reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2404 - Application for provisional remedy with notice

12-2404.
Application for provisional remedy with notice
A. A party may at any time after the filing of a civil action make application,  under oath,  to the court to issue any provisional remedy allowed by law.
B. Such application shall be filed with the judge,  justice of the peace or clerk of any superior or justice court and shall set forth the factual and legal basis for each provisional remedy sought.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2405 - Notice; form of notice

12-2405.
Notice;  form of notice
Upon the filing of an application as provided in section 12-2404,  the justice of the peace or clerk of any superior court shall issue a notice directed to any party against whom any provisional remedy would operate substantially in the following form:
" NOTICE
You are hereby notified that your (property) may be taken away from you by (party seeking provisional remedy),  who says that you owe (such party) a debt of $(amount). (Party seeking provisional remedy),  your creditor,  wants to take your property so that (such party) can be sure you will pay if the court decides that you owe money to (party seeking provisional remedy). If you do not want to have your property taken away,  you may ask for a hearing before a court. You may ask for the hearing anytime in the next ten days. The hearing will take place within five working days after you ask for it. You may ask for the hearing by checking the box at the bottom of this notice and filing it with the court or division of the court,  at the following address: (address of court or division of the court). You must also send a copy to (party seeking provisional remedy) at (address),  so that (such party) knows you want the hearing. At the hearing the court will decide whether the claim against you is probably valid and whether other legal requirements have been met. If you do not check the box requesting a date for a hearing and take this notice to the court within ten days,  the court will automatically assume you do not want a hearing and you will lose your right to a hearing. Then (party seeking provisional remedy) may take your property with the court's permission."
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2406 - Service of notice and application

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!"
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2407 - Time to request hearing date; form of request

12-2407.
Time to request hearing date;  form of request
A. Each party served with a copy of the notice set forth in section 12-2405 and an application for any provisional remedy may request a date be set for the hearing on such application by filing with the clerk of the court within ten days after service of the notice a written request for hearing date. A copy of such request for hearing date shall be mailed by the clerk to the attorney for or the party seeking the provisional remedy.
B. The request for hearing date shall be in writing,  but need not set forth defensive matter. It shall only indicate that a date for hearing be set and need not be under oath.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2408 - Default

12-2408.
Default
A. If no request for hearing date is filed within the time provided by section 12-2407,  the party seeking any provisional remedy,  or that party's attorney,  shall file an affidavit of default setting forth that service was made,  that no request for hearing date was filed and that the party against whom any provisional remedy is sought is in default. Such party,  or that party's attorney,  shall also file a proposed form of the written order required by section 12-2409,  subsections B and C. Upon filing of such affidavit,  the clerk shall enter the default of record and any party so defaulted loses such party's right to a hearing.
B. If the action is pending in superior court,  the clerk upon entry of default shall immediately deliver the court file to the judge to whom the matter is assigned.
C. If the action is pending in justice court,  the clerk shall upon entry of default immediately deliver the court file to the justice of the peace.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2409 - Judicial review of application; issuance of provisional remedies

12-2409.
Judicial review of application;  issuance of provisional remedies
A. The judge or justice of the peace shall within five days,  exclusive of weekends and holidays,  after entry of default as provided in section 12-2408,  review and examine all pleadings,  affidavits and documents filed in the action to determine the following:
1. That an affidavit has been filed by the person who served a copy of the application and notice evidencing service.
2. That the affidavit of default required by section 12-2408 has been filed and the default entered by the clerk.
3. That the claim or claims of the party seeking any provisional remedy are based on facts stated in the affidavit sufficient to show that such claim or claims are valid.
4. That any statutory requirement for the issuance of any provisional remedy sought exists.
5. That any other pleadings or affidavits required by law as a prerequisite for the issuance of any provisional remedy sought have been filed.
B. If the judge or justice of the peace finds that the requirements of subsection A have been met,  the provisional remedy shall be issued.
C. Written findings that the requirements of subsection A have been met shall be included in the order issuing any provisional remedy.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2410 - Hearing; procedure; issues

