A.R.S. § 12-133 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 133
12-133 Arbitration of claims; agreement of reference; arbitration award; powers of arbitrators; compensation of arbitrators; appeals; deposits; costs
Status: in_force

12-133. Arbitration of claims; agreement of reference; arbitration award; powers of arbitrators; compensation of arbitrators; appeals; deposits; costs

A. The superior court, by rule of court, shall do both of the following:

1. Establish jurisdictional limits of not to exceed sixty-five thousand dollars for submission of disputes to arbitration.

2. Require arbitration in all cases which are filed in superior court in which the court finds or the parties agree that the amount in controversy does not exceed the jurisdictional limit.

B. The court may waive the arbitration requirement on a showing of good cause if all parties file a written stipulation waiving the arbitration requirement.

C. The court shall maintain a list of qualified persons within its jurisdiction who have agreed to serve as arbitrators, subject to the right of each person to refuse to serve in a particular assigned case and subject further to the right of any party to show good cause why an appointed arbitrator should not serve in a particular assigned case.  The court rules shall provide that the case subject to arbitration shall be assigned for hearing to a panel of three arbitrators, or in the alternative, to a single arbitrator, each of whom shall be selected by the court.

D. Regardless of whether or not suit has been filed, any case may be referred to arbitration by an agreement of reference signed by the parties or their respective counsel for both sides in the case. The agreement of reference shall define the issues involved for determination in the arbitration proceeding and may also contain stipulations with respect to agreed facts, issues or defenses.  In such cases, the agreement of reference shall take the place of the pleadings in the case and shall be filed of record.

E. The arbitration award shall be in writing, signed by a majority of the arbitrators and filed with the court.  The court shall enter the award in its record of judgments.  The award has the effect of a judgment on the parties unless reversed on appeal.

F. The arbitrators shall administer oaths or affirmations and conduct the hearings pursuant to court rule.  The clerk of the superior court shall issue subpoenas, which are enforceable as provided by law.

G. Each arbitrator shall be paid a reasonable sum, not to exceed one hundred forty dollars per day, to be specified by the rules of the appointing court, for each day necessarily expended by the arbitrator in the hearing and determination of the case.  The compensation of the arbitrators shall be paid by the county, in which the court has jurisdiction, from its general revenues and shall not be taxed as costs.

H. Any party to the arbitration proceeding may appeal from the arbitration award to the court in which the award is entered by filing, within the time limited by rule of court, a demand for trial de novo on law and fact.

I. On appeal, at the time of filing the demand for trial de novo, and as a condition of filing, the appellant shall deposit a sum equal to the total compensation of the arbitrators, but not exceeding ten per cent of the amount in controversy, which sum shall be deposited with the county.  If the court finds that the appellant is unable to make the deposit by reason of lack of funds, the court shall allow the filing of the appeal without the deposit.  On motion of the appellant within thirty days after the judgment on the trial de novo, the deposit shall be refunded to the appellant if the judgment on the trial de novo is at least twenty-three per cent more favorable than the monetary relief or other type of relief granted by the arbitration award.  If the judgment on trial de novo is not at least twenty-three per cent more favorable than the monetary relief or other type of relief granted by the arbitration award, the court, on its own motion or on motion of the appellee within thirty days after the judgment on the trial de novo, shall order that the deposit be used to pay, or that the appellant pay if the deposit is insufficient, the following costs and fees, unless the court finds on motion that the imposition of the costs and fees would create such a substantial economic hardship as not to be in the interest of justice:

1. To the county, the compensation actually paid to the arbitrator.

2. To the appellee, those costs taxable in any civil action and reasonable attorney fees as determined by the trial judge for services necessitated by the appeal.

3. Reasonable expert witness fees that are incurred by the appellee in connection with the appeal.

J. If the court does not provide an order for the disposition of the deposit required by subsection I of this section within ninety days after the final disposition of the trial de novo, the clerk of the court shall transfer the deposit to the county general fund in an amount not to exceed the deposit but sufficient to reimburse the county for the compensation actually paid to the arbitrator and shall refund any balance of the deposit to the appellant.

K. An arbitrator is personally immune from suit with respect to all acts done and actions taken in furtherance of the purposes of this section.

L. The jurisdictional limit under subsection A, paragraph 1 of this section does not apply to arbitration that is conducted under an alternative dispute resolution program approved by the supreme court.
A.R.S. § 12-559.02 — Arizona Code / Title 12 / Chapter 5 / Article 4 / Section 559.02
12-559.02 Establishing the fair market value of total gross assets
Status: in_force

12-559.02. Establishing the fair market value of total gross assets

A. To determine the limitation pursuant to section 12-559.01, a successor corporation may establish the fair market value of total gross assets through any method reasonable under the circumstances, including either of the following:

1. By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms length transaction.

2. In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.

B. Total gross assets include intangible assets.

C. To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for the purposes of this section, the applicability, terms, conditions and limits of that insurance are not affected by this section, and this section does not affect the rights and obligations of an insurer, transferor or successor under any insurance contract and any related agreements, including preenactment settlements resolving coverage-related disputes, or the rights of an insurer to seek payment for applicable deductibles, retrospective premiums or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable.  Notwithstanding this subsection, to the extent that total gross assets include liability insurance, a settlement of a dispute concerning that liability insurance coverage that is entered into by a transferor or successor with the insurers of the transferor before the effective date of this section determines the total coverage of that liability insurance to be included in the calculation of the transferor's total gross assets.
A.R.S. § 12-559.01 — Arizona Code / Title 12 / Chapter 5 / Article 4 / Section 559.01
12-559.01 Asbestos-related actions; successor corporation liability; applicability
Status: in_force

12-559.01. Asbestos-related actions; successor corporation liability; applicability

A. Except as provided in subsection B of this section, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation.  The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation.

B. If the transferor assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation under subsection A of this section to determine the limitation of liability of a successor corporation.

C. This section does not apply to any of the following:

1. Workers' compensation benefits paid by or on behalf of an employer to an employee pursuant to title 23, chapter 6 or a comparable workers' compensation law of another jurisdiction.

2. Any claim against a corporation that does not constitute a successor asbestos-related liability.

3. Any obligation under the national labor relations act or under any collective bargaining agreement.

4. A successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed or installed by the transferor.
A.R.S. § 12-2234 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2234
12-2234 Attorney and client
Status: in_force

12-2234. Attorney and client

A. In a civil action an attorney shall not, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment. An attorney's paralegal, assistant, secretary, stenographer or clerk shall not, without the consent of his employer, be examined concerning any fact the knowledge of which was acquired in such capacity.

B. For purposes of subsection A, any communication is privileged between an attorney for a corporation, governmental entity, partnership, business, association or other similar entity or an employer and any employee, agent or member of the entity or employer regarding acts or omissions of or information obtained from the employee, agent or member if the communication is either:

1. For the purpose of providing legal advice to the entity or employer or to the employee, agent or member.

2. For the purpose of obtaining information in order to provide legal advice to the entity or employer or to the employee, agent or member.

C. The privilege defined in this section shall not be construed to allow the employee to be relieved of a duty to disclose the facts solely because they have been communicated to an attorney.
A.R.S. § 12-820.05; Version 2 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820.05; Version 2
12-820.05; Version 2 Other immunities
Status: in_force

12-820.05. Other immunities

(Eff. 1/1/28)

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

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

C. A public entity is not liable for damages as a result of an injury caused by any act or omission by a public officer who renders emergency care gratuitously and in good faith in a public building, at a public gathering on the grounds of a public building or at the scene of an emergency occurrence or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, unless the public officer, while rendering the emergency care, is guilty of gross negligence.
A.R.S. § 12-2235 — Arizona Code / Title 12 / Chapter 13 / Article 4 / Section 2235
12-2235 Doctor and patient
Status: in_force

12-2235. Doctor and patient

In a civil action a physician or surgeon shall not, without the consent of his patient, or the conservator or guardian of the patient, be examined as to any communication made by his patient with reference to any physical or mental disease or disorder or supposed physical or mental disease or disorder or as to any such knowledge obtained by personal examination of the patient.
A.R.S. § 12-1177 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1177
12-1177 Trial and issue; postponement of trial
Status: in_force

12-1177. Trial and issue; postponement of trial

A. On the trial of an action of forcible entry or forcible detainer, the only issue shall be the right of actual possession and the merits of title shall not be inquired into.

B. If a jury is demanded, it shall return a verdict of guilty or not guilty of the charge as stated in the complaint. If a jury is not demanded the action shall be tried by the court.

C. For good cause shown, supported by affidavit, the trial may be postponed for a time not to exceed three calendar days in a justice court or ten calendar days in the superior court.
A.R.S. § 12-563 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 563
12-563 Necessary elements of proof
Status: in_force

12-563. Necessary elements of proof

Both of the following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care:

1. The health care provider failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider in the profession or class to which he belongs within the state acting in the same or similar circumstances.

2. Such failure was a proximate cause of the injury.
A.R.S. § 12-552 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 552
12-552 Actions involving development of real property design, engineering and construction of improvements
Status: in_force

12-552. Actions involving development of real property design, engineering and construction of improvements

A. Notwithstanding any other statute, an action or arbitration based in contract may not be instituted or maintained against a person who develops or develops and sells real property, or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property more than eight years after substantial completion of the improvement to real property.

B. Notwithstanding any other statute, a municipality or a county may not institute or maintain an action or arbitration against a person who develops or develops and sells real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property that is dedicated to the municipality or county more than eight years after the improvement to real property has been accepted by the municipality or county for ownership, operation and maintenance if the action or arbitration is based on either:

1. A municipal or county code, ordinance or other legal requirement.

2. A permit that is required as a condition of development.

C. The limitations of subsection B of this section do not apply to an action or arbitration that is based on a claim of a wilful, reckless or concealed violation of a municipal or county requirement.

D. Subsection B of this section does not limit any immunity or defense that is available to a municipality or county pursuant to chapter 7, article 2 of this title.

E. Notwithstanding subsection A or B of this section, in the case of injury to real property or an improvement to real property, if the injury occurred during the eighth year after the substantial completion or, in the case of a latent defect, was not discovered until the eighth year after substantial completion, an action to recover damages for injury to the real property may be brought within one year after the date on which the injury to real property or an improvement to real property occurred or a latent defect was discovered, but an action may not be brought more than nine years after the substantial completion of the improvement.

F. The limitations in subsections A, B and E of this section include any action based on implied warranty arising out of the contract or the construction, including implied warranties of habitability, fitness or workmanship.

G. This section does not apply to actions for personal injury or death or shorten the period of warranty provided in an express written warranty.

H. For the purposes of subsections A, E and F of this section, an improvement to real property is considered substantially complete when any of the following first occurs:

1. It is first used by the owner or occupant of the improvement.

2. It is first available for use after having been completed according to the contract or agreement covering the improvement, including agreed changes to the contract or agreement.

3. Final inspection, if required, by the governmental body that issued the building permit for the improvement.

I. In this section an action based in contract is an action based on a written real estate contract, sales agreement, construction agreement, conveyance or written agreement for construction or for the services set forth in subsection A of this section. This section does not extend the period prescribed by the laws of this state for bringing any action. If a shorter period of limitation is prescribed for a specific action, the shorter period governs.

J. With respect to an improvement to real property that was substantially complete on or before September 15, 1989, the eight and nine-year periods established in subsections A and E of this section shall begin to run on September 15, 1989. Notwithstanding the provisions of subsection H of this section and section 12-505, subsection A, this subsection applies to claims that accrued before May 14, 1992.
A.R.S. § 12-653.05 — Arizona Code / Title 12 / Chapter 6 / Article 6.1 / Section 653.05
12-653.05 Exception
Status: in_force

12-653.05. Exception

The provisions of this article shall not apply to any publication or broadcast made within thirty days preceding any election, if such publication or broadcast is designed to in any way influence the results of such election.
A.R.S. § 12-1136 — Arizona Code / Title 12 / Chapter 8 / Article 2.1 / Section 1136
12-1136 Definitions
Status: in_force

12-1136. Definitions

(Caution: 1998 Prop. 105 applies)

In this article, unless the context otherwise requires:

1. "Fair market value" means the most likely price estimated in terms of money which the land would bring if exposed for sale in the open market, with reasonable time allowed in which to find a purchaser, buying with knowledge of all the uses and purposes to which it is adapted and for which it is capable.

2. "Just compensation" for purposes of an action for diminution in value means the sum of money that is equal to the reduction in fair market value of the property resulting from the enactment of the land use law as of the date of enactment of the land use law.

3. "Land use law" means any statute, rule, ordinance, resolution or law enacted by this state or a political subdivision of this state that regulates the use or division of land or any interest in land or that regulates accepted farming or forestry practices.

4. "Owner" means the holder of fee title to the subject real property.

5. "Public use":

(a) Means any of the following:

(i) The possession, occupation, and enjoyment of the land by the general public, or by public agencies;

(ii) The use of land for the creation or functioning of utilities;

(iii) The acquisition of property to eliminate a direct threat to public health or safety caused by the property in its current condition, including the removal of a structure that is beyond repair or unfit for human habitation or use; or

(iv) The acquisition of abandoned property.

(b) Does not include the public benefits of economic development, including an increase in tax base, tax revenues, employment or general economic health.

6. "Taken" and "taking" mean the transfer of ownership or use from a private property owner to this state or a political subdivision of this state or to any person other than this state or a political subdivision of this state.
A.R.S. § 12-1526 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1526
12-1526 Issuance of writ; contents
Status: in_force

12-1526. Issuance of writ; contents

After compliance with the provisions of chapter 14 of this title and upon the execution and filing of the affidavit and bond, the superior court judge or justice of the peace shall immediately issue a writ of attachment directed to the sheriff or any constable of any county where property of defendant is supposed to be, commanding him to attach so much of the property as will be sufficient to satisfy the demand of plaintiff and the probable costs of the action.
A.R.S. § 12-1808 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1808
12-1808 Injunction between parties to labor dispute; conditions requisite to issuance; limitations
Status: in_force

12-1808. Injunction between parties to labor dispute; conditions requisite to issuance; limitations

A. A preliminary injunction or temporary restraining order shall not be granted between employer and employee, or between employees, or between persons employed and persons seeking employment, involving or arising from a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property or to a property right of the party making the application and when there is no adequate remedy at law for the injury. The property or property right shall be described with particularity in the application.

B. The preliminary injunction or temporary restraining order as provided for in subsection A shall not prohibit any person from:

1. Terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do.

2. Attending at or near a house or place where any person resides or works, or carries on business, or happens to be, for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or to abstain from working.

3. Ceasing to patronize or to employ any party to such dispute or from recommending, advising, or persuading others by peaceful means to do so.

4. Paying or giving to or withholding from any person engaged in such dispute any strike benefits or other monies or things of value.

5. Peaceably assembling at any place in a lawful manner and for lawful purposes.

6. Doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto.
A.R.S. § 12-3019 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3019
12-3019 Award
Status: in_force

12-3019. Award

A. An arbitrator shall make a record of an award.  The record must be signed or otherwise authenticated by any arbitrator who concurs with the award.  The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.

B. An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time.  The court or the parties may do so within or after the time specified or ordered.  A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
A.R.S. § 12-820.02 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820.02
12-820.02 Qualified immunity
Status: in_force

12-820.02. Qualified immunity

A. Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for:

1. The failure to make an arrest or the failure to retain an arrested person in custody.

2. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.

3. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner's or youth's probation or community supervision or from the revocation of the prisoner's or youth's probation, community supervision or conditional release under the jurisdiction of the superior court.

4. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.

5. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to section 12-820.01.

6. The failure to discover violations of any provision of law when inspections are done of property other than property owned by the public entity in question.

7. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of section 28-693, 28-1381 or 28-1382.

8. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.

9. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun.

10. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in section 8-305.

11. An injury caused by a peace officer if the injury was caused by any act or omission while rendering emergency care at the scene of an emergency occurrence.

B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor's employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor's employee.
A.R.S. § 12-1241 — Arizona Code / Title 12 / Chapter 8 / Article 8 / Section 1241
12-1241 Power of superior court to appoint receiver
Status: in_force

12-1241. Power of superior court to appoint receiver

The superior court or a judge thereof may appoint a receiver to protect and preserve property or the rights of parties therein, even if the action includes no other claim for relief.
A.R.S. § 12-120.21 — Arizona Code / Title 12 / Chapter 1 / Article 1.2 / Section 120.21
12-120.21 Jurisdiction and venue
Status: in_force

12-120.21. Jurisdiction and venue

A. The court of appeals shall have:

1. Appellate jurisdiction in all actions and proceedings originating in or permitted by law to be appealed from the superior court, except criminal actions involving crimes for which a sentence of death has actually been imposed.

2. Jurisdiction to issue writs of certiorari to review the lawfulness of awards of the industrial commission and to enter judgment affirming or setting aside the awards.

