A.R.S. § 12-982 — Arizona Code / Title 12 / Chapter 7 / Article 11 / Section 982
12-982 Qualified immunity; insurance coverage
Status: in_force

12-982. Qualified immunity; insurance coverage

A. A volunteer is immune from civil liability in any action based on an act or omission of a volunteer resulting in damage or injury if:

1. The volunteer acted in good faith and within the scope of the volunteer's official functions and duties for a nonprofit corporation or nonprofit organization, hospital or governmental entity.

2. The damage or injury was not caused by wilful, wanton or grossly negligent misconduct by the volunteer.

B. Notwithstanding subsection A of this section, in any suit against a nonprofit corporation or nonprofit organization, hospital or governmental entity for civil damages based on the negligent act or omission of a volunteer, proof that the act or omission was within the scope of the volunteer's official functions and duties is sufficient to establish the vicarious liability, if any, of the organization.

C. A motor vehicle liability policy, as defined in section 28-4001, which provides coverage to the operator of a motor vehicle is subject to the following provisions which need not be contained in the policy. The liability of the insurance carrier with respect to the insured and any other person using the vehicle with the express or implied permission of the insured shall extend to provide excess coverage for a nonprofit corporation or nonprofit organization for the acts of the operator in operating a motor vehicle at all times when the operator is acting as a volunteer for that nonprofit corporation or nonprofit organization.
A.R.S. § 12-1286 — Arizona Code / Title 12 / Chapter 8 / Article 11 / Section 1286
12-1286 Execution and delivery of deed by sheriff
Status: in_force

12-1286. Execution and delivery of deed by sheriff

A. At the expiration of all the applicable periods of redemption as provided in section 12-1282, and not sooner, upon receipt of the sheriff's original certificate of sale, the sheriff shall execute and deliver a deed to the property sold to the purchaser at the sale, or in case redemption is made by a redemptioner, to the last redemptioner redeeming the property.

B. Within thirty days after the date of execution of the deed, the sheriff shall execute to the purchaser or redemptioner a duplicate original sheriff's deed and record the original sheriff's deed in the office of the county recorder for the county in which the property is located. In every sheriff's deed in which the grantee, purchaser or redemptioner is subject to regulation pursuant to title 6, 10 or 29, or would be subject to regulation pursuant to title 6, 10 or 29 if doing business in this state, the grantee's, purchaser's or redemptioner's name and address and the state in which the grantee, purchaser or redemptioner is incorporated, organized, licensed, chartered or registered shall be set forth fully, together with the name of the country under which the grantee, purchaser or redemptioner is chartered or formed.  The information provided by the redemptioner or purchaser is not subject to verification and the sheriff is not responsible for authenticity of the information.  The validity of any deed shall not be affected by any failure to comply with the requirements set forth in this subsection.
A.R.S. § 12-2223 — Arizona Code / Title 12 / Chapter 13 / Article 3 / Section 2223
12-2223 Persons authorized to administer oath or affirmation within or without United States
Status: in_force

12-2223. Persons authorized to administer oath or affirmation within or without United States

A. An oath or affirmation when taken without this state, but within the United States, may be taken before any judge, commissioner or clerk of a court of record having a seal, master in chancery, notary public authorized to administer oaths and affirmations by the law of the state wherein such oaths and affirmations may be taken. If the oath or affirmation purports to have been taken before any such officer, and has his seal of office affixed, such oath or affidavit may be used within this state as though taken before a like officer within this state.

B. An oath or affirmation taken without the United States may be taken before any ambassador, minister, charge d'affairs, consul, deputy consul, vice-consul or consular agent of the United States resident and officiating as such in the country where taken, or before any notary public of the country where taken whose official authority is authenticated under the seal of any ambassador, minister, charge d'affairs, consul, deputy consul, vice-consul or consular agent.
A.R.S. § 12-121 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 121
12-121 Number of judges; petition for approval of additional judges; additional method
Status: in_force

12-121. Number of judges; petition for approval of additional judges; additional method

A. In each county of the state there shall be a superior court for which at least one judge shall be elected. In each county having a census enumeration greater than thirty thousand inhabitants, and upon petition by the board of supervisors of such county to the governor and his approval thereof, there shall be an additional judge of the superior court for each thirty thousand inhabitants, or majority fraction thereof, or the additional judge of the superior court may be authorized, based on the procedure prescribed by the terms of subsections B and C.

B. Upon petition by the board of supervisors of a county to the governor and his approval thereof, there shall be an additional judge of the superior court provided that the board of supervisors has determined, as prescribed in subsection C, that the county has acquired since the last census enumeration the required number of inhabitants for an additional judge as provided in subsection A.

C. The determination of the board of supervisors shall be based on, but not limited to, recent estimates of population, if any, of any area within the county issued by the bureau of the census, auto registrations, nonagricultural employment, gross utility revenues and retail sales.

D. Additional judges authorized by the terms of this section shall be appointed or elected as provided by law.
A.R.S. § 12-1838 — Arizona Code / Title 12 / Chapter 10 / Article 2 / Section 1838
12-1838 Supplemental relief
Status: in_force

12-1838. Supplemental relief

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by complaint or appropriate pleading to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
A.R.S. § 12-136 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 136
12-136 Tribal courts; involuntary commitment orders; recognition
Status: in_force

12-136. Tribal courts; involuntary commitment orders; recognition

A. Notwithstanding any law to the contrary, an involuntary commitment order of an Arizona tribal court filed with the clerk of the superior court shall be recognized and is enforceable by any court of record in this state, subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of the court. The Arizona supreme court may adopt rules regarding recognition of tribal court involuntary commitment orders. The state, through the attorney general, shall be given notice of the filing at the time the commitment order is filed and shall have five days from receipt of the written notice of the filing of the order to appear as a party and respond. A patient committed to a mental health treatment facility under this section is subject to the jurisdiction of the state.

B. Decisions regarding discharge or release of a patient committed pursuant to subsection A of this section shall be made by the facility providing involuntary treatment. Ten days before discharge or release, the mental health treatment facility shall notify the tribal court that issued the involuntary commitment order of the facility's intention to discharge or release a patient. Any necessary outpatient follow-up and transportation of the patient to the jurisdiction of the tribal court, within the time set forth in the notice, shall be provided for in an intergovernmental agreement between the tribe and the Arizona health care cost containment system.

C. A mental health treatment facility may admit a patient for involuntary treatment pending the filing of a tribal court's involuntary commitment order with the clerk of the superior court pursuant to subsection A of this section. The mental health treatment facility must discharge the patient if the tribal court order is not filed with the clerk of the superior court by the close of business on the next day that the court is open after the admission of the patient unless that day is a tribal holiday in which case the tribal court order must be filed with the clerk of the superior court by the close of business on the following day. If the patient is discharged pursuant to this subsection, the patient shall be transported to the jurisdiction of the tribal court in the same manner provided in subsection B of this section.
A.R.S. § 12-129 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 129
12-129 Expenses of judge sitting in other county or supreme court
Status: in_force

12-129. Expenses of judge sitting in other county or supreme court

A. When a judge of the superior court in any county is called into another county by the superior judge thereof, or by the governor, to hold court or preside over any proceeding, the judge shall be paid a per diem subsistence allowance pursuant to section 38-624 by the county into which the judge is called. The board of supervisors shall pay the per diem amount only on the order of the presiding judge of the court in which the legal proceedings are held.

B. The expenses of superior court judges called to sit with the supreme court shall be paid from the general fund of the state.
A.R.S. § 12-1603 — Arizona Code / Title 12 / Chapter 9 / Article 5 / Section 1603
12-1603 Procedure
Status: in_force

12-1603. Procedure

The procedure relating generally to garnishment including the time to answer is applicable to garnishments pursuant to section 12-1601, except that no default judgment as provided in section 12-1583 may be entered against the state.
A.R.S. § 12-1598.01 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.01
12-1598.01 Scope of article
Status: in_force

12-1598.01. Scope of article

A. The provisions of this article are applicable to indebtedness owed to a judgment debtor by a garnishee for monies which are earnings as defined in section 12-1598, paragraph 4. Earnings become monies, as defined in section 12-1570, paragraph 6, upon their disbursement by the employer to or for the account of the employee, except disbursements into a pension or retirement fund.