12-2410.
Hearing;  procedure;  issues
A. Upon filing of a request for hearing pursuant to section 12-2407,  the party seeking any provisional remedy or the court shall cause the matter to be set for hearing.
B. Hearing shall be before a judge or justice of the peace and shall be heard no later than five days exclusive of weekends or holidays after the filing of a request for a hearing date,  or at a later time with the consent of all parties.
C. Any hearing on an application for any provisional remedy shall be limited to the following issues:
1. The probable validity of the applicant's claim or claims and any defenses and claims of personal property exemptions of the party against whom such provisional remedy will operate.
2. The existence of any statutory requirements for the issuance of any provisional remedies sought.
D. If after hearing the court finds probable cause to believe the claim of the applicant is valid and that the statutory requirements for any provisional remedy have been met,  such remedy shall be issued forthwith.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2411 - Attorney's fees

12-2411.
Attorney's fees
If a hearing is held pursuant to section 12-2402,  subsection C,  or section 12-2410 and the provisional remedy ordered issued is quashed or no provisional remedy is ordered issued the court may award reasonable attorney's fees to the party against whom the provisional remedy was issued or was sought to be issued.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2451 - Petition for emancipation order; requirements; notification; representation; waiver of filing fees

12-2451.
Petition for emancipation order;  requirements;  notification;  representation;  waiver of filing fees
A. A minor who wishes to be emancipated may file a petition for an emancipation order with the clerk of the court in the county in which the minor resides if all of the following apply:
1. The minor is at least sixteen years of age.
2. The minor is a resident of this state.
3. The minor is financially self-sufficient.
4. The minor acknowledges in writing that the minor has read and understands information that is provided by the court and that explains the rights and obligations of an emancipated minor and the potential risks and consequences of emancipation.
B. A petition filed pursuant to this section must contain the following:
1. The petitioner's name,  mailing address,  social security number and date of birth.
2. The name and mailing address of the petitioner's parent or legal guardian,  if known.
3. Specific facts to support the petition,  including:
(a) The minor's demonstrated ability to manage the minor's financial affairs including proof of employment or other means of support.
(b) The minor's demonstrated ability to manage the minor's personal and social affairs,  including proof of housing.
(c) The minor's demonstrated ability to live wholly independent of the minor's parent.
(d) The minor's demonstrated ability and commitment to obtain or maintain education,  vocational training or employment.
(e) How the minor will obtain or maintain health care.
(f) Any other information considered necessary to support the petition.
(g) At least one of the following:
(i) Documentation that the minor has been living on the minor's own for at least three consecutive months.
(ii) A statement explaining why the minor believes the home of the minor's parent or legal guardian is not a healthy or safe environment.
(iii) A notarized statement that contains written consent to the emancipation and an explanation by the minor's parent or legal guardian.
(h) Whether the minor has obtained an offer of employment.
C. The court shall hold a hearing on the petition within ninety days after the date of its filing and shall notify the petitioner and the petitioner's parent or legal guardian of the date and place of the hearing by certified mail at least sixty days before the hearing date. For good cause shown,  the court may continue the initial emancipation hearing.
D. The minor's parent or legal guardian may file a written response objecting to the emancipation within thirty days after service of the notice of the hearing.
E. The minor may participate in the court proceedings on the minor's own behalf or be represented by an attorney chosen by the minor. If the court determines it necessary,  the court may appoint a guardian ad litem for the petitioner.
F. The court may reduce or waive the fee prescribed in section 12-284 for filing a petition for emancipation of a minor for financial hardship.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2452 - Additional court orders

12-2452.
Additional court orders
A. Before an emancipation case proceeds,  the court may stay the proceedings and:
1. Refer the parties to mediation.
2. If the court reasonably believes that the petition contains an allegation of child abuse or neglect,  require the department of child safety to investigate the allegation and make a written report of the investigation to the court.
B. If the minor's parent or legal guardian objects to the petition for emancipation,  the court shall stay the proceeding and refer the parties to mediation or alternative dispute resolution unless the court reasonably believes that mediation would not be in the best interest of the minor. The court may consider any of the following:
1. The minor's parent or legal guardian has been convicted of abuse,  neglect or abandonment.
2. The minor's parent or legal guardian is named as a perpetrator of abuse,  neglect or abandonment in the protective services central registry pursuant to section 8-804.
3. Any other information the court deems relevant.
C. If agreement is reached through mediation,  the parties shall submit the signed mediation agreement to the court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2453 - Factors; best interests of minor; burden of proof; emancipation orders; filing requirements

