reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-712 - Affirmative defense; limitation; criminal act

12-712.
Affirmative defense;  limitation;  criminal act
A. In any civil action,  the finder of fact may find the defendant not liable if the defendant proves that the claimant or,  if the claimant is an heir or the estate of a deceased person,  the decedent was attempting to commit,  committing or immediately fleeing from a felony criminal act and as a result of that act,  attempted act or flight the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm.
B. In any civil action,  the finder of fact may find the defendant not liable if the defendant proves that the defendant did not act intentionally and that the claimant or,  if the claimant is an heir or the estate of a deceased person,  the decedent was attempting to commit,  committing or immediately fleeing from a misdemeanor criminal act and as a result of that act,  attempted act or flight the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm.
C. Notwithstanding subsection A or B of this section,  in any civil action,  the finder of fact may find the defendant not liable if the defendant proves that the defendant did not act intentionally and that the claimant or,  if the claimant is an heir or the estate of a deceased person,  the decedent was attempting to commit,  committing or immediately fleeing from an act in violation of section 13-1802,  subsection A,  paragraph 7 or 8 and,  as a result of that act,  attempted act or flight,  the claimant or decedent was in any way responsible for the accident or event that caused the claimant's or decedent's harm.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-713 - Providers of emergency services; civil liability

12-713.
Providers of emergency services;  civil liability
In the provision of 911 services,  a person,  a provider as defined in section 42-5251 or a public entity or any employee of the public entity is not liable for damages in any civil action for injuries,  death or loss to a person or property that are incurred by any person with respect to all decisions made and actions or omissions taken that are based on good faith implementation except in the cases of wanton or wilful misconduct,  regardless of technology platform including a public safety radio communications network,  that receives,  develops,  collects or processes information for the service's location information databases,  relays,  transfers,  operates,  maintains or provides emergency notification services or system capabilities,  or provides emergency communications or services for ambulances,  police and fire departments or other public safety entities.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-715 - Donation of fire or emergency medical services equipment; exemption from civil liability; definition

12-715.
Donation of fire or emergency medical services equipment;  exemption from civil liability;  definition
A. A person,  a public entity or any other legal entity that makes a good faith donation of used or excess fire control,  fire rescue or emergency medical services equipment to a fire department,  fire district or volunteer fire department and that at the time of making the donation believes that the equipment is serviceable is not liable for damages in any civil action for any injury or death due to the condition of the equipment unless the injury or death is a direct result of the intentional misconduct,  gross or ordinary negligence of the donor. This subsection also applies to equipment that is acquired through the federal excess personal property program established by the federal property and administrative services act of 1949 (P.L. 81-152;  63 Stat. 377;  40 United States Code section 483).
B. A fire department,  fire district or volunteer fire department that in good faith receives a donation of serviceable fire control,  fire rescue or emergency medical services equipment and that at the time of the donation reasonably believes that the equipment is serviceable is not liable for damages in any civil action for any injury or death due to the condition of the equipment unless the injury or death is a direct result of the intentional misconduct or gross negligence of the fire department,  fire district or volunteer fire department. After placing the donated equipment into service,  a fire department,  fire district or volunteer fire department shall maintain the donated equipment in a safe and serviceable manner.
C. For the purposes of this section,  " fire control,  fire rescue or emergency medical services equipment"  means any vehicle,  fire fighting tool,  protective clothing,  breathing apparatus and other supplies and tools that are used in fire fighting,  fire rescue or emergency medical services.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-716 - Injury during criminal acts; civil actions; presumptions; definitions