3. Jurisdiction to issue injunctions and other writs and orders necessary and proper to the complete exercise of its appellate jurisdiction.

4. Jurisdiction to hear and determine petitions for special actions brought pursuant to the rules of procedure for special actions, without regard to its appellate jurisdiction.

B. A case or appeal of which the court of appeals has jurisdiction in an action or proceeding originating in or permitted by law to be appealed from the superior court in a county shall be brought or filed in the division which contains that county. An application for a writ of certiorari to review the lawfulness of an award of the industrial commission shall be brought in division 1.
A.R.S. § 12-1103 — Arizona Code / Title 12 / Chapter 8 / Article 1 / Section 1103
12-1103 Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state
Status: in_force

12-1103. Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state

A. If defendant, other than the state, appears and disclaims all right and title adverse to plaintiff, he shall recover his costs.

B. If a party, twenty days prior to bringing the action to quiet title to real property, requests the person, other than the state, holding an apparent adverse interest or right therein to execute a quit claim deed thereto, and also tenders to him five dollars for execution and delivery of the deed, and if such person refuses or neglects to comply, the filing of a disclaimer of interest or right shall not avoid the costs and the court may allow plaintiff, in addition to the ordinary costs, an attorney's fee to be fixed by the court.

C. If, after appropriate investigation, it appears to the attorney general that the state claims no right or title to the property adverse to plaintiff, he may file a disclaimer of right and title.
A.R.S. § 12-305 — Arizona Code / Title 12 / Chapter 3 / Article 1 / Section 305
12-305 County law library fund
Status: in_force

12-305. County law library fund

A. A county law library fund is established in each county consisting of monies received pursuant to section 12-284.03, subsection A, paragraph 4 and section 41-178.

B. The county law library fund shall be used for the purposes of enhancing legal research capabilities in the county law library and shall be under the direction of a judge of the superior court in the county. The board of supervisors shall disburse monies from the fund only on the order of the presiding judge of the superior court.

C. If the balance in the county law library fund exceeds three thousand dollars at the close of the fiscal year, the board of supervisors by resolution adopted by vote of the members, and with the concurrence of the judge of the superior court in the county, may transfer the surplus of the fund in excess of three thousand dollars to a building repair fund.  Monies so transferred shall be expended only for additions, alterations and repairs to the courthouse. The expenditures are subject to title 41, chapter 23.
A.R.S. § 12-1154 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1154
12-1154 Filing certified copy of judgment
Status: in_force

12-1154. Filing certified copy of judgment

A. Upon rendition of final judgment vesting title in plaintiff, the clerk of the court shall make and certify, under the seal of the court a copy or copies of the judgment, which shall be recorded in the office of the county recorder, and the recording shall constitute notice to all persons of the contents thereof.

B. A copy of the judgment certified by the clerk of the court shall be admissible in evidence in any judicial proceedings.
A.R.S. § 12-1104 — Arizona Code / Title 12 / Chapter 8 / Article 1 / Section 1104
12-1104 Allegation of lien or interest claimed by adverse party; jurisdiction of court to enter decree
Status: in_force

12-1104. Allegation of lien or interest claimed by adverse party; jurisdiction of court to enter decree

A. In an action to quiet title to real property, if the complaint sets forth that any person or the state has or claims an interest in or a lien upon the property, and that the interest or lien or the remedy for enforcement thereof is barred by limitation, or that plaintiff would have a defense by reason of limitation to an action to enforce the interest or lien against the real property, the court shall hear evidence thereon.

B. If it is proved that the interest or lien or the remedy for enforcement thereof is barred by limitation, or that plaintiff would have a defense by reason of limitation to an action to enforce the interest or lien against the real property, the court shall have jurisdiction to enter judgment and plaintiff shall be entitled to judgment barring and forever estopping assertion of the interest or lien in or to or upon the real property adverse to plaintiff.
A.R.S. § 12-341 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 341
12-341 Recovery of costs
Status: in_force

12-341. Recovery of costs

The successful party to a civil action shall recover from his adversary all costs expended or incurred therein unless otherwise provided by law.
A.R.S. § 12-120.04 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.04
12-120.04 Chief judge; duties
Status: in_force

12-120.04. Chief judge; duties

A. The chief judge of each division shall be elected annually by the members of the division. The chief judge may be a member of any department of the division. The chief judge shall serve in such capacity until his successor has been elected as provided by this section.

B. The chief judge shall exercise administrative supervision over the division in which he serves, shall have such other duties as may be provided by rules of the supreme court and shall apportion the business to the departments in such manner as to equalize the distribution of business among them.

C. The chief judge may, and upon direction by the chief justice of the supreme court shall, designate one department to hear and determine all reviews authorized by the provisions of section 23-951. Such designated department may also hear and determine other matters assigned to it by the chief judge.

D. In the absence of the chief judge from the place at which the court is held, or his inability to act, the other judges shall select one of their own number to perform the duties and exercise the powers of the chief judge during such absence or inability to act.

E. The judges of each department shall periodically select a presiding judge and a member to act as the presiding judge to perform the duties and exercise the powers of the presiding judge during the absence or inability to act of the presiding judge.

F. The chief judge of division 2 shall be eligible to be the presiding judge of a department.

G. The chief judge of division 1 shall designate one department to hear and determine all appeals authorized by section 12-170. This department may also hear and determine other matters assigned to it by the chief judge.
A.R.S. § 12-1313 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1313
12-1313 Exoneration and liability of officer on bonds
Status: in_force

12-1313. Exoneration and liability of officer on bonds

A. After execution of any bond taken by virtue of this article, the parties to the action shall be barred from any right of action against the officer for seizure and delivery of the property.

B. If the officer fails to take or return a bond as required by law, or if the bond taken is adjudged insufficient after it is taken and is not made sufficient, he and his sureties shall be liable to the party injured for all damages sustained by the injured party.
A.R.S. § 12-3201 — Arizona Code / Title 12 / Chapter 24 / Article 1 / Section 3201
12-3201 Vexatious litigants; designation; definitions
Status: in_force

12-3201. Vexatious litigants; designation; definitions

A. In a noncriminal case, at the request of a party or on the court's own motion, the presiding judge of the superior court or a judge designated by the presiding judge of the superior court may designate a pro se litigant a vexatious litigant.

B. A pro se litigant who is designated a vexatious litigant may not file a new pleading, motion or other document without prior leave of the court.

C. A pro se litigant is a vexatious litigant if the court finds the pro se litigant engaged in vexatious conduct.

D. The requesting party may make an amended request at any time if the court either:

1. Determined that the party is not a vexatious litigant and the requesting party has new information or evidence that is relevant to the determination, even if there is not a pending case in the court.

2. Did not rule on the original request during the pendency of the action, even if there is not a pending case in the court.

E. For the purposes of this section:

1. "Vexatious conduct" includes any of the following:

(a) Repeated filing of court actions solely or primarily for the purpose of harassment.

(b) Unreasonably expanding or delaying court proceedings.

(c) Court actions brought or defended without substantial justification.

(d) Engaging in abuse of discovery or conduct in discovery that has resulted in the imposition of sanctions against the pro se litigant.

(e) A pattern of making unreasonable, repetitive and excessive requests for information.

(f) Repeated filing of documents or requests for relief that have been the subject of previous rulings by the court in the same litigation.

2. "Without substantial justification" has the same meaning prescribed in section 12-349.
A.R.S. § 12-1336 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1336
12-1336 Direction of issue
Status: in_force

12-1336. Direction of issue

Within twenty days after docketing the matter, the court shall direct that an issue be made up in writing between the parties and tried as in other cases. The issue shall consist of a brief statement of the authority and right by which plaintiff seeks to subject the property levied on to his execution and of the nature of the claim of defendant thereto.
A.R.S. § 12-718 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 718
12-718 Emergency aid involving liquefied petroleum gas; exemption from civil liability
Status: in_force

12-718. Emergency aid involving liquefied petroleum gas; exemption from civil liability

A. A person who has knowledge and training in the storage, handling, transportation, operation and utilization of liquefied petroleum gas is not liable in any civil action for any damages that occur as a result of providing assistance without remuneration, on the request of any peace officer, fire company or department, first aid, rescue or emergency squad or other governmental agency or entity, in an accident or other emergency situation that involves the use, handling, transportation, transmission or storage of liquefied petroleum gas if the person was conscripted at the scene as a true volunteer.

B. This section does not apply to a person who causes the accident or emergency situation or whose wilful, wanton or grossly negligent act or omission in response to the accident or emergency situation causes damage or for any vicarious liability.
A.R.S. § 12-1285 — Arizona Code / Title 12 / Chapter 8 / Article 11 / Section 1285
12-1285 Amounts payable upon redemption
Status: in_force

12-1285. Amounts payable upon redemption

A. In redeeming property the judgment debtor shall pay the amount of the purchase price with eight per cent added thereto, together with the amount of any assessments or taxes which the purchaser has lawfully paid thereon after purchase, and interest on such amount.

B. Each subsequent redemptioner shall pay the aggregate of such amounts plus the amount of the lien thereon of the ones who may have redeemed the property theretofore. If the purchaser is also a creditor having a prior lien to that of the redemptioner, other than the judgment lien, the redemptioner shall pay, in addition, the amount of such creditor's lien with interest. The payments may be made to the officer who made the sale.
A.R.S. § 12-1102 — Arizona Code / Title 12 / Chapter 8 / Article 1 / Section 1102
12-1102 Complaint
Status: in_force

12-1102. Complaint

The complaint shall:

1. Be under oath.

2. Set forth generally the nature and extent of plaintiff's estate.

3. Describe the premises.

4. State that plaintiff is credibly informed and believes defendant makes some claim adverse to plaintiff. When the state is made defendant, the complaint shall set forth with particularity or on information or belief the claim of the state adverse to plaintiff.

5. Pray for establishment of plaintiff's estate and that defendant be barred and forever estopped from having or claiming any right or title to the premises adverse to plaintiff.
A.R.S. § 12-3005 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3005
12-3005 Application for judicial relief
Status: in_force

12-3005. Application for judicial relief

A. An application for judicial relief under this chapter must be made by motion to the court and heard in the manner provided by law or court rule for making and hearing motions.

B. Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this chapter must be served in the manner provided by law for the service of a summons in a civil action.  Otherwise, notice of the motion must be given in the manner provided by law or court rule for serving motions in pending cases.
A.R.S. § 12-301 — Arizona Code / Title 12 / Chapter 3 / Article 1 / Section 301
12-301 Time of payment of fees; effect of failure to collect; alternative payment methods
Status: in_force

12-301. Time of payment of fees; effect of failure to collect; alternative payment methods

A. All fees are payable at the time the service is rendered, unless otherwise provided by law. An officer may refuse to perform any service in any action or proceeding, criminal proceedings excepted, until the fees are paid.

B. Failure to collect the fee shall not affect the validity of the act or service.

C. The court may allow fees to be paid by alternative methods, including credit cards, charge cards, debit cards and electronic funds transfers.

D. No court shall either impose or collect a fee for filing an answer to a complaint for forcible entry or detainer.
A.R.S. § 12-2703 — Arizona Code / Title 12 / Chapter 18 / Article 1 / Section 2703
12-2703 Scope of remedies; violation; classification
Status: in_force

12-2703. Scope of remedies; violation; classification

A. It is unlawful for any person to render for compensation any service constituting the unauthorized practice of immigration and nationality law or to otherwise violate this chapter.

B. A person having an interest or right that is or may be adversely affected under this chapter may initiate an action for civil remedies.  The provisions of this article are in addition to all other causes of action, remedies and penalties that are available in this state.

C. The attorney general shall initiate appropriate proceedings to prevent or to stop violations of this chapter.

D. Section 13-703, subsection A does not apply for the purpose of enhancing the sentence of a person who is convicted of two or more offenses under this section.

E. A person who violates this chapter is guilty of a class 6 felony.
A.R.S. § 12-810 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 810
12-810 Violation as contempt; classification
Status: in_force

12-810. Violation as contempt; classification

A violation or disobedience of either an injunction or order expressly provided for by this article shall be punished as a class 2 misdemeanor.
A.R.S. § 12-1602 — Arizona Code / Title 12 / Chapter 9 / Article 5 / Section 1602
12-1602 Service of writ and answer
Status: in_force

12-1602. Service of writ and answer

A. For state employees who are not employees of a state university, the writ of garnishment shall be served upon the assistant director for finance in the department of administration in garnishment of state salaries or wages. For state employees who are employed by a university the writ of garnishment shall be served upon the chief disbursing officer of the appropriate state university in garnishment of state salaries or wages paid by the university.

B. For employees of counties in this state, the writ of garnishment shall be served on the clerk of the board of supervisors in garnishment of county salaries or wages. For employees of all other political subdivisions of the state, the writ of garnishment shall be served upon a designated chief disbursing officer of the political subdivision in garnishment of salaries or wages paid by such political subdivisions.

C. If the state is named as garnishee, the attorney general shall answer the writ. If a county or other political subdivision is named as garnishee, its legal representative shall answer the writ.
A.R.S. § 12-2044 — Arizona Code / Title 12 / Chapter 11 / Article 3 / Section 2044
12-2044 Adjudication of office; damages; several claimants
Status: in_force

12-2044. Adjudication of office; damages; several claimants

A. When the action involves the right to an office, the complaint shall show the one who is entitled to the office, and the issues made thereon shall be tried. The judgment given shall adjudge who is entitled to the office. If judgment is given awarding the right to the office to the person alleged to be entitled thereto, he may recover the damages which he has sustained by reason of the usurpation of the office by defendant.

B. When several persons claim the same office or franchise, one action may be brought against all such persons to try their rights to the office or franchise.
A.R.S. § 12-1141 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1141
12-1141 Definitions
Status: in_force

12-1141. Definitions

In this article, unless the context otherwise requires:

1. "Authorized corporation" means a corporation or association engaged or about to engage in a public works project, as defined in this article, for a public use, but the construction of the public works project and its conduct thereafter by the corporation or association is subject to regulation or supervision by a federal agency, as defined in this article, or a state public body, as defined in this article, whether by virtue of an agreement, provision of law or otherwise.

2. "Court" means the court in which jurisdiction over proceedings under this article is vested by the provisions of section 12-1142.

3. "Federal agency" means the United States, the federal emergency administration of public works or any other agency or instrumentality, corporate or otherwise, of the United States.

4. "Plaintiff" means the person by whom proceedings for acquisition of real property, as defined in this article, are instituted pursuant to the provisions of section 12-1142.

5. "Public works project" means a work or undertaking which is financed in whole or in part by a federal agency, as defined in this article, or by a state public body, as defined in this article.

6. "Real property," "property" or "land" means all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances and franchises relating thereto, including terms for years and liens of judgment, mortgage or otherwise.

7. "State public body" means the state or a county, city, town, municipal corporation, authority or any other subdivision, agency or instrumentality thereof, corporate or otherwise.
A.R.S. § 12-1213 — Arizona Code / Title 12 / Chapter 8 / Article 7 / Section 1213
12-1213 Hearing and issues
Status: in_force

12-1213. Hearing and issues

Upon the hearing the court shall determine the share or interest in the property sought to be divided of each of the owners or claimants, and all questions affecting the title thereto, or any part thereof.
A.R.S. § 12-1516 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1516
12-1516 Court; jurisdiction and venue
Status: in_force

12-1516. Court; jurisdiction and venue

The term "court", as used in this article, means the superior courts of the state of Arizona, and venue of the appropriate superior court shall be determined as in any other civil action.  The initial application having been made to a court of appropriate venue, all subsequent applications shall be made to the same court unless that court otherwise directs.
A.R.S. § 12-505 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 505
12-505 Effect of statute changing limitation
Status: in_force

12-505. Effect of statute changing limitation

A. An action barred by pre-existing law is not revived by amendment of such law enlarging the time in which such action may be commenced.

B. If an action is not barred by pre-existing law, the time fixed in an amendment of such law shall govern the limitation of the action.

C. If an amendment of pre-existing law shortens the time of limitation fixed in the pre-existing law so that an action under pre-existing law would be barred when the amendment takes effect, such action may be brought within one year from the time the new law takes effect, and not afterward.
A.R.S. § 12-1531 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1531
12-1531 Return of writ; duties of officer; further return
Status: in_force

12-1531. Return of writ; duties of officer; further return

A. An officer executing a writ of attachment shall return the writ with his action endorsed thereon or attached thereto and signed by him, to the court from which it issued within thirty days after date of the levy.

B. The return shall describe the property attached with sufficient certainty to identify it and shall state when it was attached and whether any personal property attached still remains in his custody, and if not, the disposition made of the property.

C. When personal property has been replevied the officer shall deliver the replevin bond to the clerk or justice to be filed in the action.