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2454 - Effect of emancipation

12-2454.
Effect of emancipation
A. An emancipation order issued pursuant to this article recognizes the minor as an adult for the following purposes:
1. The right to enter into a binding contract.
2. The ability to sue and be sued.
3. The right to buy and sell real property.
4. The right to establish a legal residence.
5. The obligation to pay child support.
6. The right to incur debts.
7. The right to access medical treatment and records.
8. The right to consent to medical,  dental and psychiatric care without parental consent,  knowledge or liability.
9. The right to consent to medical,  dental and psychiatric care for the emancipated minor's child.
10. Eligibility for social services.
11. The right to obtain a license to operate equipment or perform a service.
12. The right to apply for enrollment in any school or college.
13. The ability to apply for loans.
14. The ability to pursue any other opportunity that is provided by law to a person who is at least eighteen years of age.
B. An emancipation order issued pursuant to this article terminates a parent's or legal guardian's:
1. Right to the emancipated minor's income.
2. Future child support obligations relating to the emancipated minor.
3. Tort liability for the emancipated minor's actions.
4. Obligation to financially support the emancipated minor after the first day of the month following entry of this order.
5. Obligation to provide medical support for the emancipated minor.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2456 - Emancipation administrative costs fund; purpose; report; collection of information

12-2456.
Emancipation administrative costs fund;  purpose;  report;  collection of information
A. Each county treasurer shall establish an emancipation administrative costs fund consisting of monies received pursuant to section 12-284,  subsection J.
B. The presiding judge of the juvenile court shall use fund monies for administrative costs associated with this article.
C. On notice of the presiding judge,  the county treasurer shall invest monies in the fund and monies earned from investment shall be credited to the fund.
D. On or before November 15 of each year,  the county treasurer shall submit a report to the presiding judge that shows the amount of monies in the fund. Beginning July 1,  2011,  the report shall be submitted electronically.
E. Beginning October 1,  2005,  the administrative office of the courts shall collect information relating to emancipation of minors pursuant to this chapter,  including the following:
1. The number of petitions filed,  by age and county of residence.
2. The number of petitions granted,  by age and county of residence.
F. The administrative office of the courts shall include the information collected pursuant to subsection E of this section in the annual report of the judicial department.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2501 - Right to contribution; definition

12-2501.
Right to contribution;  definition
A. Except as otherwise provided in this article,  if two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death,  there is a right of contribution among them even though judgment has not been recovered against all or any of them.
B. The right of contribution exists only in favor of a tortfeasor who has paid more than his pro rata share of the common liability,  and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.
C. There is no right of contribution in favor of any tortfeasor who the trier of fact finds has intentionally,  wilfully or wantonly caused or contributed to the injury or wrongful death.
D. A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
E. A liability insurer,  which by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer,  is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This subsection does not limit or impair any right of subrogation arising from any other relationship.
F. This section and sections 12-2502,  12-2503,  12-2504,  12-2508 and 12-2509 do not:
1. Impair any right of indemnity under existing law. If one tortfeasor is entitled to indemnity from another,  the right of the indemnity obligee is for indemnity and not contribution,  and the indemnity obligor is not entitled to contribution from any obligee for any portion of his indemnity obligation.
2. Apply to breaches of trust or of other fiduciary obligation.
3. Create a right of contribution against an employer or other person who has paid or who is liable for workmen's compensation in connection with an injury or death pursuant to title 23,  chapter 6,  unless the employer or other person is subject to direct suit under section 23-1022. For purposes of determining the amount of pro rata shares under this article,  any employer or other person who has paid or who is liable for workmen's compensation shall not be considered unless the employer or other person is subject to direct suit under section 23-1022.
G. As used in this article,  " property damage"  means both physical damage to tangible property and economic loss proximately caused by a breach of duty.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2502 - Pro rata shares