B. The provisions of this article are not applicable to garnishments of:

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

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

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

4. Shares or securities of a corporation or a proprietary interest in a corporation belonging to a judgment debtor, if the garnishee is a corporation.
A.R.S. § 12-1635 — Arizona Code / Title 12 / Chapter 9 / Article 8 / Section 1635
12-1635 Action by judgment creditors
Status: in_force

12-1635. Action by judgment creditors

A. If it appears that a person alleged to have property of the judgment debtor or to be indebted to him claims an interest in the property adverse to the judgment debtor or denies the debt, the court may order the judgment creditor to institute an action for recovery of such interest or debt and forbid any disposition of the interest or debt until an action can be commenced and prosecuted to judgment.

B. The execution creditors may also proceed against defendant therein and other parties, by original complaint, to obtain satisfaction of their executions after they have been returned unsatisfied in whole or in part.
A.R.S. § 12-1863 — Arizona Code / Title 12 / Chapter 10 / Article 3 / Section 1863
12-1863 Certification order; contents
Status: in_force

12-1863. Certification order; contents

A certification order shall set forth both of the following:

1. The questions of law to be answered.

2. A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.
A.R.S. § 12-816 — Arizona Code / Title 12 / Chapter 7 / Article 1.1 / Section 816
12-816 Content of judgment and order
Status: in_force

12-816. Content of judgment and order

If the existence of a nuisance is admitted or established in an action pursuant to this article, an order of abatement shall be entered as a part of the judgment in the case. The order of abatement shall direct the removal from the place of the motion picture or pictorial publication found to be obscene and items directly related to such motion picture film or pictorial publication and shall direct the sheriff of the county in which the action was brought to seize and destroy such film, publication and other items directly related to such film or publication including, but not limited to, promotional material for such film or publication and printing plates used to print the publication.
A.R.S. § 12-1807 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1807
12-1807 Preliminary injunction, injunction or temporary restraining order against working lode, placer or mining claim; prohibition; exception
Status: in_force

12-1807. Preliminary injunction, injunction or temporary restraining order against working lode, placer or mining claim; prohibition; exception

A. An injunction against the working and mining of a lode, placer or mining claim shall not be granted without notice to the opposite party, and, except as provided in subsection B, no preliminary injunction or temporary restraining order shall be issued to prevent the working or mining pending hearing of the application for the injunction.

B. If a person unlawfully enters upon a mineral claim or lease with the intent to explore, hold, work or take minerals from the claim or lease, the owner of the claim or lease may apply to the superior court in the county in which the claim or lease is located for a preliminary injunction or temporary restraining order. Prior to the issuance of a preliminary injunction or temporary restraining order, the court shall determine that the applicant is legally entitled to the claim or lease.
A.R.S. § 12-332 — Arizona Code / Title 12 / Chapter 3 / Article 4 / Section 332
12-332 Taxable costs and jury fee in superior court
Status: in_force

12-332. Taxable costs and jury fee in superior court

A. Costs in the superior court include:

1. Fees of officers and witnesses.

2. Cost of taking depositions.

3. Compensation of referees.

4. Cost of certified copies of papers or records.

5. Sums paid a surety company for executing any bond or other obligation therein, not exceeding, however, one per cent on the amount of the liability on the bond or other obligation during each year it was in force.

6. Other disbursements that are made or incurred pursuant to an order or agreement of the parties.

B. A jury fee shall also be included in the judgment and taxed as costs and shall be fixed by the court at the time the judgment is given. The jury fee shall include the cost of reimbursement for juror travel expenses. The jury fee shall be paid to the clerk of the court for transmittal to the county treasurer who shall dispose of it as other similar money is disposed of. An action to collect jury fees shall be commenced:

1. Only if the judgment fixing the jury fees is recorded in the office of the county recorder not later than thirty days after the judgment is rendered.

2. At any time after the date of the recording of the judgment fixing the jury fees and the judgment does not expire until it is paid in full.

C. The court may at any time for good cause shown relieve a person from payment of a jury fee if the court believes that such relief is proper.
A.R.S. § 12-289 — Arizona Code / Title 12 / Chapter 2 / Article 8 / Section 289
12-289 Spousal maintenance enforcement enhancement fund; surcharge
Status: in_force

12-289. Spousal maintenance enforcement enhancement fund; surcharge

A. The spousal maintenance enforcement enhancement fund is established for the clerk of the superior court consisting of monies received pursuant to subsection B of this section.  The clerk of the superior court shall administer the fund.  Subject to the approval of the board of supervisors and in coordination with the presiding judge, the clerk shall spend monies in the fund to enhance enforcement of spousal maintenance orders.

B. In addition to the fees required by section 12-284, subsection A, the clerk shall charge and collect a surcharge of five dollars for each filing of a petition or an answer for annulment, dissolution of marriage or legal separation.  The clerk shall use this surcharge only for the purposes prescribed in this section.
A.R.S. § 12-1130 — Arizona Code / Title 12 / Chapter 8 / Article 2 / Section 1130
12-1130 Fees and expenses; appraisal; relocation benefits; applicability
Status: in_force

12-1130. Fees and expenses; appraisal; relocation benefits; applicability

A. In a proposed condemnation action if an owner-occupant of a residential property disagrees with the offer and appraisal, the owner-occupant may obtain a second appraisal from an appraiser who is on the approved list that is maintained by the governmental entity and the governmental entity shall pay for the second appraisal.

B. Before filing an eminent domain action, the governmental entity shall provide to the owner-occupant all appraisals of the property that the governmental entity obtains.

C. Any governmental entity that acquires owner-occupied residential property by condemnation or threat of condemnation shall provide the owner-occupant with a determination of relocation benefits in an amount that allows the owner-occupant to purchase a comparable replacement dwelling as provided under applicable relocation law.

D. In a condemnation action to acquire owner-occupied residential property, the court may award fees and other expenses to any party other than this state or a city, town or county or any other political subdivision of this state.  In making the determination, the court may consider the amount of the difference between the final offer and the compensation awarded, the percentage of the difference between the final offer and the award and any other factors the court deems appropriate. For the purposes of this subsection, "fees and other expenses" means the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test or project that the court finds to be directly related to and necessary for the presentation of the party's case and reasonable and necessary attorney fees.

E. This section does not apply to actions for acquisition of property for public safety, transportation, flood control or utility purposes.
A.R.S. § 12-641 — Arizona Code / Title 12 / Chapter 6 / Article 5 / Section 641
12-641 Persons who may maintain action for injury to child or ward
Status: in_force

12-641. Persons who may maintain action for injury to child or ward

Either parent may maintain an action for the injury of a child, and a guardian may maintain an action for the injury of his ward.
A.R.S. § 12-1861 — Arizona Code / Title 12 / Chapter 10 / Article 3 / Section 1861
12-1861 Supreme court; questions of law certified by other courts
Status: in_force

12-1861. Supreme court; questions of law certified by other courts

The supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States, a United States district court or a tribal court when requested by the certifying court if there are involved in any proceedings before the certifying court questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the supreme court and the intermediate appellate courts of this state.
A.R.S. § 12-1161 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1161
12-1161 Costs
Status: in_force

12-1161. Costs

If plaintiff, prior to making the award, has tendered to an interested person for his real property, or deposited in court for the property, an amount which the interested person refused to accept or agree to as just compensation, all costs shall be assessed against such person if the amount tendered or deposited is equal to or in excess of the award fixed or confirmed by the court with respect to such parcel of real property.
A.R.S. § 12-120.05 — Arizona Code / Title 12 / Chapter 1 / Article 1.1 / Section 120.05
12-120.05 Seal; affixing of seal
Status: in_force

12-120.05. Seal; affixing of seal

A. The court of appeals shall have a seal which shall be kept by the clerk of each division.

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

C. The seal may be affixed by impressing it on the paper or on a substance attached to the paper and capable of receiving an impression.
A.R.S. § 12-122 — Arizona Code / Title 12 / Chapter 1 / Article 2 / Section 122
12-122 General power of superior court
Status: in_force

12-122. General power of superior court

The superior court, in addition to the powers conferred by constitution, rule or statute, may proceed according to the common law.
A.R.S. § 12-117.01 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 117.01
12-117.01 General adjudication personnel and support fund; exemption; purposes; joint legislative budget committee review
Status: in_force

12-117.01. General adjudication personnel and support fund; exemption; purposes; joint legislative budget committee review

A. The general adjudication personnel and support fund is established consisting of monies appropriated by the legislature. The supreme court shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Monies in the fund shall be used by both:

1. The supreme court to provide additional full-time personnel for the general adjudication as prescribed in section 45-252, subsection D and to provide case management and other support equipment, services and personnel.