D. When the property levied on is claimed, replevied or sold after the return, the officer shall immediately make a further return to the clerk or justice of the peace showing the disposition of the property.
A.R.S. § 12-813 — Arizona Code / Title 12 / Chapter 7 / Article 1.1 / Section 813
12-813 Abatement of nuisance
Status: in_force

12-813. Abatement of nuisance

If a nuisance exists, the attorney general, the county attorney of the county in which such nuisance exists or the city attorney of the city in which such nuisance exists may bring an action in the name of the state to abate such nuisance and to enjoin the person maintaining the nuisance from further maintenance.
A.R.S. § 12-1301 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1301
12-1301 Affidavit to obtain possession
Status: in_force

12-1301. Affidavit to obtain possession

If a plaintiff claims in his complaint the possession of specific personal property, he may at any time after complying with the provisions of chapter 14 of this title and before rendition of judgment file an affidavit showing:

1. That he is the owner of the property claimed, sufficiently describing it, or is lawfully entitled to its possession.

2. That the property is wrongfully detained by the defendant.

3. The actual value of the property and that it has not been seized under any process, execution, or attachment against the property of the plaintiff, or, if so seized, that it is by statute exempt from such seizure.
A.R.S. § 12-1309 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1309
12-1309 Finding for defendant; property not in possession of plaintiff; judgment
Status: in_force

12-1309. Finding for defendant; property not in possession of plaintiff; judgment

If at the time of trial the plaintiff is not in possession of the property, or it is not under his control, and the finding is for the defendant, then the alternative judgment shall not be given but only judgment for the value of the property, the damages suffered by its seizure, costs in the action and reasonable attorney's fees. The judgment shall be against the plaintiff and the sureties on his bond.
A.R.S. § 12-1624 — Arizona Code / Title 12 / Chapter 9 / Article 7 / Section 1624
12-1624 Liability of bidder for failure to pay; resale and recovery of loss and costs
Status: in_force

12-1624. Liability of bidder for failure to pay; resale and recovery of loss and costs

If the purchaser at the sale under execution does not pay the full bid price and statutory fees within five working days after the sale, the officer shall immediately offer the property to the second highest bidder who may, at his option, purchase the property at his bid. If the second highest bidder does not pay the full bid price, as bid by that bidder, and statutory fees within five working days after the property has been offered to him by the officer, or if there is no second bidder, the property may be resold by a new execution sale. If the second highest bidder elects not to purchase the property, or if there is no second bidder, the original purchaser shall be liable to any person who suffers loss or expenses, including attorney's fees, occasioned by his failure to pay the bid price. The five day deadline set forth herein may be extended if agreed upon in writing by the officer conducting the sale.
A.R.S. § 12-1509 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1509
12-1509 Change of award by arbitrators
Status: in_force

12-1509. Change of award by arbitrators

On application of a party or, if an application to the court is pending under sections 12-1511, 12-1512, or 12-1513, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in paragraphs 1 and 3 of subsection A of section 12-1513, or for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of sections 12-1511, 12-1512 and 12-1513.
A.R.S. § 12-3013 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3013
12-3013 Action by majority
Status: in_force

12-3013. Action by majority

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under section 12-3015, subsection C.
A.R.S. § 12-3001 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3001
12-3001 Definitions
Status: in_force

12-3001. Definitions

In this chapter, unless the context otherwise requires:

1. "Arbitration organization" means an association, agency, board, commission or other entity that is neutral and that initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator.

2. "Arbitrator" means an individual who is appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.

3. "Court" means a court of competent jurisdiction in this state.

4. "Knowledge" means actual knowledge.

5. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or governmental subdivision, agency or instrumentality or public corporation or any other legal or commercial entity.

6. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.
A.R.S. § 12-1304 — Arizona Code / Title 12 / Chapter 8 / Article 12 / Section 1304
12-1304 Execution of order for delivery to claimant; redelivery bond
Status: in_force

12-1304. Execution of order for delivery to claimant; redelivery bond

The officer, after delivery to him of the bond provided in section 12-1303, shall take the property and deliver it to plaintiff unless the defendant, within two days after the taking, executes and delivers to the officer a bond payable to plaintiff in an amount not less than double the value of the property as stated in the affidavit of plaintiff, conditioned that defendant will deliver such property to plaintiff if delivery is adjudged, and in default of delivery will pay the assessed value of the property and all damage for injuries to the property and for its taking or detention, and costs in the action and reasonable attorney's fees.
A.R.S. § 12-558.02 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 558.02
12-558.02 Limited liability; removing minor or confined animal from motor vehicle; definition
Status: in_force

12-558.02. Limited liability; removing minor or confined animal from motor vehicle; definition

A. A person who uses reasonable force to enter a locked and unattended motor vehicle to remove a minor or confined domestic animal is not liable for any damages in a civil action if all of the following apply:

1. The person has a good faith belief that the minor or confined domestic animal is in imminent danger of suffering physical injury or death unless the minor or domestic animal is removed from the motor vehicle.

2. The person determines that the motor vehicle is locked or there is no reasonable manner in which the person can remove the minor or domestic animal from the vehicle.

3. Before entering the motor vehicle, the person notifies a peace officer, emergency medical service provider or first responder or an animal control enforcement agency or deputy, if appropriate, of the minor or confined domestic animal.

4. The person does not use more force than is necessary under the circumstances to enter the motor vehicle and remove the minor or domestic animal from the vehicle.

5. The person remains with the minor or domestic animal until the person who is contacted as prescribed in paragraph 3 of this subsection arrives at the motor vehicle.

B. A person is not immune from civil liability if the person fails to abide by any of the provisions of subsection A of this section and commits any unnecessary or malicious damage to the motor vehicle.

C. For the purposes of this section, "domestic animal" means a dog, a cat or another animal that is domesticated and kept as a household pet.
A.R.S. § 12-2251 — Arizona Code / Title 12 / Chapter 13 / Article 5 / Section 2251
12-2251 Limitations on testimony in actions by or against personal representatives, administrators, guardians or conservators
Status: in_force

12-2251. Limitations on testimony in actions by or against personal representatives, administrators, guardians or conservators

In an action by or against personal representatives, administrators, guardians or conservators in which judgment may be given for or against them as such, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate or ward unless called to testify thereto by the opposite party, or required to testify thereto by the court. The provisions of this section shall extend to and include all actions by or against the heirs, devisees, legatees or legal representatives of a decedent arising out of any transaction with the decedent.
A.R.S. § 12-1337 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1337
12-1337 Judgment by default
Status: in_force

12-1337. Judgment by default

A. If plaintiff appears and defendant fails to appear or neglects or refuses to join issue within such time as the court prescribes, plaintiff shall be given judgment by default.

B. If defendant appears and plaintiff fails to appear or neglects or refuses to tender issues within such time as the court prescribes, defendant shall be given judgment by default.
A.R.S. § 12-1253 — Arizona Code / Title 12 / Chapter 8 / Article 9 / Section 1253
12-1253 Defendant as tenant; substitution of landlord; notice of action
Status: in_force

12-1253. Defendant as tenant; substitution of landlord; notice of action

A. If upon answer of defendant it appears that defendant claims only as a tenant, the answer shall also state the name and residence of the landlord. In such case, the landlord may be substituted by service of summons upon him and the judgment shall also be conclusive against the tenant.

B. A person acquiring title to land or an interest therein after commencement of the action shall take subject to notice of and without prejudice to the rights of the parties providing notice of lis pendens is filed in the manner and at the time provided for in section 12-1191.
A.R.S. § 12-2003 — Arizona Code / Title 12 / Chapter 11 / Article 1 / Section 2003
12-2003 Contents of writ
Status: in_force

12-2003. Contents of writ

The writ of certiorari shall command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, and to annex to the writ a transcript of the record and proceedings named in the writ, and requiring the party in the meantime to desist from further proceedings in the matter to be reviewed.
A.R.S. § 12-821 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 821
12-821 General limitation; public employee
Status: in_force

12-821. General limitation; public employee

All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
A.R.S. § 12-826 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 826
12-826 Report of judgments to legislature by governor; payment
Status: in_force

12-826. Report of judgments to legislature by governor; payment

A. The governor shall report to the legislature at each session judgments rendered against the state, and not theretofore reported.

B. The director of the department of administration shall draw his warrant for payment of the judgment upon presentation to him of an authenticated copy of the judgment together with the approval of the judgment by the attorney general.

C. The director of the department of administration shall not draw the warrant until an appropriation therefor is made by the legislature.
A.R.S. § 12-717 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 717
12-717 Liquefied petroleum gas provider; liability; definitions
Status: in_force

12-717. Liquefied petroleum gas provider; liability; definitions

A. In any civil action against a liquefied petroleum gas provider for civil or other damages, the liquefied petroleum gas provider is liable only for the amount of damages that are in proportion to the liquefied petroleum gas provider's percentage of fault and is not liable for the amount of damages allocated to fault attributed to either:

1. An alteration or modification of liquefied petroleum gas equipment that was not reasonably foreseeable, that was made by a person other than the liquefied petroleum gas provider and that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care.

2. The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or could reasonably have been foreseen to be used, if the liquefied petroleum gas provider or the liquefied petroleum gas equipment manufacturer has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the gas equipment.

B. This section does not affect, modify or eliminate the liability of a liquefied petroleum gas equipment manufacturer or its employees or agents under any legal claim, including product liability claims.

C. For the purposes of this section:

1. "Liquefied petroleum gas equipment" means a liquefied petroleum gas appliance or other liquefied petroleum gas equipment.

2. "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting or selling at retail liquefied petroleum gas, but does not include a liquefied petroleum gas equipment manufacturer.
A.R.S. § 12-1841 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1841
12-1841 Parties; notice of claim of unconstitutionality
Status: in_force

12-1841. Parties; notice of claim of unconstitutionality

A. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding that involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard. In any proceeding in which a state statute, ordinance, franchise or rule is alleged to be unconstitutional, the attorney general and the speaker of the house of representatives and the president of the senate shall be served with a copy of the pleading, motion or document containing the allegation at the same time the other parties in the action are served and shall be entitled to be heard.

B. If a pleading, motion or document containing the allegation is served on the attorney general and the speaker of the house of representatives and the president of the senate pursuant to subsection A, a notice of claim of unconstitutionality shall be attached to the pleading, motion or document as the cover page and shall state the following information:

1. The name, address and telephone number of the attorney for the party alleging that a state law is unconstitutional or the name, address and telephone number of the party if the party is not represented by an attorney.

2. The case name, court name, caption and case number of the proceeding.

3. A brief statement of the basis for the claim of unconstitutionality.

4. A brief description of the proceeding, with copies of any court orders in the proceeding if the claim of unconstitutionality is asserted in a pleading, motion or document other than the pleading, motion or document that initiated the proceeding.

5. The date, time, location, judge and subject of the next hearing in the proceeding, if any.

C. If the attorney general or the speaker of the house of representatives and the president of the senate are not served in a timely manner with notice pursuant to subsection A, on motion by the attorney general, the speaker of the house of representatives or the president of the senate the court shall vacate any finding of unconstitutionality and shall give the attorney general, the speaker of the house of representatives or the president of the senate a reasonable opportunity to prepare and be heard.

D. This section shall not be construed to compel the attorney general, the speaker of the house of representatives or the president of the senate to intervene as a party in any proceeding or to permit them to be named as defendants in a proceeding.  The attorney general, the speaker of the house of representatives or the president of the senate, in the party's discretion, may intervene as a party, may file briefs in the matter or may choose not to participate in a proceeding that is subject to the notice requirements of this section.
A.R.S. § 12-688 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 688
12-688 Duty to warn; food products
Status: in_force

12-688. Duty to warn; food products

There is no duty to warn a purchaser, user or consumer or any other person, regardless of age, that the consumption of a food product that is not defective and unreasonably dangerous may cause health problems if consumed excessively.
A.R.S. § 12-162 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 162
12-162 Administration of the tax court; principal office; travel expenses; facilities; employees
Status: in_force

12-162. Administration of the tax court; principal office; travel expenses; facilities; employees

A. The tax court is under the administrative supervision of the presiding judge of the superior court in Maricopa county, who shall establish the personnel and budget requirements of the principal office of the court.

B. The principal office of the tax court is at the superior court in Maricopa county, which county shall fund the personnel and budget requirements of the principal office as determined by the presiding judge.

C. The tax court may hold hearings in any county seat to provide a reasonable opportunity for taxpayers to appear before the court. If the court holds hearings in any county other than the county in which the principal office is located, the travel and per diem expenses of the tax judge and tax court staff shall be paid by the county in which the tax court is sitting.

D. If holding court in any county other than the county in which the principal office is located, the county in which the tax court is sitting shall provide reasonable access to existing facilities for the hearing and trial of tax cases in accordance with section 12-130 and guidelines approved by the supreme court.

E. The clerk of the tax court shall be a deputy clerk of the superior court.
A.R.S. § 12-2702 — Arizona Code / Title 12 / Chapter 18 / Article 1 / Section 2702
12-2702 Representation; definition
Status: in_force

12-2702. Representation; definition

A. A person desiring immigration and nationality services may be represented by any of the following:

1. Attorneys in the United States.

2. A law student who is enrolled in an accredited law school or a law school graduate who is not yet admitted to the bar, if both of the following apply:

(a) The student or graduate is appearing on an individual case basis at the request of the person entitled to representation.

(b) The student or graduate is permitted to appear by the official before whom the student or graduate wishes to appear including an immigration judge, an immigration district director, an immigration officer-in-charge, a regional immigration commission, the United States commissioner of immigration and naturalization or the immigration board. If in the official's opinion special circumstances warrant it, the official may require that a law student be accompanied by a supervising faculty member or attorney.

3. Any reputable person of good moral character, if all of the following apply:

(a) The person is appearing on an individual case basis, at the request of the person entitled to representation.

(b) The person is appearing without direct or indirect remuneration and the person files a written declaration to that effect.

(c) The person has a preexisting relationship or connection with the person entitled to representation including a relative, neighbor, clergyman, business associate or personal friend, except that this requirement may be waived, as a matter of administrative discretion, in cases in which adequate representation would not otherwise be available.

(d) If the person is appearing on behalf of a client, the person's appearance is permitted by the official before whom the person wishes to appear including an immigration judge, an immigration district director, an immigration officer-in-charge, a regional immigration commissioner, the United States commissioner of immigration and naturalization or the immigration board, except that this permission shall not be granted with respect to any person who regularly engages in immigration and nationality practice or preparation or holds himself out to the public as qualified to do so.

4. A person who is representing an organization accredited by the board of immigration appeals and who has been accredited by the immigration board.

5. An accredited official in the United States of the government to which an alien owes allegiance, if the official appears solely in an official capacity and with the alien's consent.

B. Except as otherwise provided in this section, no other person or persons may represent others in any case, prepare applications or forms or give any legal advice relating to any immigration or naturalization matter.

C. Any person who misrepresents the services the person may provide in immigration or nationality matters is in violation of this chapter.

D. A person or organization may not retain an original document belonging to a client unless authorized by the client.

E. An attorney who practices immigration and nationality law in this state and who is not a member of the state bar of Arizona shall not provide advice on issues of this state's law. An attorney who practices immigration and nationality law in this state and who is not licensed by the state bar of Arizona shall disclose to all persons to whom service is provided that the attorney is not licensed by the state bar of Arizona and shall disclose the state in which the attorney is licensed to practice law. This disclosure must be done in writing at the time the attorney's services are retained.

F. For the purposes of this section, "attorney" means any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or district of the United States and who is not under any order of any court suspending, enjoining, restraining, disbarring or otherwise restricting the person in the practice of law.
A.R.S. § 12-1534 — Arizona Code / Title 12 / Chapter 9 / Article 2 / Section 1534
12-1534 Disposition of proceeds of sale of perishable property; report of sale
Status: in_force

12-1534. Disposition of proceeds of sale of perishable property; report of sale

The proceeds of the sale as provided in section 12-1533 shall, within five days after the sale, be paid by the officer making the sale to the clerk of the court or justice of the peace, accompanied by a statement in writing and signed by such officer, to be filed in the action, stating the time and place of sale, the name of the purchaser and the amount received with an itemized account of the expense of sale.
A.R.S. § 12-512 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 512
12-512 Punitive damages awards; illegal aliens
Status: in_force

12-512. Punitive damages awards; illegal aliens

A person who is present in this state in violation of federal immigration law related to improper entry by an alien shall not be awarded punitive damages in any action in any court in this state.
A.R.S. § 12-1646 — Arizona Code / Title 12 / Chapter 9 / Article 9 / Section 1646
12-1646 Extension of remedy
Status: in_force

12-1646. Extension of remedy

The remedy provided in this article for sureties extends to endorsers, guarantors, drawers of bills which have been accepted, and every other suretyship, whether created by express contract or operation of law.
A.R.S. § 12-2409 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2409
12-2409 Judicial review of application; issuance of provisional remedies
Status: in_force

12-2409. Judicial review of application; issuance of provisional remedies

A. The judge or justice of the peace shall within five days, exclusive of weekends and holidays, after entry of default as provided in section 12-2408, review and examine all pleadings, affidavits and documents filed in the action to determine the following:

1. That an affidavit has been filed by the person who served a copy of the application and notice evidencing service.

2. That the affidavit of default required by section 12-2408 has been filed and the default entered by the clerk.

3. That the claim or claims of the party seeking any provisional remedy are based on facts stated in the affidavit sufficient to show that such claim or claims are valid.