12-2502.
Pro rata shares
In determining the pro rata share of tortfeasors in the entire liability:
1. Their relative degrees of fault are the basis for allocation.
2. If equity requires,  the collective liability of some as a group constitutes a single share.
3. Principles of equity applicable to contribution generally apply.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2503 - Enforcement

12-2503.
Enforcement
A. Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death,  contribution may be enforced by separate action.
B. If a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death,  contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion on notice to all parties to the action.
C. If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution,  any separate action by him to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.
D. If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution,  his right of contribution is barred unless he has either:
1. Discharged by payment the common liability within the statute of limitations period applicable to the claimant's right of action against him and has commenced his action for contribution within one year after payment.
2. Agreed while action is pending against him to discharge the common liability and has within one year after the agreement paid the liability and commenced his action for contribution.
E. The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair a right of contribution.
F. The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death is binding as among the defendants in determining their right to contribution. If the claimant's case is tried,  the trier of fact shall apportion and determine the respective degrees of fault of the defendants to the action.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2504 - Release or covenant not to sue

12-2504.
Release or covenant not to sue
If a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death both of the following apply:
1. It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide,  but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant or in the amount of the consideration paid for it,  whichever is the greater.
2. It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2505 - Comparative negligence; definition

12-2505.
Comparative negligence;  definition
A. The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense,  the claimant's action is not barred,  but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which is a proximate cause of the injury or death,  if any. There is no right to comparative negligence in favor of any claimant who has intentionally,  wilfully or wantonly caused or contributed to the injury or wrongful death.
B. In this section,  " claimant's fault"  includes the fault imputed or attributed to a claimant by operation of law,  if any.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2507 - Treatment of counterclaims and cross claims

12-2507.
Treatment of counterclaims and cross claims
A counterclaim or cross claim for injury to person or property or for wrongful death shall be treated as an independent claim for purposes of section 12-2506. A claim and counterclaim shall not be set off against each other except by agreement of both parties.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2508 - Redetermination of contribution shares

12-2508.
Redetermination of contribution shares
On motion made not later than one year after a judgment imposing joint and several liability and determining contribution rights is entered,  the court shall determine whether all or part of a tortfeasor's contribution share under section 12-2502 is uncollectible from that tortfeasor. If a contribution share is totally or partially uncollectible,  the court shall redetermine the contribution shares of the other tortfeasors so that the uncollectible contribution amount is paid,  based on the ratio of the percentages of the contribution shares of the other tortfeasors. The court's order redetermining the contribution shares shall include a judgment for the uncollectible amount against the tortfeasor whose share is totally or partially uncollectible and in favor of the other tortfeasors.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2509 - Scope of contribution and comparative negligence

12-2509.
Scope of contribution and comparative negligence
A. The right to contribution under sections 12-2501 through 12-2504 applies to all tortfeasors whose liability is based on negligence,  strict liability in tort or any product liability action,  as defined in section 12-681,  including warranty.
B. If an action involves claims for relief alleging both negligence and strict liability in tort,  and if section 12-2505 is applied with respect to the negligence claims for relief,  the reduction in damages under section 12-2505 shall be applied to the damages awarded against all defendants,  except that contributory negligence,  as distinguished from assumption of risk,  is not a defense to a claim alleging strict liability in tort,  including any product liability action,  as defined in section 12-681,  except claims alleging negligence.
C. For purposes of section 12-2502,  section 12-2503,  subsection F and section 12-2505 with respect to cases involving assumption of risk,  the relative degree of fault of a person strictly liable in tort is the defect causing injury to the claimant. Among two or more persons strictly liable in tort who are entitled to claim contribution against each other,  the relative degree of fault of each is the degree to which each contributed to the defect causing injury to the claimant.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2601 - Definitions