2. The department of water resources for additional full-time personnel and other equipment and services related to the general adjudication.

C. For fiscal years 2021-2022 and 2022-2023, before any monies are spent from the fund, the supreme court and the department of water resources shall submit an expenditure plan to the joint legislative budget committee. The chairperson of the joint legislative budget committee shall determine whether the submitted plan requires review before the full committee.
A.R.S. § 12-1622 — Arizona Code / Title 12 / Chapter 9 / Article 7 / Section 1622
12-1622 Procedure in selling property under execution
Status: in_force

12-1622. Procedure in selling property under execution

A. All sales under execution shall be made at public auction to the highest bidder, between the hours of ten a.m. and four p.m.

B. After sufficient property has been sold to satisfy the judgment and costs, no more shall be sold.

C. No person making the sale shall become a purchaser or be interested in such sales.

D. When the sale is of personal property capable of immediate delivery, the property shall be within view and shall be sold in parcels so as to bring the highest price and the judgment debtor or creditor may direct the selling officer in such cases.

E. Partnership interests and interests in personal property without right to exclusive possession may be sold without the presence or the delivery of the property.

F. When the sale is of property too bulky to be taken into immediate possession, or of livestock running at large on a range, it is not necessary that such property or any part thereof be present at the place of sale, and the purchaser at the sale may take the property or gather and pen the stock and select therefrom the number purchased by him.

G. When the sale is of real property, consisting of lands that may be sold in parcels, it may be sold separately at direction of the judgment debtor, who shall have the option of designating the order in which parcels shall be sold.

H. When property is held in common, the interest of the judgment debtor shall be sold as a whole.

I. Shares of stock in a corporation may be sold as other personal property capable of manual delivery is sold subject to the provisions of section 47-8113.
A.R.S. § 12-971 — Arizona Code / Title 12 / Chapter 7 / Article 10 / Section 971
12-971 Definitions
Status: in_force

12-971. Definitions

In this article, unless the context otherwise requires:

1. "Extraordinary emergency services" means:

(a) The actual and related costs of additional police, fire fighting, public works, paramedic and medical personnel utilized other than those who are normally on duty; and

(b) The actual costs of rented or leased equipment reasonably needed by the state or political subdivision in responding to the emergency; and

(c) The actual or replacement costs of chemicals or disposable materials utilized in responding to the emergency; and

(d) Costs incurred in the evacuation or reasonable temporary housing of persons displaced from their property by the emergency.

2. "Hazardous material" means a substance which has been determined by the United States department of transportation under title 49, Code of Federal Regulations, to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.

3. "Hazardous substance" means a material, and its mixtures or solutions, which has been determined by the United States department of transportation under title 49, Code of Federal Regulations, to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.

4. "Hazardous waste" means any material that is subject to the hazardous waste manifest of the department of health services or the United States environmental protection agency.
A.R.S. § 12-2214 — Arizona Code / Title 12 / Chapter 13 / Article 2 / Section 2214
12-2214 Requirements for subpoena of media witnesses
Status: in_force

12-2214. Requirements for subpoena of media witnesses

A. A subpoena for the attendance of a witness or for production of documentary evidence issued in a civil or criminal proceeding and directed to a person engaged in gathering, reporting, writing, editing, publishing or broadcasting news to the public, and which relates to matters within these news activities, shall have attached to it an affidavit of a person with a direct interest in the matters sought which states all of the following:

1. Each item of documentary and evidentiary information sought from the person subpoenaed.

2. That the affiant or his representative has attempted to obtain each item of information from all other available sources, specifying which items the affiant has been unable to obtain.

3. The identity of the other sources from which the affiant or his representative has attempted to obtain the information.

4. That the information sought is relevant and material to the affiant's cause of action or defense.

5. That the information sought is not protected by any lawful privilege.

6. That the subpoena is not intended to interfere with the gathering, writing, editing, publishing, broadcasting and disseminating of news to the public as protected by the first amendment, Constitution of the United States, or by article II, section 6, Constitution of Arizona.

B. A subpoena served on a person described in subsection A without the required affidavit attached to it has no effect.

C. If the affidavit is controverted or a motion to quash the subpoena or for a protective order is filed by the person subpoenaed, the command of the subpoena shall be postponed until a hearing is held and an order is entered by the court. After the hearing the command of the subpoena shall be carried out in accordance with the order of the court.

D. This section does not apply to a subpoena for the attendance of a witness or the production of documentary evidence issued by or on behalf of a grand jury or a magistrate during an investigative criminal proceeding.
A.R.S. § 12-1191 — Arizona Code / Title 12 / Chapter 8 / Article 5 / Section 1191
12-1191 Notice of pendency of action affecting title to real property; filing; constructive notice to purchaser or encumbrancer; release of notice of pendency of action; failure to issue release; liability
Status: in_force

12-1191. Notice of pendency of action affecting title to real property; filing; constructive notice to purchaser or encumbrancer; release of notice of pendency of action; failure to issue release; liability

A. In an action affecting title to real property, the plaintiff at the time of filing the complaint, or thereafter, and the defendant at the time of filing the defendant's pleading when affirmative relief is claimed in such pleading, or thereafter, may file in the office of the recorder of the county in which the property is situated a notice of the pendency of the action or defense.  In any action to foreclose a mechanics' or materialmen's lien pursuant to title 33, chapter 7, article 6, the lien claimant shall file a notice of pendency of action as prescribed by section 33-998 within five days of filing the action or raising the defense. The notice shall contain the names of the parties, the object of the action or affirmative defense, the relief demanded and a description of the property affected.

B. The recorder shall file the notice and record and index it in the names of the parties to the action, and thereafter a purchaser or encumbrancer of the property affected shall be held to have constructive notice of the pendency of the action and the claims therein made except as prescribed in subsection D of this section.

C. If a notice of pendency of action has been recorded pursuant to this section and the action is dismissed without prejudice for lack of prosecution, the plaintiff or plaintiffs of the action, within thirty days after such dismissal, shall issue to the defendant of the action a release of the notice of pendency of action.  Such release shall be in the form of a recordable document.  Failure to grant such release shall subject the person filing the notice of action or defense to liability in the amount of one thousand dollars and also to liability for actual damages.

D. After the withdrawal or release of a notice of pendency of action or recordation of a certified copy of an order expunging a notice of pendency of action and before the recordation of a certified copy of the judgment or decree in the action, the following apply:

1. The notice of pendency of action and any of the information derived from the notice does not constitute actual or constructive notice of any of the matters contained in the notice or any matters related to the action.

2. The notice of pendency of action and any of the information derived from the notice does not create a duty of inquiry in any person dealing thereafter with the affected property.

3. Except for a person who is a nonfictitious party to the action at the time of recording the notice of withdrawal, the release of the notice of pendency of action or the order expunging the notice of pendency of action, a person shall not be deemed to have actual knowledge of the action, any of the matters contained in the notice or any matters related to the action, if both of the following apply:

(a) That person for valuable consideration becomes a purchaser, transferee, mortgagee or other encumbrancer of any interest in the real property that is subject to the action.

(b) That person acquires that interest by a conveyance that is recorded after the notice of withdrawal or release or order of expungement and before the recording of a certified copy of a judgment or decree issued in the action.

4. A person described in paragraph 3 shall not be deemed to have notice of the action or notice of any matters related to the action even if the person has actual knowledge of the action or matter and regardless of when or how that knowledge was acquired.
A.R.S. § 12-1582 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1582
12-1582 Notice to garnishee of dismissal; hearing on costs and attorney's fee
Status: in_force

12-1582. Notice to garnishee of dismissal; hearing on costs and attorney's fee

Actions in garnishment in which an answer has been filed by a garnishee shall not be dismissed except upon notice to the garnishee and an opportunity to be heard upon the question of allowance of garnishee's costs and attorney's fee.
A.R.S. § 12-2004 — Arizona Code / Title 12 / Chapter 11 / Article 1 / Section 2004
12-2004 Stay of proceedings
Status: in_force

12-2004. Stay of proceedings

If a stay of proceedings is not intended, the words requiring the stay shall be omitted from the writ. The words may be inserted or omitted in the discretion of the court. If the words are omitted, the power of the inferior court or officer shall not be suspended nor the proceedings stayed.
A.R.S. § 12-921 — Arizona Code / Title 12 / Chapter 7 / Article 6.1 / Section 921
12-921 Proceedings involving initiative or referendum measures; standing to intervene; attorney fees or costs
Status: in_force

12-921. Proceedings involving initiative or referendum measures; standing to intervene; attorney fees or costs

A. In any proceeding in which the constitutionality, legality or application of a law that was enacted through an initiative is at issue, the official initiative proponent, whether an individual, a group of individuals or an organization, that wishes to defend the law shall have the right to intervene as a party and is deemed to have proper standing in the matter.