4. That any statutory requirement for the issuance of any provisional remedy sought exists.

5. That any other pleadings or affidavits required by law as a prerequisite for the issuance of any provisional remedy sought have been filed.

B. If the judge or justice of the peace finds that the requirements of subsection A have been met, the provisional remedy shall be issued.

C. Written findings that the requirements of subsection A have been met shall be included in the order issuing any provisional remedy.
A.R.S. § 12-1283 — Arizona Code / Title 12 / Chapter 8 / Article 11 / Section 1283
12-1283 Redemption upon foreclosure
Status: in_force

12-1283. Redemption upon foreclosure

A. In sales upon foreclosure of mortgages or other liens the same periods of redemption as provided in section 12-1282 shall be allowed.

B. If no redemption is made by the mortgagor or his successor in interest, creditors having liens upon the premises sold or any part thereof subsequent to the lien so foreclosed may redeem within the times and in the order and manner specified in section 12-1282.
A.R.S. § 12-3252 — Arizona Code / Title 12 / Chapter 25 / Article 1 / Section 3252
12-3252 Applicability of chapter
Status: in_force

12-3252. Applicability of chapter

A. This chapter applies to a foreign-country judgment that grants or denies the recovery of a sum of money and, under the law of the foreign country where rendered, is final, conclusive and enforceable.

B. Notwithstanding subsection A of this section, this chapter does not apply to a foreign-country judgment that either:

1. Grants or denies the recovery of a sum of money if it is any of the following:

(a) A judgment for taxes.

(b) A fine or other penalty.

(c) A judgment for divorce, support or maintenance or other judgment rendered in connection with domestic relations.

2. Originates from a foreign country that has not adopted or enacted a reciprocal law related to foreign-country money judgments that is similar to this chapter.

C. The party seeking recognition of a foreign-country judgment has the burden of establishing that this chapter applies to the foreign-country judgment.

D. This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment that is not within the scope of this chapter.
A.R.S. § 12-945 — Arizona Code / Title 12 / Chapter 7 / Article 8 / Section 945
12-945 Sale of property
Status: in_force

12-945. Sale of property

A. If after thirty days' notice has been given the owner or person entitled to the property has not taken it away, the property may be sold.  The proceeds shall be paid to the general fund of the jurisdiction from which the unclaimed property was received.

B. Notwithstanding subsection A of this section, if the property is a firearm, the agency shall sell the firearm to any business that is authorized to receive and dispose of the firearm under federal and state law and that shall sell the firearm to the public according to federal and state law, unless the firearm is otherwise prohibited from being sold under federal and state law.  A law enforcement agency may trade a firearm that it has retained to a federal firearms licensed business for ammunition, weapons, equipment or other materials to be exclusively used for law enforcement purposes.
A.R.S. § 12-1145 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1145
12-1145 Notice of proceedings; effect of filing notice
Status: in_force

12-1145. Notice of proceedings; effect of filing notice

A. Notice of the action shall be given by one publication in a newspaper having a general circulation in each county in which any part of the property sought to be condemned is located. The notice shall be published at least twenty and not more than thirty days prior to the date set for the hearing on the validity of the proceedings. The notice shall be in substantially the following form:

"TO WHOM IT MAY CONCERN:

Notice is hereby given that _______________ (here insert name of plaintiff) has filed a complaint in the above court under the laws relating to the condemnation of real property for public works projects to acquire by condemnation for _________________ (here give brief general description of the public works project for which the land is sought to be acquired), the following described land:

(Here describe the land sufficiently for identification thereof. The description may be by a plat or map.)

Notice is further given that on ____________ (here insert date of hearing, which must be at least twenty days and not more than thirty days after the date of publication) there will be a hearing in this court, at the opening thereof, for the following purposes:

1. To determine the validity of the action and the right of plaintiff, if it so elects, to take title to and possession of such property prior to final judgment, as authorized by section 12-1155, and any persons having an interest in or lien upon the above described property shall be deemed to have waived their rights thereafter to object to the court's decision with respect to such issue, unless prior to that date they have filed in writing with the clerk of the court their objection thereto.

2. To consider the appointment of a special master to determine the compensation to be awarded for such property and the persons entitled thereto, unless written demand for a jury is filed with the court before the date of hearing, in which event the compensation to be awarded to the person filing such demand shall be ascertained by jury trial and not by special master.

3. Fixing the date and place at which the special master will hear and determine the compensation to be paid for such property and the person entitled thereto.

Notice is further given that all claims or demands for compensation because of the taking and condemnation of such property shall be filed with the above court before _____________ (here insert a date fifteen days after the date above specified for the court hearing), or the compensation will be deemed waived.

Dated the _________________ day of ___________________

_______________________

Clerk of the court"

B. Notice of the action shall also be given:

1. By posting a copy of the notice in conspicuous places on the real property sought to be condemned.

2. By filing a copy of the notice in the office of the clerk of the court in which such proceedings are pending.

3. By filing, in the same manner as lis pendens is filed, a copy of the notice in the office of the county recorder in each county in which any part of the real property is located.

C. The publication, posting and filing shall constitute legal and sufficient notice of the action to all persons having any interest in or lien upon the property described in the notice. Filing of the notice in the office of the county recorder shall be constructive notice of the proceedings to all persons who subsequently acquired an interest in or lien upon the property, and plaintiff shall take all property condemned under this article free of the claims of such persons.
A.R.S. § 12-3405 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3405
12-3405 Determination of value
Status: in_force

12-3405. Determination of value

A. If the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the heirs property by ordering an appraisal pursuant to subsection B of this section, unless one of the following applies:

1. If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.

2. If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and provide notice to the parties of the value.

B. If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate.  On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.  If an appraisal is conducted pursuant to this subsection, the court shall provide notice of the appraisal to each party with a known address not later than ten days after the appraisal is filed.  The notice shall include all of the following:

1. The appraised fair market value of the property.

2. That the appraisal is available at the court clerk's office.

3. That a party may file with the court an objection to the appraisal not later than thirty days after the notice is provided.  The objection shall state the grounds for the objection.

C. If an appraisal is filed with the court pursuant to subsection B of this section, the court shall conduct a hearing to determine the fair market value of the property not sooner than thirty days after a copy of the notice of the appraisal is provided to each party pursuant to subsection B of this section, whether or not an objection to the appraisal is filed pursuant to subsection B, paragraph 3 of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party. After the hearing but before considering the merits of the partition action, the court shall determine the fair market value of the property and provide notice to the parties of the determination of value.
A.R.S. § 12-2263 — Arizona Code / Title 12 / Chapter 13 / Article 6 / Section 2263
12-2263 Admissibility in evidence of certified copies of documents on file with state and county officers
Status: in_force

12-2263. Admissibility in evidence of certified copies of documents on file with state and county officers

Certified copies, under the hands and official seals, if there are official seals, by all state and county officers of all documents properly on file with such officers, shall be received in evidence as the originals might be received.
A.R.S. § 12-143 — Arizona Code / Title 12 / Chapter 1 / Article 3 / Section 143
12-143 Payment of salaries and other expenses; providing facilities; judicial employees
Status: in_force

12-143. Payment of salaries and other expenses; providing facilities; judicial employees

A. The salary of a judge pro tempore shall be paid one-half by the state and one-half by the county to which such judge is assigned.

B. The sessions of the superior court presided over by a judge pro tempore shall be held wherever the county board of supervisors may direct, if approved by the chief justice of the supreme court. The expense for the court and other required facilities such as attendants, judicial employees, fuel, lights and supplies suitable and sufficient for the transaction of business shall be provided by the county.

C. Assignment of judicial employees to the court over which a judge pro tempore presides, such as any deputy clerk of the court, certified superior court reporter, bailiff, interpreter and adult probation officer, shall be made by the county.
A.R.S. § 12-885 — Arizona Code / Title 12 / Chapter 7 / Article 5 / Section 885
12-885 Seizure and sale of escheated property; disposal of proceeds; exception
Status: in_force

12-885. Seizure and sale of escheated property; disposal of proceeds; exception

A. A writ shall be issued to the sheriff or a constable of the county where the property is situated, commanding the sheriff or constable to seize the property vested in the state.

B. Except for personal property transferred to the Arizona state library, archives and public records under section 41-151.21, the officer shall dispose of the property at public auction in the manner provided by law for sale of property under execution.  The proceeds of the sale shall be paid to the department of revenue and deposited, pursuant to sections 35-146 and 35-147, into a clearing account from which payment of claims for the proceeds may be made.  The proceeds shall remain in the clearing account for twelve months and then shall be credited to the permanent state school fund.

C. The director of the department of revenue shall keep accounts and records of all such proceeds paid into the clearing account and of all such lands vested in the state.
A.R.S. § 12-557 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 557
12-557 Possessors of land; limited liability for trespasser harm
Status: in_force

12-557. Possessors of land; limited liability for trespasser harm

A. A possessor of real property, including an owner, easement holder, lessee, renter or other occupant, does not owe a duty of care to a trespasser except to refrain from causing intentional, wilful or wanton injury.

B. This section does not establish or increase the liability of any possessor of real property and does not affect any immunities from or defenses to liability established by statute or available at common law to which a possessor of real property may be entitled.
A.R.S. § 12-120.31 — Arizona Code / Title 12 / Chapter 1 / Article 1.3 / Section 120.31
12-120.31 Fees and costs; distribution
Status: in_force

12-120.31. Fees and costs; distribution

A. Fees and costs in the court of appeals shall be the same as supreme court fees and costs pursuant to section 12-119.01.

B. Fees charged by the court of appeals for electronic filing of documents and electronic access shall be the same amount as fees charged by the supreme court and are subject to the provisions of section 12-119.02.

C. The court of appeals shall retain 8.36 per cent of all of the monies it collects monthly pursuant to subsection A of this section. The retained monies shall be used to improve, maintain and enhance the ability to collect and manage monies assessed or received by the court, to improve court automation and to improve case processing or the administration of justice. The clerk of the court of appeals shall submit a plan to the supreme court that the supreme court shall approve before the court spends the retained monies.

D. Excluding the monies that are retained pursuant to subsection C of this section, the clerk of the court of appeals shall deposit, pursuant to sections 35-146 and 35-147, all monies collected pursuant to subsection A of this section as follows:

1. 19.42 per cent in the judicial collection enhancement fund established by section 12-113.

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

3. 46.22 per cent in the state general fund.
A.R.S. § 12-772 — Arizona Code / Title 12 / Chapter 6 / Article 17 / Section 772
12-772 Factual improper party status; judicial determination; procedure; definition
Status: in_force

12-772. Factual improper party status; judicial determination; procedure; definition

A. A person, or a party to the action on behalf of the person, may petition the superior court for a judicial determination of the person's factual improper party status if as a result of the person's personal identifying information being taken the person's name was entered as of record in a civil action or judgment.

B. The petition shall be filed in the superior court in the county in which the civil action was filed.

C. If the civil action was filed in a justice of the peace court, the justice of the peace shall make a certified copy of all docket entries and the record of the proceedings in the action and transmit it together with a certified copy of the bill of costs and the original papers in the action to the clerk of the superior court.

D. The petitioner shall serve the petition on all parties.

E. The court may conduct a hearing to determine the person's factual improper party status.

F. If the court finds by clear and convincing evidence that the person is not a proper party to the civil action or judgment as a result of the person's personal identifying information being taken the court shall find the person a factual improper party in that civil action or judgment.

G. The court shall notify the person and all parties of the court's finding.

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

I. For the purposes of this section, "personal identifying information" has the same meaning prescribed in section 13-2001.
A.R.S. § 12-3021 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3021
12-3021 Remedies; fees and expenses of arbitration proceeding
Status: in_force

12-3021. Remedies; fees and expenses of arbitration proceeding

A. An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.

B. An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration only if that award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.

C. As to all remedies other than those authorized by subsections A and B of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding.  The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 12-3022 or for vacating an award under section 12-3023.

D. An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.

E. If an arbitrator awards punitive damages or other exemplary relief under subsection A of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.
A.R.S. § 12-2041 — Arizona Code / Title 12 / Chapter 11 / Article 3 / Section 2041
12-2041 Action by attorney general; venue
Status: in_force

12-2041. Action by attorney general; venue

A. An action may be brought in the supreme court by the attorney general in the name of the state upon his relation, upon his own information or upon the verified complaint of any person, in cases where the supreme court has jurisdiction, or otherwise in the superior court of the county which has jurisdiction, against any person who usurps, intrudes into or unlawfully holds or exercises any public office or any franchise within this state.

B. The attorney general shall bring the action when he has reason to believe that any such office or franchise is being usurped, intruded into or unlawfully held or exercised.
A.R.S. § 12-1251 — Arizona Code / Title 12 / Chapter 8 / Article 9 / Section 1251
12-1251 Right of recovery; procedure
Status: in_force

12-1251. Right of recovery; procedure

A. A person having a valid subsisting interest in real property and a right to immediate possession thereof may recover the property by action against any person acting as owner, landlord or tenant of the property claimed.

B. The action shall be commenced and prosecuted as other civil actions.

C. The heirs or devisees may themselves, or jointly with the personal representative, maintain an action for possession of the real property, or to quiet title thereto against any person except the personal representative.

D. An action involving title or right to possession of real property belonging to the estate of decedent may be brought by or against the personal representative without joining the heirs.
A.R.S. § 12-1573 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1573
12-1573 Bond amount and conditions
Status: in_force

12-1573. Bond amount and conditions

If a garnishment is requested and no judgment has been entered, a writ shall not be issued until the judgment creditor executes and delivers to the court a bond payable to the judgment debtor in the amount of the debt claimed therein, conditioned that the judgment creditor will prosecute the action to effect and if return of the property is ordered he will, without delay, return the property together with reasonable interest, damages resulting from its taking and detention, costs and reasonable attorney fees in the action to the judgment debtor.
A.R.S. § 12-712 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 712
12-712 Affirmative defense; limitation; criminal act
Status: in_force

12-712. Affirmative defense; limitation; criminal act

A. In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was attempting to commit, committing or immediately fleeing from a felony criminal act and as a result of that act, attempted act or flight the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm.

B. In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the defendant did not act intentionally and that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was attempting to commit, committing or immediately fleeing from a misdemeanor criminal act and as a result of that act, attempted act or flight the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm.

C. Notwithstanding subsection A or B of this section, in any civil action, the finder of fact may find the defendant not liable if the defendant proves that the defendant did not act intentionally and that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was attempting to commit, committing or immediately fleeing from an act in violation of section 13-1802, subsection A, paragraph 7 or 8 and, as a result of that act, attempted act or flight, the claimant or decedent was in any way responsible for the accident or event that caused the claimant's or decedent's harm.
A.R.S. § 12-3009 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3009
12-3009 Initiation of arbitration; notice
Status: in_force

12-3009. Initiation of arbitration; notice

A. A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of an agreement, by certified mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action.  The notice must describe the nature of the controversy and the remedy sought.

B. Unless a person objects for lack or insufficiency of notice under section 12-3015, subsection C not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack or insufficiency of notice.
A.R.S. § 12-2505 — Arizona Code / Title 12 / Chapter 16 / Article 1 / Section 2505
12-2505 Comparative negligence; definition
Status: in_force

12-2505. Comparative negligence; definition

A. The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.

B. In this section, "claimant's fault" includes the fault imputed or attributed to a claimant by operation of law, if any.
A.R.S. § 12-820.08 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820.08
12-820.08 Potable water systems; standard of care
Status: in_force

12-820.08. Potable water systems; standard of care

With regard to actions for personal injury arising out of the use or consumption of water, water shall be deemed reasonably safe and fit for consumption and use if it complies with the more stringent of the primary maximum contaminant levels that are established either pursuant to title 49, chapter 2, article 9, or to the safe drinking water act (P.L. 93-523; 83 Stat. 1666; 42 United States Code section 201).
A.R.S. § 12-593 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 593
12-593 Duties of the director of the department of insurance and financial institutions and insurance companies
Status: in_force

12-593. Duties of the director of the department of insurance and financial institutions and insurance companies

A. The director of the department of insurance and financial institutions shall adopt rules:

1. For determining which insurers and assignees are financially qualified to provide and maintain the funding required under this article and to be designated as qualified insurers.

2. To require insurers to provide and maintain funding under section 12-587 if required by court order.

3. For publishing and revising a list of persons who have been designated by the director as qualified insurers.

B. The director shall annually review and evaluate the effectiveness of the system of periodic payments. If pursuant to such review and evaluation, the director determines that the system of periodic payments is effectively reducing the cost of medical malpractice tort claims for bodily injury, the director shall order appropriate actuarially justified rate adjustments based on those findings.