12-2601.
Definitions
In this article,  unless the context otherwise requires:
1. " Claim"  means a legal cause of action except for actions relating to health care under sections 12-561 through 12-563 of this title or under title 46,  chapter 4 or an affirmative defense to which all of the following apply:
(a) The claim is asserted against a licensed professional in a complaint,  answer,  cross-claim,  counterclaim or third party complaint.
(b) The claim is based on the licensed professional's alleged breach of contract,  negligence,  misconduct,  errors or omissions in rendering professional services.
(c) Expert testimony is necessary to prove the licensed professional's standard of care or liability for the claim.
2. " Expert"  means a person who is qualified by knowledge,  skill,  experience,  training or education to express an opinion regarding a licensed professional's standard of care or liability for the claim.
3. " Licensed professional"  means a person,  corporation,  professional corporation,  partnership,  limited liability company,  limited liability partnership or other entity that is licensed by this state to practice a profession or occupation under title 20 or 32 or that is admitted to the state bar.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2604 - Expert witness qualifications; medical malpractice actions

12-2604.
Expert witness qualifications;  medical malpractice actions
A. In an action alleging medical malpractice,  a person shall not give expert testimony on the appropriate standard of practice or care unless the person is licensed as a health professional in this state or another state and the person meets the following criteria:
1. If the party against whom or on whose behalf the testimony is offered is or claims to be a specialist,  specializes at the time of the occurrence that is the basis for the action in the same specialty or claimed specialty as the party against whom or on whose behalf the testimony is offered. If the party against whom or on whose behalf the testimony is offered is or claims to be a specialist who is board certified,  the expert witness shall be a specialist who is board certified in that specialty or claimed specialty.
2. During the year immediately preceding the occurrence giving rise to the lawsuit,  devoted a majority of the person's professional time to either or both of the following:
(a) The active clinical practice of the same health profession as the defendant and,  if the defendant is or claims to be a specialist,  in the same specialty or claimed specialty.
(b) The instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant and,  if the defendant is or claims to be a specialist,  in an accredited health professional school or accredited residency or clinical research program in the same specialty or claimed specialty.
3. If the defendant is a general practitioner,  the witness has devoted a majority of the witness's professional time in the year preceding the occurrence giving rise to the lawsuit to either or both of the following:
(a) Active clinical practice as a general practitioner.
(b) Instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant.
B. If the defendant is a health care institution that employs a health professional against whom or on whose behalf the testimony is offered,  the provisions of subsection A apply as if the health professional were the party or defendant against whom or on whose behalf the testimony is offered.
C. This section does not limit the power of the trial court to disqualify an expert witness on grounds other than the qualifications set forth under this section.
D. An expert witness in a medical malpractice case shall not be permitted to testify if the fee of the witness is in any way contingent on the outcome of the case.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2605 - Evidence of admissions; civil proceedings; unanticipated outcomes; medical care

12-2605.
Evidence of admissions;  civil proceedings;  unanticipated outcomes;  medical care
In any civil action that is brought against a health care provider as defined in section 12-561 or in any arbitration proceeding that relates to the civil action,  any statement,  affirmation,  gesture or conduct expressing apology,  responsibility,  liability,  sympathy,  commiseration,  condolence,  compassion or a general sense of benevolence that was made by a health care provider or an employee of a health care provider to the patient,  a relative of the patient,  the patient's survivors or a health care decision maker for the patient and that relates to the discomfort,  pain,  suffering,  injury or death of the patient as the result of the unanticipated outcome of medical care is inadmissible as evidence of an admission of liability or as evidence of an admission against interest.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2701 - Definitions

