before the court unless otherwise required by law or order of the court. For the purposes of this section, the office of administrative hearings includes the director of the office of administrative hearings and the administrative law judge.
A.R.S. § 12-820.09 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820.09
12-820.09 Transportation, distribution or use of remediated water; definitions
Status: in_force

12-820.09. Transportation, distribution or use of remediated water; definitions

A. For a personal injury or property damage action that arises out of the transportation, distribution or use of remediated water, remediated water is deemed reasonably safe and fit for consumption and use and the provider or user is deemed to have acted reasonably if any of the following applies:

1. The remediated water complies with applicable state or federal standards.

2. The remediation has been conducted pursuant to an approved remedial action plan under the water quality assurance revolving fund program established pursuant to title 49, chapter 2, article 5.

3. The remediation has been conducted pursuant to an approved consent decree under the comprehensive environmental response, compensation, and liability act of 1980, as amended (P.L. 96-510; 94 Stat. 2767; 42 United States Code sections 9601 through 9657).

B. For purposes of this section:

1. "Provider" means an owner or operator of a constructed water conveyance system that conveys water for industrial, municipal, agricultural or irrigation purposes.

2. "User" means an entity that accepts remediated water and uses that water for industrial, municipal, agricultural or irrigation purposes.
A.R.S. § 12-1598.04 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.04
12-1598.04 Issuance of writ of garnishment for earnings; service and return of writ; lien on nonexempt earnings
Status: in_force

12-1598.04. Issuance of writ of garnishment for earnings; service and return of writ; lien on nonexempt earnings

A. If a party in an action has been awarded a money judgment and has submitted the application provided for in section 12-1598.03, the clerk, justice of the peace or city or town magistrate shall immediately issue a writ and summons of garnishment directed to the sheriff, the constable or any officer authorized by law to serve process in the county where the garnishee is alleged to be which commands him to immediately summon the garnishee to appear before the court out of which the writ issued within the time specified in the writ to answer the writ.

B. The writ shall state:

1. The amount of the outstanding balance due on the judgment, including accrued interest, attorney fees and allowable costs, as of the date of the issuance of the writ, and the rate at which interest accrues on that judgment.

2. The name and address of the garnishee or his authorized agent.

3. The name and address of the judgment creditor and his attorney, if applicable.

4. The last mailing address of the judgment debtor known to the judgment creditor.

C. The judgment creditor, in the manner required for a summons by rules of the court in civil matters, shall serve on the garnishee two copies of the writ of garnishment and summons, a copy of the underlying judgment, four copies of the answer form, two copies of the notice to judgment debtor and request for hearing form, two copies of the instructions to garnishee and four copies of the nonexempt earnings statement provided for in section 12-1598.16.

D. The judgment creditor shall deliver to the judgment debtor a copy of the writ and the initial notice to judgment debtor and request for hearing form within three days, not including weekends and holidays, after service of the summons and writ of garnishment on the garnishee. The judgment creditor shall certify in writing to the court the date and manner of delivery.

E. The caption of pleadings in connection with a writ of garnishment shall identify which party is the judgment creditor, using that term, and which party is the judgment debtor, using that term, in addition to other party designations already in the caption.
A.R.S. § 12-1112 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1112
12-1112 Prerequisites to taking property by condemnation
Status: in_force

12-1112. Prerequisites to taking property by condemnation

Except as provided by section 28-7102, before property may be taken, it shall appear that:

1. The use to which the property is to be applied is a use authorized by law.

2. The taking is necessary to such use.

3. If the property is already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.
A.R.S. § 12-284.03 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 284.03
12-284.03 Distribution of fees
Status: in_force

12-284.03. Distribution of fees

A. Excluding the monies that are kept by the court pursuant to subsection B of this section, the county treasurer shall transmit, distribute or deposit all monies received from the clerk of the superior court pursuant to section 12-284, subsection K as follows:

1. 1.20 percent to the state treasurer for deposit in the resource center fund established by and for the purposes of section 41-2402, subsection G.

2. 8.18 percent to the state treasurer for deposit in the domestic violence services fund established by section 36-3002.

3. 1.78 percent to the state treasurer for deposit in the child abuse prevention fund established by section 8-550.01.

4. In the county law library fund established by section 12-305, either:

(a) 7.02 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

5. 0.32 percent to the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135.

6. To the elected officials' retirement plan fund established by section 38-802, either of the following percentages, which shall be distributed to the fund pursuant to section 38-810:

(a) 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

7. 17.62 percent to the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113.

8. 0.24 percent to the state treasurer for deposit in the confidential intermediary and fiduciary fund established by section 8-135.

9. In the county general fund, the following percentages:

(a) 28.81 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 29.56 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

10. 6.00 percent to the elected officials' retirement plan fund established by section 38-802 for the purpose of funding a portion of the employers' contributions required pursuant to section 38-810.

B. 6.92 percent of the monies transmitted, distributed or deposited pursuant to subsection A of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12-116, subsection B.
A.R.S. § 12-1831 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1831
12-1831 Scope
Status: in_force

12-1831. Scope

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
A.R.S. § 12-526 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 526
12-526 Real property in adverse possession and use by possessor; ten year limitation; limit of area; fixing of boundaries under duly recorded memorandum of title
Status: in_force

12-526. Real property in adverse possession and use by possessor; ten year limitation; limit of area; fixing of boundaries under duly recorded memorandum of title

A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceable and adverse possession thereof, cultivating, using and enjoying such property, shall commence an action therefor within ten years after the cause of action accrues, and not afterward.

B. The peaceable and adverse possession referred to in subsection A shall not embrace more than one hundred and sixty acres, including the improvements or the number of acres actually enclosed if less than one hundred and sixty acres is so enclosed, but when such adverse possession is taken and held under some written memorandum of title other than a deed which fixes the boundaries of the possessor's claim and is duly recorded, such possession shall be construed to be coextensive with the boundaries specified in such instrument.
A.R.S. § 12-1332 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1332
12-1332 Conditions of bond
Status: in_force

12-1332. Conditions of bond

The bond shall be conditioned that if the person making the claim fails to establish his right to the property, he will return it to the officer in as good condition as he received it and will pay the reasonable value of the use, hire, increase and profits thereof from the date of the bond, or, if he fails so to return the property and pay for its use, he will pay the plaintiff in the writ the value of the property with legal interest thereon from the date of the bond and will also pay all damages and costs that are awarded against him.
A.R.S. § 12-202.01 — Arizona Code / Title 12 / Chapter 2 / Article 1 / Section 202.01
12-202.01 Preservation and destruction of records
Status: in_force

12-202.01. Preservation and destruction of records

A. The clerk of the supreme court 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 supreme court, or otherwise filed or deposited in the clerk's custody pursuant to rules adopted by the supreme court.

B. 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.

C. 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.