C. In order to qualify under this section, an insurance company shall:

1. Have at least an "A+" (superior) rating and a financial size category of VIII in the current edition of Best insurance reports as published by A. M. Best company.

2. Have no more than one ratio falling outside the usual range according to the current ratio published by the national association of insurance commissioners insurance regulatory information system.

3. Be licensed to do business in a state that has an applicable insurance guaranty fund of at least $100,000.

4. Meet any other standards that the director deems necessary to assure that funding will be provided and maintained. A qualified insurer may be a subsidiary of a parent insurance company if the parent insurance company qualifies as a qualified insurer and guarantees the obligation of the subsidiary.
A.R.S. § 12-120.08 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.08
12-120.08 Appointment of clerk; oath; compensation
Status: in_force

12-120.08. Appointment of clerk; oath; compensation

A. Each division shall appoint a clerk of the court and other required personnel, all of whom shall serve at the pleasure of the court.

B. The clerk of each division shall, before entering on the duties of his office, take the oath of office.

C. The clerk and other personnel shall receive compensation as determined pursuant to section 38-611.
A.R.S. § 12-323 — Arizona Code / Title 12 / Chapter 3 / Article 3 / Section 323
12-323 Certificate of admission to the practice of law; certified copies of papers; background investigation
Status: in_force

12-323. Certificate of admission to the practice of law; certified copies of papers; background investigation

A. The clerk of the supreme court shall receive the following fees:

1. For each certificate of admission to the practice of law, a fee pursuant to section 12-119.01.

2. For each certified copy of any record, any opinion of court or any paper or proceedings, for each folio, a fee pursuant to section 12-119.01.

B. The supreme court shall require each person who applies for certification or licensure to practice law 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 shall not exceed the actual cost of obtaining the applicant's criminal history record information.  Applicant criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety is authorized to exchange the submitted applicant fingerprint card information with the federal bureau of investigation for a national criminal history records check.
A.R.S. § 12-773 — Arizona Code / Title 12 / Chapter 6 / Article 17 / Section 773
12-773 Factual innocence; factual improper party; other remedies
Status: in_force

12-773. Factual innocence; factual improper party; other remedies

A. A proceeding pursuant to this article is in addition to any other procedure or remedy available to a victim of identity theft.

B. No person or creditor may require a victim of identity theft to file a petition pursuant to this article.
A.R.S. § 12-1150 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1150
12-1150 Admissibility of certain evidence before special master; effect of increased property value upon award
Status: reserved

12-1150. Admissibility of certain evidence before special master; effect of increased property value upon award

A. For the purpose of determining the value of the real property sought to be condemned and fixing just compensation therefor, the following evidence, in addition to other evidence which is relevant, material and competent, shall be admitted and considered relevant, material and competent by the special master:

1. Evidence that a building or improvement is unsafe or unsanitary or a public nuisance, or is in a state of disrepair, and of the cost to correct the condition, even though no action has been taken by local authorities to remedy the condition.

2. Evidence that any public body of the state, charged with the duty of abating or requiring the correction of nuisances or like conditions, or demolishing unsafe or unsanitary structures, issued an order directing the abatement or correction of such conditions existing with respect to the building or improvement or the demolition of the building or improvement, and of the cost which compliance with the order would entail.

3. Evidence of the last assessed valuation of the property for purposes of taxation and of affidavits or tax return made by the owner in connection with such assessment which reflect the value of the property, and income tax returns of the owner disclosing amounts deducted on account of obsolescence or depreciation of the property.

4. Evidence that the buildings and improvements are being used for illegal purposes or are so overcrowded as to be dangerous or injurious to the health, safety, morals or welfare of the occupants thereof, and the extent to which the rentals from such buildings or improvements are enhanced by reason of such use.

5. Evidence of the price and other terms upon a sale or the rent reserved and other terms of a lease or tenancy relating to the property or to similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the hearing.

B. The award of compensation shall not be increased by reason of an increase in the value of the property resulting from the public works project to be placed thereon.

C. No allowance shall be made for improvements begun on property after publication of the notice specified in section 12-1145, except upon good cause being shown.
A.R.S. § 12-2005 — Arizona Code / Title 12 / Chapter 11 / Article 1 / Section 2005
12-2005 Service of writ
Status: in_force

12-2005. Service of writ

A writ of certiorari shall be served in the same manner as a summons in a civil action, except when otherwise directed by the court.
A.R.S. § 12-1557 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1557
12-1557 Issuance of writ to several counties
Status: in_force

12-1557. Issuance of writ to several counties

A. A general execution may be issued to the sheriff of any county in the state, and executions may be issued at the same time, or different times, to different counties.

B. A special execution requiring sale of specific property, or delivery of real or personal property shall be issued to the sheriff of the county where the property, or some part thereof, is situated.
A.R.S. § 12-548 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 548
12-548 Contract in writing for debt; six year limitation; choice of law
Status: in_force

12-548. Contract in writing for debt; six year limitation; choice of law

A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following:

1. A contract in writing that is executed in this state.

2. A credit card as defined in section 13-2101, paragraph 3, subdivision (a).

B. If there is a conflict between another jurisdiction and this state relating to the statute of limitations for a debt action as described in subsection A of this section, this section applies.
A.R.S. § 12-1117 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1117
12-1117 Complaint
Status: in_force

12-1117. Complaint

The complaint shall set forth:

1. The name of the person asserting the public use for which the property is sought, as plaintiff.

2. The names of all owners and claimants of the property, if known, or a statement that they are unknown, as defendants.

3. A statement of the right of plaintiff.

4. If a right of way for a road, ditch, canal or other purpose is sought, the location and general route, accompanied with a map thereof.

5. A description of each piece of land sought to be taken, and whether the land includes the whole or only a part of an entire parcel or tract.
A.R.S. § 12-2322 — Arizona Code / Title 12 / Chapter 13 / Article 10 / Section 2322
12-2322 Audit report; contents
Status: in_force

12-2322. Audit report; contents

A. Except for an item described in section 12-2326, an audit report shall include each document and communication that is created for an audit to evaluate an organization's compliance with a health or safety law or an industry standard of excellence with respect to safety, reliability or training.

B. An audit report may include the following:

1. A report prepared by an auditor, consultant, monitor or other individual acting in a similar role, which may include:

(a) A description of the scope of the audit.

(b) The information gained in the audit and findings, conclusions and recommendations.

(c) Exhibits and appendices.

2. Memoranda and documents that analyze all or a portion of the materials described by subsection C, paragraph 1 of this section or that discuss implementation issues.

3. An implementation plan or tracking system to correct past noncompliance, improve current compliance or prevent future noncompliance.

4. An evaluation, assessment or accreditation of an organization's facilities, operations or training programs relative to that industry's standards of excellence in safety, reliability or training.

C. The types of exhibits and appendices that may be contained in an audit report include supporting information that is collected or developed for the primary purpose of and gathered in the course of a health or safety audit, including:

1. Interviews with current or former employees.

2. Field notes and records of observations.

3. Findings, opinions, suggestions, conclusions, guidance, notes, drafts and memoranda.

4. Legal analyses.

5. Drawings.

6. Photographs.

7. Laboratory analyses and other analytical data.

8. Computer generated or electronically recorded information.

9. Maps, charts, graphs and surveys.

10. Other communications associated with a health or safety audit.

D. To facilitate identification, each document in an audit report may be labeled "compliance report:  privileged document" or with words of similar import.  The failure to label a document does not constitute a waiver of the audit privilege or create a presumption that the privilege does or does not apply.

E. An audit shall be completed within a reasonable time not to exceed six months from when it is begun, unless an extension is based on reasonable grounds.
A.R.S. § 12-1633 — Arizona Code / Title 12 / Chapter 9 / Article 8 / Section 1633
12-1633 Payment to officer by third party; discharge; citation to third party
Status: in_force

12-1633. Payment to officer by third party; discharge; citation to third party

A. After issuance of an execution, any person indebted to the judgment debtor may pay to the officer holding the writ the amount of his debt or so much thereof as is necessary to satisfy the execution. The officer's receipt shall be a sufficient discharge for the amount so paid.

B. If it appears to the court, by affidavit or otherwise, that any person has property of the judgment debtor or is indebted to him in an amount exceeding fifty dollars, the court may order such person to appear at a specified time and place, before it or a referee, and answer concerning such indebtedness.
A.R.S. § 12-2222 — Arizona Code / Title 12 / Chapter 13 / Article 3 / Section 2222
12-2222 Officers authorized to administer oaths
Status: in_force

12-2222. Officers authorized to administer oaths

Every executive and judicial officer, clerk or deputy clerk of courts of record, those clerks of a justice or municipal court as authorized by the court and all notaries public may administer and certify oaths required to be administered or taken under any law of this state. Other officers or deputies may administer oaths which pertain to the duties of their office.
A.R.S. § 12-1806 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1806
12-1806 Limitations on injunction to stay execution on judgments
Status: in_force

12-1806. Limitations on injunction to stay execution on judgments

A. An injunction to stay an execution upon a valid and subsisting judgment shall not be granted after expiration of one year from the rendition of the judgment, unless it appears that an application for the injunction has been delayed in consequence of the fraud or false promises of the party recovering the judgment, practiced or made at the time of, or after rendition of the judgment, or unless for some equitable matter or defense arising after rendition of such judgment.

B. If the applicant was absent from the state at the time the judgment was rendered, and was unable to apply for the injunction within the time provided in subsection A, of this section, the injunction may be granted at any time within two years from rendition of the judgment.
A.R.S. § 12-116.11 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.11
12-116.11 Assessment; drag racing prevention enforcement fund
Status: in_force

12-116.11. Assessment; drag racing prevention enforcement fund

A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of $1,000 on every fine, penalty and forfeiture imposed and collected by the courts for a violation of section 28-708.

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

C. The city, town or county treasurer shall transmit the assessments to the state treasurer.  The state treasurer shall deposit the assessments in the drag racing prevention enforcement fund established by section 28-603.
A.R.S. § 12-715 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 715
12-715 Donation of fire or emergency medical services equipment; exemption from civil liability; definition
Status: in_force

12-715. Donation of fire or emergency medical services equipment; exemption from civil liability; definition

A. A person, a public entity or any other legal entity that makes a good faith donation of used or excess fire control, fire rescue or emergency medical services equipment to a fire department, fire district or volunteer fire department and that at the time of making the donation believes that the equipment is serviceable is not liable for damages in any civil action for any injury or death due to the condition of the equipment unless the injury or death is a direct result of the intentional misconduct, gross or ordinary negligence of the donor. This subsection also applies to equipment that is acquired through the federal excess personal property program established by the federal property and administrative services act of 1949 (P.L. 81-152; 63 Stat. 377; 40 United States Code section 483).

B. A fire department, fire district or volunteer fire department that in good faith receives a donation of serviceable fire control, fire rescue or emergency medical services equipment and that at the time of the donation reasonably believes that the equipment is serviceable is not liable for damages in any civil action for any injury or death due to the condition of the equipment unless the injury or death is a direct result of the intentional misconduct or gross negligence of the fire department, fire district or volunteer fire department. After placing the donated equipment into service, a fire department, fire district or volunteer fire department shall maintain the donated equipment in a safe and serviceable manner.

C. For the purposes of this section, "fire control, fire rescue or emergency medical services equipment" means any vehicle, fire fighting tool, protective clothing, breathing apparatus and other supplies and tools that are used in fire fighting, fire rescue or emergency medical services.
A.R.S. § 12-716 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 716
12-716 Injury during criminal acts; civil actions; presumptions; definitions
Status: in_force

12-716. Injury during criminal acts; civil actions; presumptions; definitions

A. If the court finds by a preponderance of the evidence that a plaintiff is harmed while the plaintiff is attempting to commit, committing or fleeing after having committed or attempted to commit a felony criminal act or if a person intentionally or knowingly caused temporary but substantial disfigurement or temporary but substantial impairment of any body organ or part or a fracture of any body part of another person, the following presumptions apply to any civil liability action or claim:

1. A victim or peace officer is presumed to be acting reasonably if the victim or peace officer threatens to use or uses physical force or deadly physical force or a police tool product to either:

(a) Protect himself or another person against another person's use or attempted use of physical force or deadly physical force.

(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.

2. This state or a political subdivision of this state is presumed to have reasonably hired and trained its peace officers to use physical force or deadly physical force if a peace officer threatens to use or uses physical force or deadly physical force to either:

(a) Protect himself or another person against another person's use or attempted use of physical force or deadly physical force.

(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.

3. The police tool product that caused the physical harm and any accompanying warning or instruction are presumed not to be defective and the manufacturer of police tools is presumed not to be negligent if, before the sale by the manufacturer, the product either:

(a) Conforms with the generally recognized state of the art applicable to the safety and warnings of the product at the time the product was designed, manufactured, packaged and labeled.

(b) Complies with any applicable code, standard, regulation or specification that is established, adopted, promulgated or approved by the United States or this state or any agency of the United States or this state.

B. If a party files a motion to dismiss or a motion for summary judgment pursuant to this section and the court grants the motion, the court shall award the moving party costs and attorney fees.

C. For the purposes of this section:

1. "Costs" means all costs that are reasonably incurred in connection with the motion, including filing fees, record preparation and document copying fees, time away from employment, expert witness fees, travel expenses and any other costs that the court deems appropriate.

2. "Plaintiff" includes the heir or estate of a deceased person who was attempting to commit, committing or fleeing after having committed or attempting to commit a felony or misdemeanor criminal act or was under the influence of an intoxicating liquor or a drug.

3. "Police tool product" means any weapon, safety equipment or product that is used by law enforcement.
A.R.S. § 12-114 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 114
12-114 Surcharge on court authorized diversion programs for traffic offenses; deposit
Status: in_force

12-114. Surcharge on court authorized diversion programs for traffic offenses; deposit

A. If a court authorizes individuals charged with civil or criminal traffic offenses to attend a court authorized diversion program, including a defensive driving school program, it shall require the assessment of a nine dollar surcharge on the fees charged by the court authorized diversion programs.  The surcharge applies to every individual who attends a court authorized diversion program, including an individual who holds a commercial driver license.

B. A court or a court authorized diversion program shall collect the nine dollar surcharge and remit the surcharge to the supreme court which shall deposit, pursuant to sections 35-146 and 35-147, five dollars of the surcharge in the judicial collection enhancement fund and the remaining four dollars in the peace officer training equipment fund established by section 41-1731.
A.R.S. § 12-556 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 556
12-556 Limited liability; closed-course motor sport facility owners, lessors and operators; definitions
Status: in_force

12-556. Limited liability; closed-course motor sport facility owners, lessors and operators; definitions

A. A person who operates a closed-course motor sport facility may require a nongeneral spectator to sign a motor sport liability release form as a condition of admission into any nongeneral spectator area of the facility. A person or entity that owns, leases or operates a closed-course motor sport facility or that sponsors the motor sport event is not liable for an injury to or the death of a nongeneral spectator, unless the injury or death is a direct result of intentional misconduct or gross negligence, if the nongeneral spectator both:

1. Signed a motor sport liability release form.

2. Was injured within a nongeneral spectator area during the period of time covered by the motor sport liability release form.

B. A motor sport liability release form shall be in at least eight point type. More than one person may sign a motor sport liability release form if the release form appears on each page or side of a page that is signed.

C. For the purposes of this section:

1. "Closed-course motor sport facility" means a closed-course speedway or racetrack that is designed and intended for motor vehicle competition, exhibitions of speed or other forms of recreation involving the use of motor vehicles.

2. "Motor vehicle" means an automobile, motorcycle or other vehicle that is propelled by power, other than muscular power, that is used to transport persons and that operates within the confines of a closed-course motor sport track.

3. "Nongeneral spectator" means an event participant or attendee who seeks admission into the nongeneral spectator area.

4. "Nongeneral spectator area" means a posted area within a closed-course motor sport facility to which all of the following apply:

(a) Admission to the area is conditioned on signing a motor sport liability release form.

(b) The area is intended for event participants.

(c) The area excludes the general spectator area. For the purposes of this subdivision, "general Spectator area" means an area within a closed-course motor sport facility that is open to the general public, whether or not admission is charged, and to which the general public has unrestricted access, including grandstands and other general admission seating or viewing areas.

5. "Posted" means a nongeneral spectator area:

(a) That is enclosed by a fence or wall at least six feet high in all areas where nonparticipants may gain entry and at least three feet high in any other area.

(b) In which signs with lettering at least four inches high reading "nongeneral spectator area" are displayed not more than five hundred feet from the entrance to the nongeneral spectator area and at each entrance to the nongeneral spectator area.