12-2701.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Immigration or naturalization matter"  includes all matters implicating any law,  action,  filing or proceeding related to a person's immigration or citizenship status in the United States.
2. " Original document"  means any document of the United States government or any department or agency of the United States government,  any foreign government,  any state government or any political subdivision of any state,  any United Nations document or any other document,  including signed affidavits,  that would demonstrate physical presence by a person in the United States.
3. " Unauthorized practice of immigration and nationality law"  means:
(a) The act of any person appearing in any case,  either in person or through preparation or filing of any brief or other document,  paper,  application or petition on behalf of another person or client before or with the immigration and naturalization service,  or any officer of the immigration and naturalization service,  the executive office for immigration review or the board of immigration appeals,  without authorization under this chapter.
(b) The study of the facts of a case and the applicable laws,  coupled with giving advice and auxiliary activities,  including the incidental preparation of papers,  without authorization under this chapter,  but does not include the lawful functions of a notary public,  nonprofit organization or service consisting solely of assistance in the completion of blank spaces on printed immigration and naturalization service forms by a person whose remuneration,  if any,  is nominal and who does not hold himself out as qualified in legal matters or in immigration and naturalization procedure.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2703 - Scope of remedies; violation; classification

12-2703.
Scope of remedies;  violation;  classification
A. It is unlawful for any person to render for compensation any service constituting the unauthorized practice of immigration and nationality law or to otherwise violate this chapter.
B. A person having an interest or right that is or may be adversely affected under this chapter may initiate an action for civil remedies. The provisions of this article are in addition to all other causes of action,  remedies and penalties that are available in this state.
C. The attorney general shall initiate appropriate proceedings to prevent or to stop violations of this chapter.
D. Section 13-703,  subsection A does not apply for the purpose of enhancing the sentence of a person who is convicted of two or more offenses under this section.
E. A person who violates this chapter is guilty of a class 6 felony.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2704 - Unlawful practices; investigation

12-2704.
Unlawful practices;  investigation
An act or practice in violation of this chapter constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action pursuant to title 44,  chapter 10,  article 7.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2801 - Definitions

12-2801.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Genetic test"  or " genetic testing" :
(a) Means a test of a person's genes,  genetic sequence,  gene products or chromosomes for abnormalities or deficiencies,  including carrier status,  that:
(i) Are linked to physical or mental disorders or impairments.
(ii) Indicate a susceptibility to any illness,  disease,  impairment or other disorder,  whether physical or mental.
(iii) Demonstrate genetic or chromosomal damage due to any environmental factor.
(b) Does not include:
(i) Chemical,  blood and urine analyses that are widely accepted and used in clinical practice and that are not used to determine genetic traits.
(ii) Tests used in a criminal investigation or prosecution or as a result of a criminal conviction.
(iii) Tests for the presence of the human immunodeficiency virus.
(iv) Tests to determine paternity conducted pursuant to title 25,  chapter 6,  article 1.
(v) Tests given for use in biomedical research that is conducted to generate scientific knowledge about genes or to learn about the genetic basis of disease or for developing pharmaceutical and other treatment of disease.
2. " Health care decision maker"  means a person who is authorized to make health care treatment decisions for the patient,  including a parent of a minor and a person who is authorized to make these decisions pursuant to title 14,  chapter 5,  article 2 or 3 or section 8-514.05,  36-3221,  36-3231 or 36-3281.
3. " Health care provider"  means physicians licensed pursuant to title 32,  chapter 13,  14 or 17,  physician assistants licensed pursuant to title 32,  chapter 25,  registered nurse practitioners licensed pursuant to title 32,  chapter 15,  health care institutions as defined in section 36-401 and clinical laboratories licensed pursuant to title 36,  chapter 4.1.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2803 - Testing of minors; notice to parents; informed consent

12-2803.
Testing of minors;  notice to parents;  informed consent
A. A genetic test shall not be conducted on an unemancipated minor without the consent of the parent or legal guardian of the minor except for testing under the newborn screening program pursuant to section 36-694.
B. A physician who orders the genetic testing of an unemancipated minor shall notify the child's parent or legal guardian of the results of the test.
C. Except for the circumstances prescribed in section 12-2802,  subsection A,  paragraph 4,  7 or 9,  a health care provider shall not conduct a genetic test on a person unless the health care provider first obtains written informed consent from the person to be tested or from the person's authorized representative.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2804 - Public records