B. In any proceeding in which the constitutionality, legality or application of a law that was enacted through a referendum is at issue, the legislator who was the first prime sponsor of the referendum and who wishes to defend the law shall have the right to intervene as a party and is deemed to have proper standing in the matter.

C. The only objection that may be raised to a motion to intervene as of right pursuant to this section is that the proposed intervenor does not have a good faith intention to defend the law.  Any party or proposed intervenor may raise this objection.

D. A party who intervenes to defend a law pursuant to this section is not liable for attorney fees or costs of any party who is challenging the constitutionality, legality or application of the law.
A.R.S. § 12-112.01 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 112.01
12-112.01 Education programs; state agency license requirements; state bar members; certified legal document preparers; definition
Status: in_force

12-112.01. Education programs; state agency license requirements; state bar members; certified legal document preparers; definition

A. The supreme court shall provide that if a member of the state bar or a certified legal document preparer attends a continuing education program and earns continuing education credit to fulfill a state agency license renewal requirement, the state bar member or certified legal document preparer shall also earn credit for the member's or document preparer's annual continuing legal education activity requirement for the continuing education program to fulfill the state agency license renewal requirement if that continuing education program does all of the following:

1. Consists of an organized program of learning.

2. Deals with matters directly related to the law.

3. Follows an agenda.

4. Is accompanied by substantive or practical written materials or exercises.

B. For the purposes of this section, "state agency license renewal requirement" means an amount of continuing education that a person must obtain in order to satisfy a requirement imposed by law to maintain or renew a professional license issued by an agency, board, commission or department of this state.
A.R.S. § 12-1574 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1574
12-1574 Issuance, service and return of writ; notice to debtor
Status: in_force

12-1574. Issuance, service and return of writ; notice to debtor

A. When the judgment creditor has complied with the applicable provisions of sections 12-1572 and 12-1573, the clerk, justice of the peace or city or town magistrate shall issue a writ of garnishment of monies or property and a summons commanding the garnishee to appear before the court out of which the writ issued within the time specified in the writ to answer the writ.

B. The writ shall state:

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

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

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

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

C. The judgment creditor, in the manner required for a summons by rules of the court in civil matters or by certified mail, return receipt requested, shall serve on the garnishee two copies of the summons and writ of garnishment, a copy of the underlying judgment, four copies of the answer form, two copies of the notice to judgment debtor and request for hearing form and one copy of the instructions to garnishee provided for in section 12-1596. If served by certified mail, the effective date of service is the date of receipt by the garnishee.

D. Within three days, not including weekends and holidays, the garnishee shall deliver to the judgment debtor a copy of the summons and writ of garnishment, a copy of the underlying judgment and the notice to judgment debtor and request for hearing form.
A.R.S. § 12-3006 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3006
12-3006 Validity of agreement to arbitrate
Status: in_force

12-3006. Validity of agreement to arbitrate

A. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except on a ground that exists at law or in equity for the revocation of a contract.

B. The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

C. An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

D. If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
A.R.S. § 12-2406 — Arizona Code / Title 12 / Chapter 14 / Article 1 / Section 2406
12-2406 Service of notice and application
Status: in_force

12-2406. Service of notice and application

A. A copy of the notice as set forth in sections 12-2402 and 12-2405 and a copy of the application for issuance of any provisional remedy shall be served on each party against whom any remedy will operate in the manner prescribed by law for service of a summons and complaint.

B. The notice and application shall be served by any sheriff, constable or private process server and return shall be made as in the case of a summons and complaint.

C. At the time of serving the notice as set forth in sections 12-2402 and 12-2405, the following notice in English and Spanish shall be served: "Notice! A lawsuit has been filed against you. In order to protect your rights, please read carefully the other papers which were served upon you with this notice!"
A.R.S. § 12-2107 — Arizona Code / Title 12 / Chapter 12 / Article 1 / Section 2107
12-2107 Filing fees on appeal; exception
Status: in_force

12-2107. Filing fees on appeal; exception

A. The appellant in a civil action appealed to the court of appeals or the supreme court, as the case may be, shall upon filing the notice of the appeal pay to the clerk of the superior court in the county from which the action is appealed a filing fee established pursuant to section 12-284. This fee is exclusive of the per page copy fee prescribed by section 12-284. If an appellee files a cross appeal in the same case a filing fee established pursuant to section 12-284 shall be paid to the clerk of the superior court.

B. A filing fee shall not be charged to an appellant for filing an appeal, or to an appellee filing a cross appeal in the same case, to the court of appeals or to the supreme court from an order:

1. Granting or denying a petition for an order of protection under section 13-3602.

2. Granting or denying an injunction against harassment under section 12-1809.

3. Quashing an order of protection or injunction against harassment.
A.R.S. § 12-141 — Arizona Code / Title 12 / Chapter 1 / Article 3 / Section 141
12-141 Appointment of judges pro tempore
Status: in_force

12-141. Appointment of judges pro tempore

Upon request of the presiding judge of the superior court in any county the chief justice of the state supreme court may appoint judges pro tempore of the superior court for such county in the manner provided by this article and subject to the approval of the board of supervisors of the county.
A.R.S. § 12-1257 — Arizona Code / Title 12 / Chapter 8 / Article 9 / Section 1257
12-1257 Liability of tenant
Status: in_force

12-1257. Liability of tenant

A tenant in possession in good faith, under a lease or license from another, is not liable beyond the rent in arrears at the time the action is brought, and that which afterward accrues during continuance of his possession.
A.R.S. § 12-1144 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1144
12-1144 Inclusion of separate parcels in single action
Status: in_force

12-1144. Inclusion of separate parcels in single action

Any number of parcels of land, whether owned by the same or different persons and whether contiguous or not, may be included and condemned in one action, if the parcels are to be used for a single public works project.
A.R.S. § 12-146 — Arizona Code / Title 12 / Chapter 1 / Article 3 / Section 146
12-146 Qualifications of court of appeals judge pro tempore; residence; salary; exclusion from retirement provisions
Status: in_force

12-146. Qualifications of court of appeals judge pro tempore; residence; salary; exclusion from retirement provisions

A. A judge pro tempore of the court of appeals 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 division of his residence or in a division of which he is not a resident.

C. The salary of a judge pro tempore shall be paid for the period of his appointment based on an annual salary equal to that of a judge of the court of appeals. 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. § 12-910 — Arizona Code / Title 12 / Chapter 7 / Article 6 / Section 910
12-910 Scope of review
Status: in_force

12-910. Scope of review

A. An action to review a final administrative decision shall be heard and determined with convenient speed. If requested by a party to an action within thirty days after filing a notice of appeal, the court shall hold an evidentiary hearing, including testimony and argument, to the extent necessary to make the determination required by subsection F of this section. The court may hear testimony from witnesses who testified at the administrative hearing and witnesses who were not called to testify at the administrative hearing.

B. Relevant and admissible exhibits and testimony that were not offered during the administrative hearing shall be admitted, and objections that a party failed to make to evidence offered at the administrative hearing shall be considered, unless either of the following is true:

1. The exhibit, testimony or objection was withheld for purposes of delay, harassment or other improper purpose.

2. Allowing admission of the exhibit or testimony or consideration of the objection would cause substantial prejudice to another party.

C. For review of final administrative decisions of agencies that are exempt from sections 41-1092.03, 41-1092.04, 41-1092.05, 41-1092.06, 41-1092.07, 41-1092.08, 41-1092.09, 41-1092.10, and 41-1092.11, pursuant to section 41-1092.02, the trial shall be de novo if trial de novo is demanded in the notice of appeal or motion of an appellee other than the agency and if a hearing was not held by the agency or the proceedings before the agency were not stenographically reported or mechanically recorded so that a transcript might be made. On demand of any party, if a trial de novo is available under this section, it may be with a jury, except that a trial of an administrative decision under section 25-522 shall be to the court.