6. "Release" means a document that a nongeneral spectator signs before entering a nongeneral spectator area in a closed-course motor sport facility and that acknowledges that the nongeneral spectator is aware of the inherent risks associated with the nongeneral spectator's activities, is willing and able to accept full responsibility for the spectator's own safety and welfare and releases the owner or entity that owns, leases or operates the facility or that sponsors the motor sport event from liability pursuant to subsection A.
A.R.S. § 12-861 — Arizona Code / Title 12 / Chapter 7 / Article 4 / Section 861
12-861 Criminal contempt defined
Status: in_force

12-861. Criminal contempt defined

A person who wilfully disobeys a lawful writ, process, order or judgment of a superior court by doing an act or thing therein or thereby forbidden, if the act or thing done also constitutes a criminal offense, shall be proceeded against for contempt as provided in sections 12-862 and 12-863.
A.R.S. § 12-1564 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1564
12-1564 Indemnification of officer for levy; recovery of costs
Status: in_force

12-1564. Indemnification of officer for levy; recovery of costs

If there is a reasonable doubt about the equity interest of a judgment debtor in any property or the liability for the seizure of the property on execution, the officer may require sufficient security from the judgment creditor to indemnify the officer. If security is not provided, the officer is not liable for failing to levy on the property. If the judgment creditor deposits sufficient security to indemnify the officer taking the property, he shall recover from the judgment debtor, together with the costs of the execution, the reasonable costs of the indemnity deposited.
A.R.S. § 12-805 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 805
12-805 Precedence of action; reputation of place as evidence; dismissal; substitution of plaintiffs; costs
Status: in_force

12-805. Precedence of action; reputation of place as evidence; dismissal; substitution of plaintiffs; costs

A. When the action described in section 12-803 is filed, it shall have precedence over all actions except criminal proceedings, election contests and hearings on injunctions.

B. In the action, evidence of the general reputation of the building or place shall be admissible for the purpose of proving existence of the nuisance.

C. If the complaint is filed by a citizen, it shall not be dismissed by plaintiff or for want of prosecution except upon a sworn statement made by plaintiff and his attorney, if any, setting forth the reasons why the action should be dismissed. The dismissal may be ordered by the court.

D. In case of failure to prosecute the action with reasonable diligence, or at the request of plaintiff, the court, in its discretion, may substitute any citizen consenting thereto for plaintiff.

E. If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, costs shall be taxed against the citizen.
A.R.S. § 12-1338 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1338
12-1338 Trial and burden of proof
Status: in_force

12-1338. Trial and burden of proof

A. The proceedings on the trial shall be as in other cases before such courts, as nearly as practicable.

B. If the property was taken from possession of the claimant, the burden of proof shall be on plaintiff. If it was taken from possession of defendant in the writ or any other person than claimant the burden of proof shall be on claimant.
A.R.S. § 12-168 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 168
12-168 Proceedings
Status: in_force

12-168. Proceedings

A. Proceedings before the court are original, independent proceedings and shall be tried de novo.

B. If an action is an appeal from an order or determination of an administrative agency, the action shall be an original proceeding in the nature of a suit to set aside the order or determination.
A.R.S. § 12-524 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 524
12-524 City lot claimed under recorded deed; five year limitation
Status: in_force

12-524. City lot claimed under recorded deed; five year limitation

An action to recover a lot located in a city or town from a person having a recorded deed therefor, who claims ownership and has paid the taxes thereon, shall be brought within five years after the cause of action accrues, and not afterward, provided that the person against whom the action is brought, by himself or his grantors, has claimed ownership thereof and has paid the taxes thereon for at least five consecutive years next preceding the commencement of such action.
A.R.S. § 12-170 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 170
12-170 Decisions; judgment; appeal
Status: in_force

12-170. Decisions; judgment; appeal

A. The tax court, except when it is sitting as a small claims tax court, shall render its decision in writing and, on its own motion or at the request of a party, include a concise statement of the facts found and the conclusions of law reached by the court.

B. In its judgment the court shall grant the relief, invoke the remedies and issue any orders which are appropriate to its decision.

C. The judgment is final unless within thirty days after the entry of the judgment a notice of appeal is filed with the clerk of the tax court. The appeal shall be heard by a department of division 1 of the court of appeals designated by the chief judge of the division pursuant to section 12-120.04.
A.R.S. § 12-682 — Arizona Code / Title 12 / Chapter 6 / Article 9 / Section 682
12-682 Limitation
Status: in_force

12-682. Limitation

The previously existing common law of products liability is modified only to the extent specifically stated in this article and section 12-551.
A.R.S. § 12-901 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 901
12-901 Definitions
Status: in_force

12-901. Definitions

In this article, unless the context otherwise requires:

1. "Administrative agency" or "agency" means every agency, board, commission, department or officer authorized by law to exercise rule-making powers or to adjudicate contested cases, whether created by constitutional provision or legislative enactment.  Except as provided in section 33-1905, administrative agency or agency does not include an agency in the judicial or legislative departments of the state government, any political subdivision or municipal corporation or any agency of a political subdivision or municipal corporation.

2. "Administrative decision" or "decision" means any decision, order or determination of an administrative agency that is rendered in a case, that affects the legal rights, duties or privileges of persons and that terminates the proceeding before the administrative agency.  In all cases in which a statute or a rule of the administrative agency requires or permits an application for a rehearing or other method of administrative review, and an application for a rehearing or review is made, no administrative decision of such agency is final as to the party applying for the rehearing or review until the rehearing or review is denied or the decision on rehearing or review is rendered.  Administrative decision or decision does not include either:

(a) Rules, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it unless the rule, standard or statement of policy is involved in a proceeding before the agency and its applicability or validity is in issue in the proceeding.

(b) Rules concerning the internal management of the agency and not affecting private rights or interests.
A.R.S. § 12-510 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 510
12-510 Exemption of state from limitations
Status: in_force

12-510. Exemption of state from limitations

Except as provided in section 12-529, the state shall not be barred by the limitations of actions prescribed in this chapter.
A.R.S. § 12-2804 — Arizona Code / Title 12 / Chapter 19 / Article 1 / Section 2804
12-2804 Public records
Status: in_force

12-2804. Public records

A. Information and records held by a state agency or a local health authority relating to genetic testing information are confidential and are exempt from the public copying and inspection requirements of title 39, chapter 1, article 2.

B. A state agency or a local health authority shall not release or make available to the public genetic testing information and records.
A.R.S. § 12-109 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 109
12-109 Rules and administrative orders of pleading, practice and procedure; adoption; prohibitions; electronic signatures; distribution
Status: in_force

12-109. Rules and administrative orders of pleading, practice and procedure; adoption; prohibitions; electronic signatures; distribution

A. The supreme court, by rules or administrative orders, shall regulate pleading, practice and procedure in judicial proceedings in all courts of this state to simplify pleading, practice and procedure and promote speedy determination of litigation on its merits.

B. The rules and administrative orders shall not do any of the following:

1. Abridge, enlarge or modify substantive rights of a litigant.

2. Abridge, enlarge or modify statutory, contractual or common law real property rights or questions of substantive law.

C. The court may allow documents that require a sworn written declaration, verification, certificate, statement, oath or affidavit to be signed with an electronic signature.

D. The supreme court shall print and distribute the rules and administrative orders to all members of the state bar and to all other persons who apply.

E. The rules shall not become effective until sixty days after distribution.
A.R.S. § 12-972 — Arizona Code / Title 12 / Chapter 7 / Article 10 / Section 972
12-972 Liability for emergency services
Status: in_force

12-972. Liability for emergency services

A. A person is liable to this state or a political subdivision of this state for extraordinary emergency services which are reasonably required as a result of the person's negligence or intentional misconduct in the use, storage or transportation of hazardous materials, hazardous substances or hazardous waste.

B. The provisions of this article shall not be construed as to limit the liability of any person under other provisions of law.
A.R.S. § 12-1626 — Arizona Code / Title 12 / Chapter 9 / Article 7 / Section 1626
12-1626 Sale of real property and rights of purchaser; delivery and recording of certificate of sale
Status: in_force

12-1626. Sale of real property and rights of purchaser; delivery and recording of certificate of sale

A. Upon a sale of real property, the purchaser is substituted to and acquires all the right, title, interest and claim of the judgment debtor thereto.

B. When the estate is less than a leasehold of two years unexpired time, the sale is absolute. In all other cases, including sales under order of court in foreclosure suits, the property is subject to redemption.

C. The officer shall give to the purchaser a certificate of sale, setting forth a full description of the real property sold, the price bid and paid for each parcel if sold in lots or parcels and whether subject to redemption or not.

D. A duplicate of the certificate shall be recorded by the officer in the office of the county recorder.
A.R.S. § 12-3024 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3024
12-3024 Modification or correction of award
Status: in_force

12-3024. Modification or correction of award

A. On motion made within ninety days after the movant receives notice of the award pursuant to section 12-3019 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 12-3020, the court shall modify or correct the award if either:

1. There was an evident mathematical miscalculation or an evident mistake in the description of a person or thing or property referred to in the award.

2. The arbitrator made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision on the claims submitted.

3. The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

B. If a motion made under subsection A of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.

C. A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
A.R.S. § 12-1341 — Arizona Code / Title 12 / Chapter 8 / Article 13 / Section 1341
12-1341 Release of officer; other levies
Status: in_force

12-1341. Release of officer; other levies

A. A claim made to property under this article shall operate as a release of all damages by claimant against the officer who levied upon the property.

B. Proceedings for the trial of the right of property shall not prevent plaintiff in the writ from having a levy made upon other property of defendant in the writ.
A.R.S. § 12-166 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 166
12-166 Commencement of proceedings
Status: in_force

12-166. Commencement of proceedings

Except as provided in this article, proceedings in the tax court shall be governed by the rules of civil procedure in the superior court.
A.R.S. § 12-820.03 — Arizona Code / Title 12 / Chapter 7 / Article 2 / Section 820.03
12-820.03 Affirmative defense; resolution by trial
Status: in_force

12-820.03. Affirmative defense; resolution by trial

A. A public entity or a public employee is not liable for an injury arising out of a plan or design for construction or maintenance of or improvement to transportation facilities, including highways, roads, streets, bridges or rights-of-way, if the plan or design is prepared in conformance with generally accepted engineering or design standards in effect at the time of the preparation of the plan or design and the public entity or public employee gives to the public a reasonably adequate warning of any unreasonably dangerous condition.

B. If a genuine issue of material fact exists as to whether the public entity or public employee has met the requirements of subsection A of this section, the issue shall be resolved by a trial before and separate and apart from a trial on damages.
A.R.S. § 12-161 — Arizona Code / Title 12 / Chapter 1 / Article 4 / Section 161
12-161 Definition of tax court
Status: in_force

12-161. Definition of tax court

A. In this chapter, unless the context otherwise requires, "tax court" means the tax department of the superior court in Maricopa county when exercising the original jurisdiction of the superior court over cases of equity and at law which involve the legality of any tax, impost or assessment.

B. This court shall be known as the Arizona tax court.
A.R.S. § 12-1643 — Arizona Code / Title 12 / Chapter 9 / Article 9 / Section 1643
12-1643 Subrogation of surety to rights of judgment creditor; execution against debtor
Status: in_force

12-1643. Subrogation of surety to rights of judgment creditor; execution against debtor

A. When a person who is surety on an undertaking is compelled to pay a judgment or part thereof, or makes a payment upon a judgment by reason of suretyship, such judgment shall not be discharged by such payment but shall remain in force for the use of the surety and shall be considered as assigned to the surety together with all rights of the creditor thereunder to the extent of the payment made by the surety, and interest thereon.

B. The surety may have execution issued on the judgment in the name of the creditor for use of such surety against the principal debtor for the full amount of the payment, interest thereon, and all costs.

C. The execution shall be issued upon the application of the surety to the clerk or court, and shall be levied, collected and returned as in other cases.
A.R.S. § 12-348.01 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 348.01
12-348.01 Recovery of attorney fees; governmental entities
Status: in_force

12-348.01. Recovery of attorney fees; governmental entities

Notwithstanding section 12-348, in addition to any costs that are awarded by statute, if an agency, department, board or commission of this state, a city, town or county, governmental officer acting in the officer's official capacity or an association whose membership is primarily composed of governmental entities files a lawsuit against this state, or an agency, department, board or commission of this state, a city, town or county, governmental officer acting in the officer's official capacity or an association whose membership is primarily composed of governmental entities, the court shall award reasonable attorney fees to the successful party in the action.
A.R.S. § 12-1597 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1597
12-1597 Mailing; receipt; presumptions
Status: in_force

12-1597. Mailing; receipt; presumptions

A. For the purposes of this article, it is presumed that a document has been received five days after it is mailed as provided in section 12-1570, paragraph 1, subdivision (b).

B. For the purposes of the article, if a party to the garnishment action mails a document to the address contained in the writ or to the most recent address contained in the party's records, it is presumed that the party has complied with the good faith requirement of section 12-1570, paragraph 1, subdivision (b).

C. For the purposes of this article, delivery as defined by section 12-1570, paragraph 1, subdivision (b) shall not be deemed service by mail.
A.R.S. § 12-527 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 527
12-527 Effect of limitation on title
Status: in_force

12-527. Effect of limitation on title

When an action for recovery of real property is barred by any provision of this article, the person who pleads and is entitled to the bar shall be held to have full title precluding all claims.
A.R.S. § 12-1172 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1172
12-1172 Definition of forcible entry
Status: in_force

12-1172. Definition of forcible entry

A "forcible entry," or an entry where entry is not given by law within the meaning of this article, is:

1. An entry without the consent of the person having the actual possession.

2. As to a landlord, an entry upon the possession of his tenant at will or by sufferance, whether with or without the tenant's consent.
A.R.S. § 12-282 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 282
12-282 Custody of records filed; purging; destruction; microphotography; electronic imaging; evidence; withdrawal of voucher; exemption; child support information
Status: in_force

12-282. Custody of records filed; purging; destruction; microphotography; electronic imaging; evidence; withdrawal of voucher; exemption; child support information

A. The clerk shall keep custody in the clerk's county, and shall take charge of and safely keep and dispose of according to court rules all records which may be filed or deposited in custody.

B. The clerk may destroy all documents, records, instruments, books, papers, depositions, exhibits and transcripts in any action or proceeding in the superior court, or otherwise filed or deposited in custody pursuant to rules established by the supreme court.

C. The clerk shall notify the director of the Arizona state library, archives and public records of records designated for destruction and shall provide these records to the director pursuant to court rules.

D. A photographic or electronic reproduction or image of any of the records described in this section, which has been certified by the clerk in charge of such reproduction or imaging 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.  A state or local agency shall accept any of the records under this subsection as a registration of a record or a procedure if the agency receives the record from the clerk of the superior court through electronic transmission and the electronically reproduced document states that the copy received is a full, true and correct copy of the original on file with the clerk of the court.

E. Any voucher filed in support of an account by a trustee, a personal representative or any litigant may be withdrawn if a certified copy is retained on file.  Pursuant to court rules the clerk may destroy the voucher or, if requested to do so, may deliver the voucher to the trustee, personal representative or litigant. No notification is necessary prior to destruction of such vouchers.

F. Records destroyed pursuant to section 8-349 are exempt from this section.

G.  The clerk shall provide information on both parents and each child in a child support case to the child support case registry established pursuant to section 46-442.  The information shall be in a format prescribed by the department of economic security and shall include the following:

1. The full name of each parent and child.

2. The social security number or any other uniform identification numbers of each parent and child.

3. The date of birth of each parent and child.

4. Any case identification number.

5. Any other information required by the United States secretary of health and human services.

H. The clerk shall provide the information required in subsection G of this section for child support cases with a support order established, modified or registered in this state on or after October 1, 1998.  The clerk shall provide the information to the child support case registry established pursuant to section 46-442 within ten days after the order is entered or the information is updated.  The information shall be provided by electronic, magnetic or other means as prescribed by the department of economic security.
A.R.S. § 12-551 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 551
12-551 Product liability
Status: in_force

12-551. Product liability

A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.
A.R.S. § 12-266 — Arizona Code / Title 12 / Chapter 2 / Article 7 / Section 266
12-266 Administrative personnel
Status: in_force

12-266. Administrative personnel

The supreme court may employ such personnel as it deems necessary to carry out the duties of this article.
A.R.S. § 12-714 — Arizona Code / Title 12 / Chapter 6 / Article 12 / Section 714
12-714 Actions against firearm manufacturers; prohibition; findings; definitions
Status: in_force

12-714. Actions against firearm manufacturers; prohibition; findings; definitions

A. A political subdivision of this state shall not commence a qualified civil liability action in any Arizona court.

B. The legislature finds that:

1. The citizens of this state have the right, under the second amendment to the United States Constitution and article 2, section 26 of the Arizona Constitution, to keep and bear arms.

2. Lawsuits have been commenced against the manufacturers, distributors, dealers and importers of nondefective firearms for the harm caused by the misuse of firearms by third parties, including criminals.