12-2804.
Public records
A. Information and records held by a state agency or a local health authority relating to genetic testing information are confidential and are exempt from the public copying and inspection requirements of title 39,  chapter 1,  article 2.
B. A state agency or a local health authority shall not release or make available to the public genetic testing information and records.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2903 - Jurisdiction: transfer approval

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2904 - Waiver; penalties

12-2904.
Waiver;  penalties
A. The provisions of this chapter shall not be waived.
B. A payee who proposes to make a transfer of structured settlement payment rights shall not inure any penalty,  forfeit any application fee or other payment or otherwise incur any liability to the proposed transferee based on any failure of the transfer to satisfy the conditions specified in section 12-2902.
C. Any transfer agreement entered into on or after the effective date of this section by a payee who resides in this state shall provide that disputes under the transfer agreement,  including any claim that the payee has breached the agreement,  shall be determined in and under the laws of this state. A transfer agreement shall not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
D. A transfer of structured settlement payment rights shall not extend to any payments that are life contingent unless,  before the date on which the payee signs the transfer agreement,  the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for both of the following:
1. Periodically confirming the payee's survival.
2. Giving the annuity issuer and the structured settlement obligor prompt written notice if the payee dies.
E. Compliance with the requirements and fulfillment of the conditions set forth in this chapter is the sole responsibility of the transferee in any transfer of structured settlement payment rights,  and the structured settlement obligor or the annuity issuer is not responsible for,  or any liability arising from,  noncompliance with the requirements or failure to fulfill the requirements of this chapter.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-3001 - Definitions

12-3001.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Arbitration organization"  means an association,  agency,  board,  commission or other entity that is neutral and that initiates,  sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator.
2. " Arbitrator"  means an individual who is appointed to render an award,  alone or with others,  in a controversy that is subject to an agreement to arbitrate.
3. " Court"  means a court of competent jurisdiction in this state.
4. " Knowledge"  means actual knowledge.
5. " Person"  means an individual,  corporation,  business trust,  estate,  trust,  partnership,  limited liability company,  association,  joint venture,  government or governmental subdivision,  agency or instrumentality or public corporation or any other legal or commercial entity.
6. " Record"  means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-3002 - Notice

12-3002.
Notice
A. Except as otherwise provided in this chapter,  a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course,  whether or not the other person acquires knowledge of the notice.
B. A person has notice if the person has knowledge of the notice or has received notice.
C. A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business or at another location held out by the person as a place of delivery of such communications.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-3003 - Applicability

12-3003.
Applicability
A. Except as provided in subsection B:
1. This chapter governs an agreement to arbitrate made on or after January 1,  2011.
2. This chapter governs an agreement to arbitrate made before January 1,  2011 if all the parties to the agreement or to the arbitration proceeding so agree in a record.
3. On or after January 1,  2011,  this chapter governs an agreement to arbitrate whenever made.
B. Beginning January 1,  2011 this chapter shall not apply to an agreement to arbitrate any existing or subsequent controversy:
1. Between an employer and employee or their respective representatives.
2. Contained in a contract of insurance.
3. Between a national banking association or a federal savings association or its affiliate,  subsidiary or holding company and any customer.
4. If the arbitration is conducted or administered by a self-regulatory organization as defined in the securities exchange act of 1934 (15 United States Code section 78c),  the commodity exchange act (7 United States Code chapter 1) or regulations adopted under those acts.
C. An agreement to arbitrate that is described in subsection B,  paragraphs 2,  3 and 4 shall be governed by chapter 9,  article 1 of this title.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-3004 - Effect of agreement to arbitrate; nonwaivable provisions

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-3005 - Application for judicial relief

12-3005.
Application for judicial relief
A. An application for judicial relief under this chapter must be made by motion to the court and heard in the manner provided by law or court rule for making and hearing motions.
B. Unless a civil action involving the agreement to arbitrate is pending,  notice of an initial motion to the court under this chapter must be served in the manner provided by law for the service of a summons in a civil action. Otherwise,  notice of the motion must be given in the manner provided by law or court rule for serving motions in pending cases.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-3006 - Validity of agreement to arbitrate

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.