D. For review of final administrative decisions of agencies that regulate a profession or occupation pursuant to title 32, title 36, chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter 17, the trial shall be de novo if trial de novo is demanded in the notice of appeal or motion of an appellee other than the agency.

E. The record in the superior court shall consist of the record of the administrative proceeding, and the record of any evidentiary hearing, or the record of the trial de novo.

F. After reviewing the administrative record and supplementing evidence presented at the evidentiary hearing, the court may affirm, reverse, modify or vacate and remand the agency action. The court shall affirm the agency action unless the court concludes that the agency's action is contrary to law, is not supported by substantial evidence, is arbitrary and capricious or is an abuse of discretion. In a proceeding brought by or against the regulated party, the court shall decide all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by an agency, without deference to any previous determination that may have been made on the question by the agency. In a proceeding brought by or against the regulated party, the court shall decide all questions of fact without deference to any previous determination that may have been made on the question by the agency. Notwithstanding any other law, this subsection applies in any action for judicial review of any agency action that is authorized by law.

G. Notwithstanding subsection F of this section, if the action arises out of title 20, chapter 15, article 2, the court shall affirm the agency action unless after reviewing the administrative record and supplementing evidence presented at the evidentiary hearing the court concludes that the action is not supported by substantial evidence, is contrary to law, is arbitrary and capricious or is an abuse of discretion.

H. This section does not apply to any agency action pursuant to title 40, chapter 2, article 5 or 6.2.
A.R.S. § 12-3022 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3022
12-3022 Confirmation of award
Status: in_force

12-3022. Confirmation of award

After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 12-3020 or 12-3024 or is vacated pursuant to section 12-3023.
A.R.S. § 12-1598.12 — Arizona Code / Title 12 / Chapter 9 / Article 4.1 / Section 1598.12
12-1598.12 Reporting by judgment creditor
Status: in_force

12-1598.12. Reporting by judgment creditor

A. Except as provided in subsection B of this section, as long as the order of continuing lien is in effect the judgment creditor shall issue a report in writing to the garnishee and the judgment debtor within twenty-one days after the end of each calendar quarter.

B. The judgment creditor shall report in writing to the garnishee and judgment debtor within twenty-one days after payment is received from the garnishee reducing the outstanding balance on the judgment to $500 or less and within the first ten days of each calendar month thereafter until the judgment is satisfied.

C. The reports required in subsections A and B of this section shall contain the following:

1. The beginning and ending date of the reporting period for that report. The beginning date of the first reporting period is the date the writ was served.

2. The date and amount of each payment received during the reporting period.

3. The total amount credited to the judgment balance for that reporting period.

4. The interest, attorney fees and costs accrued during that reporting period.

5. The total outstanding balance due on the judgment as of the ending date of the reporting period.

D. It is the obligation of the judgment creditor to take reasonable action to ensure that the garnishee does not withhold more nonexempt earnings of the judgment debtor than are necessary to satisfy the underlying judgment. Reasonable action includes at least written notice directed to the garnishee or the garnishee's authorized representative if the balance due on the judgment is less than double the amount of nonexempt earnings received in the preceding two pay periods.  The judgment creditor shall instruct the garnishee to cease withholding earnings after the full amount of the judgment has been paid to the judgment creditor or when the judgment creditor has been notified that sufficient monies have been withheld to satisfy the underlying judgment.

E. Immediately after the underlying judgment is satisfied or expires, the judgment creditor shall file with the clerk of the court a satisfaction or release of the writ and shall deliver a copy of that satisfaction or release to the garnishee, the judgment debtor and any creditor who has delivered a written request for such a notice to the judgment creditor or the judgment creditor's attorney.
A.R.S. § 12-2903 — Arizona Code / Title 12 / Chapter 20 / Article 1 / Section 2903
12-2903 Jurisdiction: transfer approval
Status: in_force

12-2903. Jurisdiction: transfer approval

A. The superior court has jurisdiction over any application for authorization to transfer structured settlement payment rights pursuant to section 12-2902.

B. Not less than twenty days before the scheduled hearing on any application for authorization to transfer structured settlement payment rights, the transferee shall file with the court a notice of the proposed transfer and the application for its authorization and shall serve a copy of the notice on any other government authority that previously approved the structured settlement, on all interested parties.  The notice shall include:

1. A copy of the transferee's application.

2. A copy of the transfer agreement.

3. A copy of the disclosure statement required under section 12-2902.

4. A listing of each of the payee's dependents, together with each dependent's age.

5. A statement that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or other responsible administrative authority or by participating in the hearing.

6. The time and place of the hearing and the manner in which and the time by which written responses to the application must be filed in order to be considered by the court or responsible administrative authority.  An interested party shall have at least fifteen days after service of the transferee's notice in which to respond.
A.R.S. § 12-406 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 406
12-406 Change of venue for cause; grounds; bond; appeal
Status: in_force

12-406. Change of venue for cause; grounds; bond; appeal

A. If either party to a civil action pending in the superior court, after answer has been filed, files an affidavit in the action alleging any of the grounds specified in subsection B and gives five days notice to the opposite party, the venue may be changed as provided in section 12-407.

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

1. That there exists in the county where the action is pending so great a prejudice against the party requesting a change of venue that he cannot obtain a fair and impartial trial.

2. That the convenience of witnesses and the ends of justice would be promoted by the change.

3. That there is other good and sufficient cause, to be determined by the court.

C. The party applying for the change of venue shall at the time of application file a bond to be approved by the judge of the court conditioned that he will pay all costs that may be adjudged against him in the action if the application is granted. The truth and sufficiency of the grounds shall be determined by the court, but a decision thereon refusing the change may be assigned as error on appeal.
A.R.S. § 12-809 — Arizona Code / Title 12 / Chapter 7 / Article 1 / Section 809
12-809 Contempt fine as lien on premises; execution
Status: in_force

12-809. Contempt fine as lien on premises; execution

When an act or acts constituting a contempt have been committed upon a place or building and the owner of an interest therein has been found guilty of such contempt and a fine imposed, the fine shall be a lien upon the place or building to the extent of the interest therein of the person fined. The lien shall be enforceable and collectible by execution issued by order of the court.
A.R.S. § 12-3004 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3004
12-3004 Effect of agreement to arbitrate; nonwaivable provisions
Status: in_force

12-3004. Effect of agreement to arbitrate; nonwaivable provisions

A. Except as otherwise provided in subsections B and C of this section, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law.

B. Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

1. Waive or agree to vary the effect of the requirements prescribed in section 12-2101.01, section 12-3005, subsection A, section 12-3006, subsection A, section 12-3008, section 12-3017, subsection A or B or section 12-3026.

2. Agree to unreasonably restrict the right under section 12-3009 to notice of the initiation of an arbitration proceeding.

3. Agree to unreasonably restrict the right under section 12-3012 to disclosure of any facts by a neutral arbitrator.

4. Waive the right under section 12-3016 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

C. A party to an agreement to arbitrate or to an arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section, section 12-2101.01, section 12-3003, subsection A, paragraph 1 or 3, section 12-3007, 12-3014 or 12-3018, section 12-3020, subsection D or E, section 12-3022, 12-3023 or 12-3024, section 12-3025, subsection A or B or section 12-3028, 12-3029 or 41-2615.
A.R.S. § 12-2101 — Arizona Code / Title 12 / Chapter 12 / Article 1 / Section 2101
12-2101 Judgments and orders that may be appealed
Status: in_force

12-2101. Judgments and orders that may be appealed

A. An appeal may be taken to the court of appeals from the superior court in the following instances:

1. From a final judgment entered in an action or special proceeding commenced in a superior court, or brought into a superior court from any other court, except in actions of forcible entry and detainer when the annual rental value of the property is less than $300.

2. From any special order made after final judgment.

3. From any order affecting a substantial right made in any action when the order in effect determines the action and prevents judgment from which an appeal might be taken.

4. From a final order affecting a substantial right made in a special proceeding or on a summary application in an action after judgment.

5. From an order:

(a) Granting or refusing a new trial or granting a motion in arrest of judgment.

(b) Granting or dissolving an injunction or refusing to grant or dissolve an injunction or appointing a receiver.

(c) Dissolving or refusing to dissolve an attachment or garnishment.

(d) Granting or denying a petition to restore a person's right to possess a firearm pursuant to section 13-925.