3. Businesses in the United States that are engaged in the lawful sale to the public of firearms or ammunition are not, and should not be liable for the harm caused by those who unlawfully misuse firearms or ammunition.

4. The possibility of imposing liability on an entire industry for harm that is the sole responsibility of others is an abuse of the legal system, threatens the diminution of a basic constitutional right and constitutes an unreasonable burden on the free enterprise system.

5. The liability actions commenced by political subdivisions are based on theories without foundation in the common law and American jurisprudence. Such an expansion of liability would constitute a deprivation of the rights, privileges and immunities guaranteed to citizens of this state under both the Constitution of Arizona and the United States Constitution.

C. As used in this section:

1. "Manufacturer" means, with respect to a qualified product:

(a) A person who is engaged in a business to import, make, produce, create or assemble a qualified product and who designs or formulates, or has engaged another person to design or formulate, a qualified product.

(b) A seller of a qualified product, but only with respect to an aspect of the product that is made or affected when the seller makes, produces, creates or assembles and designs or formulates an aspect of the product made by another person.

(c) Any seller of a qualified product who represents to a user of a qualified product that the seller is a manufacturer of the qualified product.

2. "Qualified civil liability action" means a civil action brought by a political subdivision against a manufacturer or seller of a qualified product or a trade association, for damages resulting from the criminal or unlawful misuse of a qualified product by a third party. Qualified civil liability action does not include an action brought against a transferor convicted under 18 United States Code section 924(h) or section 13-3102, subsection A, paragraph 14, by a party directly harmed by the conduct of which the transferee is convicted.

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

4. "Seller" means, with respect to a qualified product, a person who either:

(a) In the course of a business conducted for that purpose sells, distributes, rents, leases, prepares, blends, packages, labels or otherwise is involved in placing a qualified product in the stream of commerce.

(b) Installs, repairs, refurbishes, reconditions or maintains an aspect of a qualified product that is alleged to have resulted in damages.

5. "Trade association" means any association or business organization, whether or not incorporated under federal or state law, two or more members of which are manufacturers or sellers of a qualified product.
A.R.S. § 12-311 — Arizona Code / Title 12 / Chapter 3 / Article 2 / Section 311
12-311 Filing, appearance, judgment and decree fees
Status: in_force

12-311. Filing, appearance, judgment and decree fees

At the commencement of each action or proceeding, except as otherwise provided by law, the plaintiff shall pay to the clerk of the superior court a fee pursuant to section 12-284. The defendant, on his appearance, shall pay to the clerk a fee pursuant to section 12-284. Each defendant appearing by different counsel than his codefendant or codefendants, and answering separately, shall also pay a fee pursuant to section 12-284. Such fees shall include all fees to be paid, exclusive of fees for copies and for certifying.
A.R.S. § 12-102.04 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 102.04
12-102.04 Fleet management; vehicle replacement rate; state court fleet operations and replacement fund; exemption
Status: in_force

12-102.04. Fleet management; vehicle replacement rate; state court fleet operations and replacement fund; exemption

A. The supreme court may lease or purchase motor vehicles for use by court personnel in conducting business activities in furtherance of the supreme court's administrative supervision over all courts of this state, including the provision of adult and juvenile probation services.  The supreme court is exempt from title 38, chapter 3, article 10 relating to vehicle markings.

B. The supreme court shall recover all costs for fleet operation services. The supreme court shall pay from available monies the cost of fleet operation services and replacements at a rate that is similar to the rate established by the director of the department of transportation pursuant to section 28-472, subsection E, including a separate vehicle replacement rate for motor vehicle replacements. The supreme court shall deposit, pursuant to sections 35-146 and 35-147, monies received for fleet operation services and vehicle replacement in the state court fleet operations and replacement fund established by subsection C of this section.

C. The state court fleet operations and replacement fund is established consisting of the proceeds from sales of the supreme court's surplus motor vehicles, monies received pursuant to subsection B of this section and legislative appropriations. The fund is a special state fund pursuant to section 35-142, subsection A, paragraph 8.  The supreme court shall administer the fund.  Monies in the fund do not revert to the state general fund, are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 12-349 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 349
12-349 Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
Status: in_force

12-349. Unjustified actions; attorney fees, expenses and double damages; exceptions; definition

A. Except as otherwise provided by and not inconsistent with another statute, in any civil action commenced or appealed in a court of record in this state, the court shall assess reasonable attorney fees, expenses and, at the court's discretion, double damages of not to exceed five thousand dollars against an attorney or party, including this state and political subdivisions of this state, if the attorney or party does any of the following:

1. Brings or defends a claim without substantial justification.

2. Brings or defends a claim solely or primarily for delay or harassment.

3. Unreasonably expands or delays the proceeding.

4. Engages in abuse of discovery.

B. The court may allocate the payment of attorney fees among the offending attorneys and parties, jointly or severally, and may assess separate amounts against an offending attorney or party.

C. Attorney fees shall not be assessed if after filing an action a voluntary dismissal is filed for any claim or defense within a reasonable time after the attorney or party filing the dismissal knew or reasonably should have known that the claim or defense was without substantial justification.

D. This section does not apply to the adjudication of civil traffic violations or to any proceedings brought by this state pursuant to title 13.

E. Notwithstanding any other law, this state and political subdivisions of this state may be awarded attorney fees pursuant to this section.

F. For the purposes of this section, "without substantial justification" means that the claim or defense is groundless and is not made in good faith.
A.R.S. § 12-1570 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1570
12-1570 Definitions
Status: in_force

12-1570. Definitions

In this article, unless the context otherwise requires:

1. "Deliver" means any of the following:

(a) To hand deliver.

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

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

2. "Exempt monies or property" means monies or property that, pursuant to a state or federal law, is not subject to judicial process, including execution, attachment, garnishment, replevin, sale or any final process issued from any court or any other judicial remedy provided for the collection of debts.

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

4. "Judgment creditor" means a person or entity that has a money judgment or an order for support of a person that is due and unpaid or an order pursuant to chapter 14 of this title allowing him to garnish monies, personal property or shares of stock before final judgment on the underlying action.

5. "Judgment debtor" means a person or entity against which a money judgment has been awarded or against which an order for support of a person is due and unpaid or against which an order pursuant to chapter 14 of this title has been entered.

6. "Monies" includes cash, credit and accounts, but does not include earnings as defined in section 12-1598, paragraph 4.

7. "Nonexempt monies or property" means monies or property which are not restricted by law from judicial process.

8. "Personal property" means all property and interests to which a security interest may be perfected pursuant to title 47, chapter 9, except accounts.

9. "Receipt" means actually received.
A.R.S. § 12-1837 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1837
12-1837 Review
Status: in_force

12-1837. Review

All orders, judgments and decrees under this article may be reviewed as other orders, judgments and decrees.
A.R.S. § 12-142 — Arizona Code / Title 12 / Chapter 1 / Article 3 / Section 142
12-142 Qualifications of judge pro tempore; residence; salary; exclusion from retirement provisions
Status: in_force

12-142. Qualifications of judge pro tempore; residence; salary; exclusion from retirement provisions

A. A judge pro tempore of the superior court shall be:

1. Not less than thirty years of age.

2. Of good moral character.

3. Admitted to the practice of law in this state for not less than five years next preceding his appointment.

4. A resident of this state for not less than five years next preceding his appointment.

B. A judge pro tempore may be appointed to serve in the county of his residence or in a county of which he is not a resident.

C. The salary of a judge pro tempore shall be paid for the period of the appointment based on an annual salary equal to that of a superior court judge. A judge pro tempore may agree in advance to donate any or all of his services.

D. Judges pro tempore are not subject to any provision of law relating to the retirement of judges.
A.R.S. § 12-542 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 542
12-542 Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation
Status: in_force

12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:

1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.

2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.

3. For trespass for injury done to the estate or the property of another.

4. For taking or carrying away the goods and chattels of another.

5. For detaining the personal property of another and for converting such property to one's own use.

6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.
A.R.S. § 12-1131 — Arizona Code / Title 12 / Chapter 8 / Article 2.1 / Section 1131
12-1131 Property may be taken only for public use consistent with this article
Status: in_force

12-1131. Property may be taken only for public use consistent with this article

(Caution: 1998 Prop. 105 applies)

Eminent domain may be exercised only if the use of eminent domain is authorized by this state, whether by statute or otherwise, and for a public use as defined by this article.
A.R.S. § 12-3023 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3023
12-3023 Vacating award
Status: in_force

12-3023. Vacating award

A. On motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if any of the following applies:

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

2. There was either:

(a) Evident partiality by an arbitrator appointed as a neutral arbitrator.

(b) Corruption by an arbitrator.

(c) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding.

3. An arbitrator refused to postpone the hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to section 12-3015, so as to prejudice substantially the rights of a party to the arbitration proceeding.

4. An arbitrator exceeded the arbitrator's powers.

5. There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 12-3015, subsection C not later than the beginning of the arbitration hearing.

6. The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 12-3009 so as to prejudice substantially the rights of a party to the arbitration proceeding.

B. A motion under this section must be filed within ninety days after the movant receives notice of the award pursuant to section 12-3019 or within ninety days after the movant receives notice of a modified or corrected award pursuant to section 12-3020, unless the movant alleges that the award was procured by corruption, fraud or other undue means, in which case the motion must be made within ninety days after the ground is known or by the exercise of reasonable care would have been known by the movant.

C. If the court vacates an award on a ground other than that set forth in subsection A, paragraph 5 of this section, it may order a rehearing.  If the award is vacated on a ground stated in subsection A, paragraph 1 or 2 of this section, the rehearing must be before a new arbitrator.  If the award is vacated on a ground stated in subsection A, paragraph 3, 4 or 6 of this section, the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in section 12-3019, subsection B for an award.

D. If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
A.R.S. § 12-1572 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1572
12-1572 Application for writ of garnishment for monies or property
Status: in_force

12-1572. Application for writ of garnishment for monies or property

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

1. A statement that the applicant is a judgment creditor.

2. A statement that the applicant has good reason to believe one of the following:

(a) That the garnishee is indebted to the judgment debtor for monies that are not earnings.

(b) That the garnishee is holding nonexempt monies on behalf of the judgment debtor.

(c) That the garnishee has in the garnishee's possession nonexempt personal property belonging to the judgment debtor.

(d) That the garnishee is a corporation and the judgment debtor is the owner of shares in the corporation, or has a proprietary interest in the corporation.

3. The amount of the outstanding balance due on the underlying judgment, together with interest, accrued attorney fees, including fees for the garnishment, if allowed by the judgment or contract and accrued allowable costs, on the date the application is made, and the rate at which interest accrues on that judgment, or if no judgment has been entered, the amount of money damages requested in the judgment creditor's complaint.

4. The address of the garnishee.
A.R.S. § 12-2221 — Arizona Code / Title 12 / Chapter 13 / Article 3 / Section 2221
12-2221 Manner of administering oath or affirmation; persons authorized to administer
Status: in_force

12-2221. Manner of administering oath or affirmation; persons authorized to administer

A. An oath or affirmation shall be administered in a manner which will best awaken the conscience and impress the mind of the person taking the oath or affirmation, and it shall be taken upon the penalty of perjury.

B. The oath or affirmation may be administered by any judge, clerk or deputy clerk of any court of record, justice of the peace, notary public, referee or commissioner of a court of record.
A.R.S. § 12-1705 — Arizona Code / Title 12 / Chapter 9 / Article 11 / Section 1705
12-1705 Filing fees
Status: in_force

12-1705. Filing fees

Any person filing a foreign judgment shall pay to the clerk a fee pursuant to section 12-284. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of the superior court.
A.R.S. § 12-1173.01 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1173.01
12-1173.01 Additional definition of forcible detainer
Status: in_force

12-1173.01. Additional definition of forcible detainer

A. In addition to other persons enumerated in this article, a person in any of the following cases who retains possession of any land, tenements or other real property after he receives written demand of possession may be removed through an action for forcible detainer filed with the clerk of the superior court in accordance with this article:

1. If the property has been sold through the foreclosure of a mortgage, deed of trust or contract for conveyance of real property pursuant to title 33, chapter 6, article 2.

2. If the property has been sold through a trustee's sale under a deed of trust pursuant to title 33, chapter 6.1.

3. If the property has been forfeited through a contract for conveyance of real property pursuant to title 33, chapter 6, article 3.

4. If the property has been sold by virtue of an execution and the title has been duly transferred.

5. If the property has been sold by the owner and the title has been duly transferred.

B. The remedies provided by this section do not affect the rights of persons in possession under a lease or other possessory right which is superior to the interest sold, forfeited or executed upon.

C. The remedies provided by this section are in addition to and do not preclude any other remedy granted by law.
A.R.S. § 12-541 — Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 541
12-541 Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation
Status: in_force

12-541. Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation

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

1. For malicious prosecution, or for false imprisonment, or for injuries done to the character or reputation of another by libel or slander.

2. For damages for seduction or breach of promise of marriage.

3. For breach of an oral or written employment contract including contract actions based on employee handbooks or policy manuals that do not specify a time period in which to bring an action.

4. For damages for wrongful termination.

5. Upon a liability created by statute, other than a penalty or forfeiture.
A.R.S. § 12-1864 — Arizona Code / Title 12 / Chapter 10 / Article 3 / Section 1864
12-1864 Preparation and transmission of certification order
Status: in_force

12-1864. Preparation and transmission of certification order

A. The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing and forwarded to the supreme court by the clerk of the certifying court under its official seal.

B. The supreme court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of the supreme court, the record or portion of the record may be necessary in answering the questions.
A.R.S. § 12-507 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 507
12-507 Action against person removing to this state
Status: in_force

12-507. Action against person removing to this state

No demand against a person who removes to this state, incurred prior to his removal, shall be barred by the statute of limitation until he has resided in this state one year, unless barred at the time of his removal to this state by the laws of the state or country from which he migrated.
A.R.S. § 12-751 — Arizona Code / Title 12 / Chapter 6 / Article 15 / Section 751
12-751 Strategic actions against public participation; motion to dismiss or quash; definitions
Status: in_force

12-751. Strategic actions against public participation; motion to dismiss or quash; definitions

A. In any legal action that involves a person's lawful exercise of the right of petition, the right of speech, the freedom of the press, the right to freely associate or the right to peaceably assemble pursuant to the United States Constitution or Arizona Constitution, the person other than a state actor or an intervenor may file a motion to dismiss or quash the action under this section.

B. A person who files a motion pursuant to subsection A of this section has the burden of establishing prima facie proof that the legal action was substantially motivated by a desire to deter, retaliate against or prevent the lawful exercise of a constitutional right. The moving person may submit evidence based on the record, a sworn affidavit or other evidence that is submitted with the motion to dismiss or quash.  A party is not required to file a response to a motion filed pursuant to subsection A of this section unless and until the court finds that the moving party has established the prima facie proof and orders the party to file a response. The court shall grant the motion unless one of the following applies:

1. If the responding party is a state actor, the responding party shows that the legal action on which the motion is based is justified by clearly established law and that the responding party did not act in order to deter, prevent or retaliate against the moving party's exercise of constitutional rights. A state actor may satisfy the requirements of this paragraph by doing any of the following:

(a) Establishing that the person who initiated and conducted an investigation that resulted in the legal action and that made the decision to pursue the legal action was unaware of the movant's lawful exercise of the constitutional right.

(b) Establishing that the state actor has a consistent practice of pursuing similar legal actions against similarly situated persons who did not lawfully exercise constitutional rights.

(c) Producing any other evidence that the court finds sufficient.

2. If the responding party is not a state actor, the responding party shows that the legal action on which the motion is based is justified by existing law or supported by a reasonable argument for extending or modifying existing law.

C. In making its determination, the court shall conduct an evidentiary hearing or consider the pleadings and supporting and opposing affidavits stating facts on which the liability, defense or action is based.

D. The motion to dismiss or quash may be filed within sixty days after the service of the complaint or other document on which the motion is based or, in the court's discretion, at any later time on terms that the court deems proper, including a later time after there is actual notice of a party's misconduct. If the court finds that prima facie proof has been established as prescribed in subsection B of this section, the court, if possible, shall conduct an expedited hearing on the motion.

E. Unless a court rule specifically provides otherwise, all discovery proceedings in the action shall be stayed on a finding of prima facie proof as prescribed in subsection B of this section.  The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion.  Notwithstanding this subsection, the court, on noticed motion and for good cause shown, may order that specified discovery be conducted.

F. If the court grants the motion to dismiss or quash, the court may award the moving party costs and reasonable attorney fees, including those incurred for the motion.  If the court finds that a motion to dismiss or quash is frivolous or solely intended to delay, the court shall award costs and reasonable attorney fees to the prevailing party on the motion.  For the purposes of this subsection, "costs" means all costs that are reasonably incurred and includes filing fees, record preparation and document copying fees, documented time away from employment to confer with counsel or attend case related proceedings, expert witness fees, travel expenses and any other costs that the court deems appropriate.

G. If the court denies the motion to dismiss or quash, the denial and the court's findings in support of the denial are not admissible in evidence at any later stage of the case, or in any subsequent action, and the burden of proof or degree of proof that is otherwise applicable is not affected by the findings in any later stage of the case or in any subsequent proceeding.

H. If the court determines that the moving party has established prima facie proof as prescribed in subsection B of this section, an order granting or denying a motion filed pursuant to this section is appealable pursuant to section 12-2101.

I. This article does not:

1. Affect, limit or preclude the right of the moving party to any remedy otherwise authorized by law.

2. Create any privileges or immunities or otherwise affect, limit or preclude any privileges or immunities authorized by law.

3. Limit or preclude a legislative or executive body or a public agency from enforcing the rules of procedure and rules of order of the body or agency.

J. For the purposes of this section:

1. "Legal action":

(a) Means any of the following:

(i) Any civil action, claim, cross-claim or counterclaim for damages other than nominal damages.

(ii) Any criminal prosecution, except for a drug trafficking offense included in title 13, chapter 34 or 34.1, a riot or a serious offense or violent or aggravated felony as defined in section 13-706.

(iii) Any written investigative demand pursuant to section 38-431.06 or other compulsory legal process or any regulatory or administrative action by a state actor.

(b) Does not include a motion filed pursuant to subsection A of this section.

2. "State actor" means any of the following:

(a) This state and any county, city, town or political subdivision of this state.

(b) Any branch, department, board, bureau, commission, council or committee of an entity included in subdivision (a) of this paragraph.

(c) Any officer, employee or other agent of an entity included in subdivision (a) of this paragraph who is acting in the officer's, employee's or agent's official capacity.
A.R.S. § 12-1596 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1596
12-1596 Forms
Status: in_force

12-1596. Forms

A. The court, justice of the peace or city or town magistrate shall provide to the parties, at no charge, copies of the following documents required to be delivered pursuant to section 12-1574:

1. The notice to judgment debtor and request for hearing form.

2. The answer form.

3. The instructions to garnishee.

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

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

(a) Exemption rights.

(b) Grounds for objecting to the writ.

(c) The objection and hearing procedures.

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

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

Notice to judgment debtor or defendant

(Non-earnings)

You are hereby notified that this court has issued an order in the above case in favor of the judgment creditor in this proceeding, directing that some of your money, property or corporate shares or interest be used to satisfy some of your debt to the judgment creditor. The order was issued to enforce the judgment creditor's judgment, support order or provisional remedy order against you that was obtained in (the name of court) in (case number) on (date). A copy of the judgment or order is attached.

The law provides that monies from certain benefits or in certain amounts are free from the claims of creditors even if deposited in a bank, savings and loan association or credit union. Some examples of exempt monies appear later in this notice. The law also provides that certain personal property is exempt from the claims of creditors. Some examples of exempt property appear later in this notice.

Within ten days after being served with the writ of garnishment the garnishee who is holding your money or personal property is required to mail or deliver to you his answer stating what money or personal property he is withholding from you for the judgment creditor pursuant to the writ.

You may object to the garnishment or file a claim of exemption by requesting a hearing with this court, if you believe any of the following is true:

1. The judgment creditor does not have a valid provisional remedy order or support order or judgment against you or that the debt or judgment has been paid in full.

2. Some or all of the monies which are being withheld by the garnishee may be exempt monies. Examples of exempt monies are:

(a) One hundred fifty dollars in a bank, savings and loan association or credit union account. (Three hundred dollars for married account holders.)

(b) Temporary assistance for needy families.

(c) Supplemental security income (SSI).

(d) Social security benefits (SSA).

(e) United States department of veterans affairs benefits (VA).

(f) Certain pension benefits and retirement funds.

(g) Workers' compensation benefits.

(h) Some insurance proceeds.

Other state and federal exemptions may apply. Certain exemptions may not apply to support orders or to the collection of taxes. An attorney can assist you in determining what monies are exempt.

3. Some or all of the personal property being withheld by the garnishee may be exempt property. Examples of exempt personal property are:

(a) Household goods, furniture and appliances.

(b) Up to one thousand five hundred dollars equity value for each owner of a car or truck. (Three thousand dollars equity value if the owner has a physical disability.)

(c) Wearing apparel, musical instruments, televisions or stereos and other personal items.

(d) Tools and equipment used in a commercial activity, trade, business or profession.

These exemptions are limited in statute by description and dollar value. An attorney can assist you in determining what personal property is exempt.

4. More than fifteen days have passed since the garnishee was served with the writ and you have not yet received the garnishee's answer.

5. You otherwise disagree with the answer of the garnishee. To request a hearing, deliver the request for hearing form appearing below, or a substantially similar form, to the court clerk's office. At the same time, you must mail or deliver a copy (photocopy or handwritten copy) of the request for hearing to the judgment creditor and the garnishee at the address stated in the writ. If you do not deliver the request for hearing form to this court within ten days after the date you receive the answer of garnishee, your request for hearing will be denied, unless a good reason for the delay, acceptable to the court, is shown.

If you request a hearing it will be held no later than five days, not including weekends and holidays, after your request is received by the court. If appropriate, you may request a hearing before the garnishee files his answer.

The court will notify you and the other parties of the time and date of the hearing. You may attend the hearing with or without an attorney.

Request for hearing

I request a hearing to object to the garnishment or claim exempt monies because:

_______ 1. The judgment is not valid.

_______ 2. The judgment has been paid.

_______ 3. Exempt monies are being garnished:

_______   (a) One hundred fifty dollars in a bank,          savings and loan association or credit          union.

_______   (b) Temporary assistance for needy families,          social security benefits, supplemental          security income or United States          department of veterans affairs benefits.

_______   (c) Other pension or retirement benefits.

_______   (d) Workers' compensation or other insurance          benefits.

_______   (e) Other _______________________________.

_______ 4. Exempt personal property is being garnished:

_______   (a) Household goods, furnishings or          appliances.

_______   (b) Motor vehicle equity under one thousand          five hundred dollars or three thousand          dollars, if applicable.

_______   (c) Personal items.

_______   (d) Tools and equipment of a trade.

_______   (e) Other _____________________________.

_______ 5. No answer has been received within fifteen        days.

_______ 6. The answer of the garnishee is incorrect.

_______ 7. Other __________________________________.

___________________________________________

Date

___________________________________________

Name (print)

___________________________________________

Signature

___________________________________________

Address

___________________________________________

City, state, zip code

___________________________________________

Telephone number

Warning: To request a hearing, this document, or one similar, must be received by this court within ten days after your receipt of the answer of garnishee, unless good reason for the delay is shown.

D. At the top of the first page of the notice to judgment debtor and request for hearing form described in subsections B and C of this section, a Spanish translation shall be printed of the following language:

The court has issued an order requiring the garnishee to deliver money or property it owes you to the judgment creditor because of the judgment he has against you. In some circumstances your money or property is protected by law from being taken. This is explained in the notice. A Spanish translation of that notice can be obtained from the court.

E. The answer form shall be in a form prescribed by the supreme court and shall require at a minimum that the answer of the garnishee set forth those items required to be set forth pursuant to section 12-1579, subsection D.

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

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

2. A notice to the garnishee concerning the provisions of sections 12-1583 and 12-1593.

G. A party to a garnishment proceeding may use documents other than those provided pursuant to subsection A of this section, if such documents are substantially similar to those prescribed by the supreme court pursuant to this section.
A.R.S. § 12-993 — Arizona Code / Title 12 / Chapter 7 / Article 12 / Section 993
12-993 Precedence of action; resident actions; costs
Status: in_force

12-993. Precedence of action; resident actions; costs

A. An action that is filed pursuant to section 12-991 or 12-998 has precedence in the trial courts over all actions except juvenile proceedings, criminal proceedings, election contests and hearings on injunctions.

B. If the action is brought by a resident and the court finds that there was no reasonable basis for bringing the action, the court may assess costs and reasonable attorney fees against the resident. If the court determines that reasonable grounds do exist and issues a final judgment in favor of the plaintiff, the court may assess costs and reasonable attorney fees against the defendant.
A.R.S. § 12-2201 — Arizona Code / Title 12 / Chapter 13 / Article 1 / Section 2201
12-2201 Persons who may be witnesses
Status: in_force

12-2201. Persons who may be witnesses

A. Every person, including a party, may testify in any civil or criminal proceeding, or before any person who has authority to receive evidence, except as otherwise expressly provided by law.

B. A person shall not be incompetent to testify because he is a party to an action or proceeding or interested in the issue tried, or because he has been indicted, accused or convicted of a crime, or because of his religious opinions, or because he does not have any religious belief.
A.R.S. § 12-2904 — Arizona Code / Title 12 / Chapter 20 / Article 1 / Section 2904
12-2904 Waiver; penalties
Status: in_force

12-2904. Waiver; penalties

A. The provisions of this chapter shall not be waived.

B. A payee who proposes to make a transfer of structured settlement payment rights shall not inure any penalty, forfeit any application fee or other payment or otherwise incur any liability to the proposed transferee based on any failure of the transfer to satisfy the conditions specified in section 12-2902.

C. Any transfer agreement entered into on or after the effective date of this section by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state.  A transfer agreement shall not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.

D. A transfer of structured settlement payment rights shall not extend to any payments that are life contingent unless, before the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for both of the following:

1. Periodically confirming the payee's survival.

2. Giving the annuity issuer and the structured settlement obligor prompt written notice if the payee dies.

E. Compliance with the requirements and fulfillment of the conditions set forth in this chapter is the sole responsibility of the transferee in any transfer of structured settlement payment rights, and the structured settlement obligor or the annuity issuer is not responsible for, or any liability arising from, noncompliance with the requirements or failure to fulfill the requirements of this chapter.
A.R.S. § 12-570 — Arizona Code / Title 12 / Chapter 5.1 / Article 1 / Section 570
12-570 Malpractice settlement or award reporting; civil penalty; definition
Status: in_force

12-570. Malpractice settlement or award reporting; civil penalty; definition

A. If a medical malpractice action or an action brought under section 46-455 against a nursing care institution is settled or a court enters a monetary judgment:

1. The professional liability insurers shall provide the defendant's health profession regulatory board with all information required to be filed with the national practitioner data bank pursuant to Public Law 99-660. In the case of an action brought under section 46-455 against a nursing care institution, the information shall be provided to the department of health services.

2. The plaintiff's attorney shall provide the defendant's health profession regulatory board, or, in the case of an action brought against a nursing care institution, the department of health services, with the notice described in subsection B of this section, a copy of the complaint and a copy of either the agreed terms of settlement or the judgment. The attorney shall provide this notice and these documents within thirty days after a settlement is reached or a judgment is entered.

B. The notice required by subsection A of this section shall contain the following information:

1. The name and address of each defendant.

2. The name, date of birth and address of each plaintiff.

3. The date and location of the occurrence which created the claim.

4. A statement specifying the nature of the occurrence resulting in the malpractice action.

5. A copy of all expert witness depositions, a transcript of all expert witness court testimony or a written evaluation of the case by an expert witness.

C. The notice required by subsection A of this section is not discoverable and not admissible as evidence.

D. An attorney who does not supply the information required by subsections A and B of this section within thirty days after the notice of settlement or judgment is due under subsection A of this section is subject to a civil penalty of five hundred dollars.

E. A confidentiality clause in a settlement agreement does not apply to the reporting requirements of this section.

F. For the purposes of this section, "health profession regulatory board" has the same meaning prescribed in section 32-3201.
A.R.S. § 12-1101 — Arizona Code / Title 12 / Chapter 8 / Article 1 / Section 1101
12-1101 Parties; claim; service on attorney general
Status: in_force

12-1101. Parties; claim; service on attorney general

A. An action to determine and quiet title to real property may be brought by any one having or claiming an interest therein, whether in or out of possession, against any person or the state when such person or the state claims an estate or interest in the real property which is adverse to the party bringing the action.

B. When the state is made defendant a copy of the summons and complaint shall be served upon the attorney general.
A.R.S. § 12-1152 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1152
12-1152 Notice of filing report and of hearing objections to report; waiver of right to object
Status: in_force

12-1152. Notice of filing report and of hearing objections to report; waiver of right to object

Upon filing the report by the special master, the court, without delay, shall fix a date for hearing objections filed thereto. Notice that the report has been filed, that all objections thereto shall be filed with the court within ten days after the date of mailing the notice, and that the court has fixed a certain date, which shall be stated therein, for the hearing of such objections, shall be given by sending a copy of the notice by registered mail to all persons who have appeared in the action, or their attorneys of record, at their last known addresses. After ten days subsequent to mailing the notice, all objections to the report shall be deemed waived by all persons who have not filed written objections with the court.
A.R.S. § 12-341.02 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 341.02
12-341.02 Recovery of legal document preparation fees
Status: in_force

12-341.02. Recovery of legal document preparation fees

The court may award to the prevailing party the cost of document preparation if prepared by a legal document preparer who is certified by the supreme court.  The party seeking recovery will file a sworn affidavit of costs with the court.
A.R.S. § 12-1598.14 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.14
12-1598.14 Priority
Status: in_force

12-1598.14. Priority

A. Except as provided in subsections B and C, conflicting wage garnishments and levies rank according to priority in time of service.

B. Garnishments, levies and wage assignments which are not for the support of a person are inferior to wage assignments for the support of a person. Garnishments which are not for the support of a person and levies are inferior to garnishments for the support of a person.

C. If a judgment debtor's earnings become subject to more than one writ of garnishment pursuant to this article, and because of the application of the priorities set forth in subsections A and B a judgment creditor recovers no nonexempt earnings for two consecutive paydays, the lien on earnings of such judgment creditor is invalid and of no force and effect, and the garnishee shall notify the judgment creditor accordingly.
A.R.S. § 12-1561 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1561
12-1561 Judgment creditor having prior lien
Status: in_force

12-1561. Judgment creditor having prior lien

If a party recovering judgment has a lien on any property by mortgage or otherwise, or by levy of any writ of attachment or garnishment, no further levy upon such property is necessary, and it may be sold without further levy.
A.R.S. § 12-2411 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2411
12-2411 Attorney's fees
Status: in_force

12-2411. Attorney's fees

If a hearing is held pursuant to section 12-2402, subsection C, or section 12-2410 and the provisional remedy ordered issued is quashed or no provisional remedy is ordered issued the court may award reasonable attorney's fees to the party against whom the provisional remedy was issued or was sought to be issued.
A.R.S. § 12-1129 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1129
12-1129 Dismissal of condemnation action; litigation expenses
Status: in_force

12-1129. Dismissal of condemnation action; litigation expenses

A. If a plaintiff causes a condemnation action under this article to be dismissed without prejudice before payment of the compensation and damages awarded the defendant by the court or jury, the plaintiff shall not initiate any eminent domain proceeding with respect to the same property for the same or a related project for at least two years after the date of the verdict or judgment.

B. The court having jurisdiction of a condemnation action under this article shall award the owner with any right to, title to or interest in the property that is the subject of the action an amount that will reimburse the owner for the owner's reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceeding if either of the following occurs:

1. The final judgment is that the plaintiff cannot acquire the real property by condemnation.

2. The proceeding is abandoned on a motion by the plaintiff.

C. If the proceeding is dismissed on a motion by the plaintiff because the parties have agreed to settle the matter out of court, both parties shall pay their own costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees unless otherwise specified by the parties in the settlement agreement.
A.R.S. § 12-585 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 585
12-585 Evidence of future damages
Status: in_force

12-585. Evidence of future damages

A. The calculation for all future economic damages shall reflect future changes in earning power or the purchasing power of the dollar. Future damages shall not be discounted to present value, except pursuant to section 12-589.

B. Unless the court otherwise directs or the parties otherwise agree, the annual amounts for future damages shall be prorated and paid at one month intervals during the year due. Each payment is payable on the first day of the month following its accrual.
A.R.S. § 12-1562 — Arizona Code / Title 12 / Chapter 9 / Article 3 / Section 1562
12-1562 Duties of officer in execution; disposition of proceeds; rights of judgment debtor
Status: in_force

12-1562. Duties of officer in execution; disposition of proceeds; rights of judgment debtor

A. An officer shall execute a general execution against the property of a judgment debtor by levying on a sufficient amount of property, if there is a sufficient amount of such property, and collecting or selling the things in action and selling the other property and paying to the judgment creditor or his attorney so much of the proceeds as will satisfy the judgment. Any excess in the proceeds over the judgment and costs shall be returned to the judgment debtor unless otherwise directed by an order of the court.

B. A judgment debtor may point out to the levying officer the property he desires to be levied on, and if the officer deems it sufficient to satisfy the execution, he shall make levy on no other property.

C. An officer shall execute the special execution by selling the property directed to be sold, or delivering the property directed to be delivered, as directed in the judgment, and by enforcing the collection of damages and costs as in a general execution.