(e) Granting or denying a motion to dismiss or quash pursuant to section 12-751, unless the court did not find that the moving party established prima facie proof as prescribed in section 12-751, subsection B.  The court of appeals shall expedite any appeal filed pursuant to this subdivision unless the court for good cause finds that expedited review is not feasible under the circumstances or a court rule specifically provides otherwise.

6. From an interlocutory judgment that determines the rights of the parties and directs an accounting or other proceeding to determine the amount of the recovery.

7. From an interlocutory judgment in any action for partition that determines the rights and interests of the respective parties and directs partition to be made.

8. From any interlocutory judgment, decree or order made or entered in actions to redeem real or personal property from a mortgage thereof or lien thereon, determining such right to redeem and directing an accounting.

9. From a judgment, decree or order entered in any formal proceedings under title 14.

10. From an order or judgment:

(a) Adjudging a person insane or incompetent or committing a person to the state hospital.

(b) Revoking or refusing to revoke an order or judgment adjudging a person insane or incompetent or restoring or refusing to restore to competency any person who has been declared insane or incompetent.

11. From an order or judgment made and entered on habeas corpus proceedings:

(a) The petitioner may appeal from an order or judgment refusing the petitioner's discharge.

(b) The officer having the custody of the petitioner, or the county attorney on behalf of the state, from an order or judgment discharging the petitioner whereupon the court may admit the petitioner to bail pending the appeal.

B. If any order or judgment referred to in this section is made or rendered by a judge it is appealable as if made by the court.
A.R.S. § 12-521 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 521
12-521 Definitions
Status: in_force

12-521. Definitions

A. In this article, unless the context otherwise requires:

1. "Adverse possession" means an actual and visible appropriation of the land, commenced and continued under a claim of right inconsistent with and hostile to the claim of another.

2. "Peaceable possession" means possession which is continuous, and not interrupted by an adverse action to recover the estate.

3. "Real property" includes mines and mining claims.

B. "Peaceable and adverse possession" need not be continued in the same person, but when held by different persons successively there must be a privity of estate between them.
A.R.S. § 12-587 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 587
12-587 Funding judgments for periodic installments
Status: in_force

12-587. Funding judgments for periodic installments

A. Each party liable for all or a portion of a judgment containing periodic installments shall provide funding, separately or jointly, for the unpaid installments in a form prescribed in section 12-588. The funding shall be provided not later than the date the judgment is subject to execution or not later than thirty days after the judgment is entered, whichever is later, unless it is superseded or the power to execute on the judgment is otherwise suspended.

B. A liability insurer having a contractual obligation or a person adjudged to have an obligation to pay all or part of a judgment entered for periodic installments is obligated to provide funding to the extent of the contractual or adjudged obligation. In determining if a judgment containing periodic installments for future damages exceeds limits under a liability insurance policy, the installments for future damages in the judgment shall be discounted to present value under section 12-589 to compute the lump sum value. The lump sum value or the cost of an annuity which would satisfy the funding requirement for installments of future damages, whichever is less, must be added to the total of any lump sum damages contained in the judgment for each claimant. The amount so computed shall be compared to applicable limits under the policy.

C. A judgment creditor or successor in interest and any party having rights under subsection E of this section may at any time subsequent to the judgment request the court to find that funding was not provided or maintained with regard to a judgment obligation owing to the requesting party. If the court finds that such funding as required by the judgment was not provided, the court shall order that funding be provided within the time ordered by the court. If such funding as required by the judgment is not provided within the time specified by the court, the court shall compute the lump sum equivalent of the obligation under section 12-589 and enter a judgment for that amount in favor of the requesting party.

D. If a person who is the only person liable for a portion of a judgment for periodic installments fails to provide or maintain funding, the right to a lump sum judgment under subsection C of this section applies only against that person and the portion of the judgment owed.

E. If more than one person is liable for all or a portion of periodic installments ordered by the judgment, and the required funding is provided by one or more but fewer than all of the persons liable, those providing funding may bring an action to satisfy or protect rights of reimbursement from a person not providing funding. If a person who has provided funding seeks to enforce rights for funding against a nonfunding person, the court may order the nonfunding person to indemnify those providing funding for a proportionate share of the cost of the funding provided or of the cost of an annuity as provided in section 12-588 which would satisfy the funding requirement.

F. If funding approved by the court has been provided, the judgment debtor on whose behalf the funding is provided is discharged and any lien against the judgment debtor is released. A liability insurer providing funding that meets the requirements of section 12-588 on behalf of a judgment debtor, to the extent it is obligated to do so under any applicable liability insurance contract, is deemed to have satisfied its duty to pay damages.

G. The court in which a trial is conducted under this article shall retain jurisdiction to enforce the provisions of this section if a judgment for periodic installments is entered.
A.R.S. § 12-783 — Arizona Code / Title 12 / Chapter 6 / Article 19 / Section 783
12-783 Asbestos personal injury claim; sworn statement; required information; dismissal; definition
Status: in_force

12-783. Asbestos personal injury claim; sworn statement; required information; dismissal; definition

A. In any action involving a personal injury claim arising from exposure to asbestos and in addition to any requirements for asbestos exposure related claims prescribed in section 12-782, a plaintiff shall file a sworn statement within forty-five days after any asbestos action is filed. The sworn statement shall specify the facts that provide the basis for each claim against each defendant and shall include all of the following with specificity:

1. The name, address, date of birth, marital status, occupation, smoking history, current and past worksites and current and past employers for the exposed person and any person through whom the exposed person was exposed to asbestos.

2. Each person who is knowledgeable regarding the plaintiff's exposures.

3. Each asbestos-containing product to which the person was exposed or the other person was exposed if exposure was through another person.

4. The identity of the manufacturer or seller of the specific asbestos product for each exposure.

5. The specific location and manner of each exposure, including for any person through whom the exposed person was exposed to asbestos.

6. The beginning and ending dates of each exposure and the frequency of each exposure including for any person through whom the exposed person was exposed to asbestos.

7. The specific asbestos-related disease claimed to exist.

8. Any supporting documentation relating to the information required by this subsection.

B. A plaintiff has a continuing duty to supplement the information that is required to be disclosed pursuant to subsection A of this section.

C. On motion by a defendant, the court shall dismiss a plaintiff's claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures set forth in subsection A of this section.

D. On motion by a defendant, the court shall dismiss a plaintiff's claim without prejudice as to all defendants if the plaintiff fails to comply with the requirements of this section.

E. For the purposes of this section, "personal injury claim" has the same meaning prescribed in section 12-782.
A.R.S. § 12-345 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 345
12-345 Exemption of state, county, city, town or political subdivision of a county from court fees
Status: in_force

12-345. Exemption of state, county, city, town or political subdivision of a county from court fees

No court costs shall be charged:

1. The state, a county, a city, a town or a political subdivision of a county.

2. A commission, board or department of the state, a county, a city, a town or a political subdivision of a county.

3. An official of the state, county, city, town or political subdivision of a county, who is a party to an action in his official capacity.
A.R.S. § 12-508 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 508
12-508 Effect of acknowledgment upon barred action
Status: in_force

12-508. Effect of acknowledgment upon barred action

When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be charged thereby.
A.R.S. § 12-864 — Arizona Code / Title 12 / Chapter 7 / Article 4 / Section 864
12-864 Direct or constructive contempts; punishment
Status: in_force

12-864. Direct or constructive contempts; punishment

Contempts committed in the presence of the court or so near thereto as to obstruct the administration of justice, and contempts committed by failure to obey a lawful writ, process, order, judgment of the court, and all other contempts not specifically embraced within this article may be punished in conformity to the practice and usage of the common law.
A.R.S. § 12-341.01 — Arizona Code / Title 12 / Chapter 3 / Article 5 / Section 341.01
12-341.01 Recovery of attorney fees
Status: in_force

12-341.01. Recovery of attorney fees

A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees.  If a written settlement offer is rejected and the judgment finally obtained is equal to or more favorable to the offeror than an offer made in writing to settle any contested action arising out of a contract, the offeror is deemed to be the successful party from the date of the offer and the court may award the successful party reasonable attorney fees. This section shall not be construed as altering, prohibiting or restricting present or future contracts or statutes that may provide for attorney fees.

B. The award of reasonable attorney fees pursuant to this section should be made to mitigate the burden of the expense of litigation to establish a just claim or a just defense. It need not equal or relate to the attorney fees actually paid or contracted, but the award may not exceed the amount paid or agreed to be paid.

C. The court and not a jury shall award reasonable attorney fees under this section.
A.R.S. § 12-116.06 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 116.06
12-116.06 Assessment for family offenses, harassment and stalking
Status: in_force

12-116.06. Assessment for family offenses, harassment and stalking

In addition to any other penalty, fine, fee or assessment authorized by law, a person who is convicted of a violation of section 13-2921, 13-2921.01 or 13-2923 or an offense listed in title 13, chapter 36 shall pay an additional assessment of fifty dollars to be deposited by the state treasurer in the domestic violence services fund established by section 36-3002.  This assessment is not subject to any surcharge.  If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer.  If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer.  The city or county treasurer shall transmit the monies received to the state treasurer.
A.R.S. § 12-589 — Arizona Code / Title 12 / Chapter 5.1 / Article 2 / Section 589
12-589 Discounting future damages to present value
Status: in_force

12-589. Discounting future damages to present value

A. If future damages are ordered to be paid in advance of the period to which they apply, the court shall compute the present value of the future payments by discounting each remaining annual payment by a rate of interest equal to the interest rate of the most recent issue of fifty-two week United States treasury bills sold before the date damages are discounted.

B. To compute the present value of a lifetime award of future damages pursuant to section 12-584, subsection C, the duration of the term of payments shall be the life expectancy of the claimant at the time the computation is made prescribed by the race neutral life expectancy table for the appropriate sex in the current population survey collected by the bureau of the census for the bureau of labor statistics of the United States department of labor.
A.R.S. § 12-1803 — Arizona Code / Title 12 / Chapter 10 / Article 1 / Section 1803
12-1803 Times at which injunction may be granted; verified complaint required; service of copy of complaint or affidavits
Status: in_force

12-1803. Times at which injunction may be granted; verified complaint required; service of copy of complaint or affidavits

A. An injunction may be granted at the time of commencing the action upon the complaint, and at any time afterward before judgment upon affidavits. The complaint or the affidavits shall set forth sufficient grounds therefor.

B. An injunction shall not be granted on the complaint unless it is verified by the oath of the plaintiff that he has read the complaint, or heard the complaint read, knows the contents thereof, and that it is true of his own knowledge, except the matters stated therein on information and belief, and that as to those matters, he believes the complaint to be true.

C. A copy of the complaint, or, when granted upon affidavit, a copy of the affidavit, shall be served with the injunction.
A.R.S. § 12-411 — Arizona Code / Title 12 / Chapter 4 / Article 1 / Section 411
12-411 Limitation on changes of venue or judge; selection of county or judge
Status: in_force

12-411. Limitation on changes of venue or judge; selection of county or judge

A. Not more than one change of venue or one change of judge may be granted in any action, but each party shall be heard to urge his objections to a county or judge in the first instance.

B. A change of venue or judge shall be to the most convenient county, or judge, to which the objections of the parties do not apply or are least applicable.

C. If the parties agree upon a county or judge, such county or judge shall be selected.
A.R.S. § 12-1282 — Arizona Code / Title 12 / Chapter 8 / Article 11 / Section 1282
12-1282 Time for redemption
Status: in_force

12-1282. Time for redemption

A. The judgment debtor or his successors in interest may redeem at any time within thirty days after the date of the sale if the court determined as part of the judgment under which the sale was made that the property was both abandoned and not used primarily for agricultural or grazing purposes.

B. The judgment debtor or his successor in interest may redeem at any time within six months after the date of the sale except when the court has made the determinations as provided in subsection A.

C. If the redemption as provided in subsection A or B is not made, the senior creditor having a lien, legal or equitable, upon the premises sold, or any part thereof, subsequent to the judgment under which the sale was made, may redeem within five days after expiration of the applicable period provided in subsection A or B, and each subsequent creditor having a lien in succession, according to priority of liens, within five days after the time allowed the prior lienholder, respectively, may redeem by paying the amount for which the property was sold and all liens prior to his own held by the person from whom redemption is made, together with the eight per cent added to the amount as provided in section 12-1285.
A.R.S. § 12-661 — Arizona Code / Title 12 / Chapter 6 / Article 7 / Section 661
12-661 Liabilities of parents or legal guardians for malicious or wilful misconduct of minors
Status: in_force

12-661. Liabilities of parents or legal guardians for malicious or wilful misconduct of minors

A. Any act of malicious or wilful misconduct of a minor which results in any injury to the person or property of another, to include theft or shoplifting, shall be imputed to the parents or legal guardian having custody or control of the minor whether or not such parents or guardian could have anticipated the misconduct for all purposes of civil damages, and such parents or guardian having custody or control shall be jointly and severally liable with such minor for any actual damages resulting from such malicious or wilful misconduct.

B. The joint and several liability of one or both parents or legal guardian having custody or control of a minor under this section shall not exceed ten thousand dollars for each tort of the minor. The liability imposed by this section is in addition to any liability otherwise imposed by law.

C. Notwithstanding any law to the contrary, nothing in this section limits the right of an insurer to exclude coverage for the acts of a minor imputed to his parent or legal guardian pursuant to this section.
A.R.S. § 12-115 — Arizona Code / Title 12 / Chapter 1 / Article 1 / Section 115
12-115 Additional filing, appearance and answer or response fees; deposit
Status: in_force

12-115. Additional filing, appearance and answer or response fees; deposit

(Rpld. 1/1/31)

A. In addition to any other assessment authorized by law, the supreme court shall establish an additional fee on each filing, appearance and answer or response fee charged by a clerk of the superior court.

B. The clerk shall collect the additional fee and monthly remit the additional fees to the county treasurer. The county treasurer shall transmit the fees to the state treasurer on or before the fifteenth day of each month for deposit, pursuant to sections 35-146 and 35-147, in the fair jury improvement fund established by section 21-222. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. The additional fee may be deferred or waived pursuant to sections 12-302 and 12-304.

D. In establishing the additional fees under subsection A of this section, the supreme court may designate by rule that the additional fees not be imposed on filings in types of cases that involve minimal use of court resources, that are not afforded the opportunity for a trial by jury or that do not involve the use of digital evidence.
A.R.S. § 12-2453 — Arizona Code / Title 12 / Chapter 15 / Article 1 / Section 2453
12-2453 Factors; best interests of minor; burden of proof; emancipation orders; filing requirements
Status: in_force

12-2453. Factors; best interests of minor; burden of proof; emancipation orders; filing requirements

A. The court shall determine emancipation based on the best interests of the minor and shall consider all relevant factors, including:

1. The potential risks and consequences of emancipation and to what degree the minor understands these risks and consequences.

2. The wishes of the minor.

3. The opinions and recommendations of the minor's parent or legal guardian.

4. The financial resources of the minor, including the minor's employment history.

5. The minor's ability to be financially self-sufficient.

6. The minor's level of education and the minor's success in school.

7. Whether the minor has a criminal record.

8. Whether the minor has obtained an offer of employment.

B. The minor has the burden of proof by clear and convincing evidence.

C. The court shall file an emancipation order with the clerk of the court and issue a copy of the order to the minor and the department of economic security or its agent, if the minor is a child in a title IV-D case.

D. An emancipation order issued by a court pursuant to this article:

1. Is conclusive evidence that the minor is emancipated.

2. Terminates a dependency action as to the minor by operation of law.
A.R.S. § 12-1159 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1159
12-1159 Action to recover award paid to wrong person
Status: in_force

12-1159. Action to recover award paid to wrong person

If an award is paid to a person not entitled thereto, the sole recourse of the person entitled to the award is against the person to whom it has been paid. In such event the person entitled to the award may bring an action to recover the award, with interest and costs, as money had and received to his use by the person to whom the award was paid.
A.R.S. § 12-3410 — Arizona Code / Title 12 / Chapter 27 / Article 1 / Section 3410
12-3410 Commissioners
Status: in_force

12-3410. Commissioners

If the court appoints commissioners pursuant to section 12-1215, each commissioner, in addition to the requirements and disqualifications applicable to commissioners, must be disinterested and impartial and not be a party to or a participant in the action.
A.R.S. § 12-1157 — Arizona Code / Title 12 / Chapter 8 / Article 3 / Section 1157
12-1157 Effect of vesting of title
Status: in_force

12-1157. Effect of vesting of title

Upon vesting of title to any property in plaintiff, all the right, title and interest of all persons having an interest therein or lien thereupon shall be divested immediately, and such persons thereafter shall be entitled only to receive compensation for the property.
A.R.S. § 12-1518 — Arizona Code / Title 12 / Chapter 9 / Article 1 / Section 1518
12-1518 State and political subdivisions; use of arbitration
Status: in_force

12-1518. State and political subdivisions; use of arbitration

A. In the discretion of any state agency, board or commission or any political subdivision of this state, the services of the American arbitration association, or any other similar body, may be used as provided by this article. Any agreement to make use of arbitration shall be made either at the time of entering into a contract or by written mutual agreement at a subsequent time prior to the filing of any civil action.

B. Notwithstanding subsection A of this section, a state agency, board or commission shall include an agreement to make use of arbitration in all contracts which are subject to mandatory arbitration pursuant to rules adopted under section 12-133.

C. Notwithstanding subsection A or B of this section, a state agency, board or commission shall include an agreement to make use of arbitration as provided in this article in public works contracts if the amount in controversy is less than one hundred thousand dollars.
A.R.S. § 12-1579 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1579
12-1579 Answer of garnishee
Status: in_force

12-1579. Answer of garnishee

A. The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true answers to the writ. If a partnership is the judgment debtor, or if there are more judgment debtors than one, the garnishee shall answer as to the partnership and as to each judgment debtor named in the writ.

B. The answer of any garnishee, including a corporate garnishee, may be filed by the garnishee without representation by an attorney.

C. At the time of filing the answer, the garnishee shall deliver a copy of the answer to the judgment debtor and the judgment creditor or the judgment creditor's attorney, if applicable.

D. The answer of the garnishee shall set forth the following:

1. Whether the garnishee was indebted to or otherwise in possession of monies of the judgment debtor at the time the writ was served.

2. The total amount of indebtedness or monies in possession of the garnishee at the time the writ was served.

3. The amount of indebtedness or monies withheld by the garnishee pursuant to the writ.

4. The amount of indebtedness or monies not withheld by the garnishee, and the reason for not withholding.

5. Whether the garnishee was in possession of personal property of the judgment debtor at the time the writ was served.

6. A description of each item, or group of items, of personal property of the judgment debtor in the garnishee's possession at the time the writ was served.

7. A list of the personal property withheld by the garnishee pursuant to the writ.

8. What other person or entity, within his knowledge, is indebted to the judgment debtor or in possession of personal property of the judgment debtor.

9. Whether the garnishee is a corporation in which the judgment debtor owns shares of stock or some other interest.

10. A statement of the number and types of shares owned by the judgment debtor and a description of any other interest the judgment debtor owns in the garnishee corporation as of the date the writ was served, as shown on the corporation's records.

11. The name, address and telephone number of the garnishee.

12. The date and manner of delivery to the judgment debtor of a copy of the writ and the notice to judgment debtor.

13. The date and manner of delivery of a copy of the answer to the judgment creditor and judgment debtor.
A.R.S. § 12-3007 — Arizona Code / Title 12 / Chapter 21 / Article 1 / Section 3007
12-3007 Motion to compel or stay arbitration
Status: in_force

12-3007. Motion to compel or stay arbitration

A. On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:

1. If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate.

2. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

B. On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

C. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate pursuant to subsection A or B of this section.

D. The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

E. If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court.  Otherwise, a motion under this section may be made in any court as provided in section 12-3027.

F. If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

G. If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
A.R.S. § 12-1182 — Arizona Code / Title 12 / Chapter 8 / Article 4 / Section 1182
12-1182 Appeal to supreme court; stay and bond
Status: in_force

12-1182. Appeal to supreme court; stay and bond

A. In a forcible entry or forcible detainer action originally commenced in the superior court, an appeal may be taken to the supreme court as in other civil actions.

B. The appeal, if taken by the party in possession of the premises, shall not stay execution of the judgment unless the superior court so orders, and appellant shall file a bond in an amount fixed and approved by the court, conditioned that appellant will prosecute the appeal to effect and will pay the rental value of the premises pending the appeal and all damages, costs, and rent adjudged against him by the superior court or the supreme court.
A.R.S. § 12-1578 — Arizona Code / Title 12 / Chapter 9 / Article 4 / Section 1578
12-1578 Limitations on transfers by garnishee after service; replevin by judgment debtor
Status: in_force

12-1578. Limitations on transfers by garnishee after service; replevin by judgment debtor

A. From and after the service of all of the documents required to be served pursuant to section 12-1574 the garnishee shall not pay to the judgment debtor any monies or deliver to him any personal property which is not exempt, and the garnishee, if a corporation in which the judgment debtor is alleged to be the owner of shares or to have an interest, shall not permit or recognize any sale or transfer of the judgment debtor's shares or interest, if it is within the legal power of the garnishee to do so. Any such payment, delivery, sale or transfer is void and of no effect as to so much of the monies, personal property, shares or interest as is necessary to satisfy the judgment creditor's demand, except that this provision shall not void or impair the rights of a bona fide transferee, for value and without notice of the garnishment, of negotiable instruments, documents of title, corporate stock or securities, or other documents or instruments which embody legal rights transferable only by transfer of the documents or instruments themselves, unless the document or instrument is held by the garnishee at the time of service of the writ of garnishment.

B. A financial institution shall not withhold from the judgment debtor the amount set forth as exempt pursuant to section 33-1126, subsection A, paragraph  9, unless ordered by the court to do so after a hearing pursuant to section 12-1580.

C. The judgment debtor may at any time before judgment replevy any property garnished by giving bond to be approved and filed in the action by the officer who issued the writ of garnishment, in double the amount of the judgment creditor's debt, or, at the judgment debtor's option, by giving bond for the value of the property garnished as determined by the court, justice of the peace or city or town magistrate, and conditioned upon the payment of any judgment that may be given against the garnishee in the action or for payment of the value of the property garnished.

D. When the judgment debtor gives bond, he may make any defense which the garnishee could make in such action.

E. If judgment is given in favor of the judgment creditor it shall be against the judgment debtor and the sureties on the replevin bond for the amount of such judgment.
A.R.S. § 12-523 — Arizona Code / Title 12 / Chapter 5 / Article 2 / Section 523
12-523 Real property in adverse possession under title or color of title; three year limitation
Status: in_force

12-523. Real property in adverse possession under title or color of title; three year limitation

A. An action to recover real property from a person in peaceable and adverse possession under title or color of title shall be commenced within three years after the cause of action accrues, and not afterward.

B. "Title" means a regular chain of transfer from or under sovereignty of the soil. "Color of title" means a consecutive chain of such transfer down to the person in possession without being regular, as if one or more of the memorials or muniments is not recorded or not duly recorded or is only in writing, or such like defect as does not extend to or include the want of intrinsic fairness and honesty, or when the party in possession holds the real property by a land warrant or land scrip, with a chain of transfer down to him in possession.
A.R.S. § 12-818 — Arizona Code / Title 12 / Chapter 7 / Article 1.1 / Section 818
12-818 Petition by commercial operators or qualified electors for action
Status: in_force

12-818. Petition by commercial operators or qualified electors for action

If the attorney general, a county attorney or a city attorney receives a petition alleging the existence of a nuisance subject to the provisions of this article and determines that there are reasonable grounds to believe that such a nuisance exists, an action to abate such nuisance shall be brought forthwith. Such petition may be signed by only persons who operate commercial enterprises within a one-half mile radius of the location of the alleged nuisance or who are qualified electors whose voting address is within a one-half mile radius of the location of the alleged nuisance. Such petition must be signed by at least one hundred of the persons eligible to sign or fifty per cent of the persons eligible to sign, whichever is greater.
A.R.S. § 12-509 — Arizona Code / Title 12 / Chapter 5 / Article 1 / Section 509
12-509 Presumption of death from five year absence; restoration of estate recovered upon presumption
Status: in_force

12-509. Presumption of death from five year absence; restoration of estate recovered upon presumption

A. A person absenting himself from the place of his last domicile for five years successively shall be presumed dead in any action wherein his death comes in question, unless proof is made that he was alive within that time.

B. Except as otherwise provided in section 14-3412, if in a subsequent action the person presumed, under subsection A, to be dead is proved to be living, the estate shall be restored to him and he may moreover demand and recover the rents and profits of the estate during the time that he has been deprived thereof, with interest.