12-716.
Injury during criminal acts;  civil actions;  presumptions;  definitions
A. If the court finds by a preponderance of the evidence that a plaintiff is harmed while the plaintiff is attempting to commit,  committing or fleeing after having committed or attempted to commit a felony criminal act or if a person intentionally or knowingly caused temporary but substantial disfigurement or temporary but substantial impairment of any body organ or part or a fracture of any body part of another person,  the following presumptions apply to any civil liability action or claim:
1. A victim or peace officer is presumed to be acting reasonably if the victim or peace officer threatens to use or uses physical force or deadly physical force or a police tool product to either:
(a) Protect himself or another person against another person's use or attempted use of physical force or deadly physical force.
(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.
2. This state or a political subdivision of this state is presumed to have reasonably hired and trained its peace officers to use physical force or deadly physical force if a peace officer threatens to use or uses physical force or deadly physical force to either:
(a) Protect himself or another person against another person's use or attempted use of physical force or deadly physical force.
(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.
3. The police tool product that caused the physical harm and any accompanying warning or instruction are presumed not to be defective and the manufacturer of police tools is presumed not to be negligent if,  before the sale by the manufacturer,  the product either:
(a) Conforms with the generally recognized state of the art applicable to the safety and warnings of the product at the time the product was designed,  manufactured,  packaged and labeled.
(b) Complies with any applicable code,  standard,  regulation or specification that is established,  adopted,  promulgated or approved by the United States or this state or any agency of the United States or this state.
B. If a party files a motion to dismiss or a motion for summary judgment pursuant to this section and the court grants the motion,  the court shall award the moving party costs and attorney fees.
C. For the purposes of this section:
1. " Costs"  means all costs that are reasonably incurred in connection with the motion,  including filing fees,  record preparation and document copying fees,  time away from employment,  expert witness fees,  travel expenses and any other costs that the court deems appropriate.
2. " Plaintiff"  includes the heir or estate of a deceased person who was attempting to commit,  committing or fleeing after having committed or attempting to commit a felony or misdemeanor criminal act or was under the influence of an intoxicating liquor or a drug.
3. " Police tool product"  means any weapon,  safety equipment or product that is used by law enforcement.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-717 - Liquefied petroleum gas provider; liability; definitions

12-717.
Liquefied petroleum gas provider;  liability;  definitions
A. In any civil action against a liquefied petroleum gas provider for civil or other damages,  the liquefied petroleum gas provider is liable only for the amount of damages that are in proportion to the liquefied petroleum gas provider's percentage of fault and is not liable for the amount of damages allocated to fault attributed to either:
1. An alteration or modification of liquefied petroleum gas equipment that was not reasonably foreseeable,  that was made by a person other than the liquefied petroleum gas provider and that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care.
2. The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or could reasonably have been foreseen to be used,  if the liquefied petroleum gas provider or the liquefied petroleum gas equipment manufacturer has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the gas equipment.
B. This section does not affect,  modify or eliminate the liability of a liquefied petroleum gas equipment manufacturer or its employees or agents under any legal claim,  including product liability claims.
C. For the purposes of this section:
1. " Liquefied petroleum gas equipment"  means a liquefied petroleum gas appliance or other liquefied petroleum gas equipment.
2. " Liquefied petroleum gas provider"  means any person or entity engaged in the business of supplying,  handling,  transporting or selling at retail liquefied petroleum gas,  but does not include a liquefied petroleum gas equipment manufacturer.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-718 - Emergency aid involving liquefied petroleum gas; exemption from civil liability

12-718.
Emergency aid involving liquefied petroleum gas;  exemption from civil liability
A. A person who has knowledge and training in the storage,  handling,  transportation,  operation and utilization of liquefied petroleum gas is not liable in any civil action for any damages that occur as a result of providing assistance without remuneration,  on the request of any peace officer,  fire company or department,  first aid,  rescue or emergency squad or other governmental agency or entity,  in an accident or other emergency situation that involves the use,  handling,  transportation,  transmission or storage of liquefied petroleum gas if the person was conscripted at the scene as a true volunteer.
B. This section does not apply to a person who causes the accident or emergency situation or whose wilful,  wanton or grossly negligent act or omission in response to the accident or emergency situation causes damage or for any vicarious liability.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-719 - Civil liability; wrongful birth or life claims; applicability

12-719.
Civil liability;  wrongful birth or life claims;  applicability
A. A person is not liable for damages in any civil action for wrongful birth based on a claim that,  but for an act or omission of the defendant,  a child or children would not or should not have been born.
B. A person is not liable for damages in any civil action for wrongful life based on a claim that,  but for an act or omission of the defendant,  the person bringing the action would not or should not have been born.
C. This section applies to any claim regardless of whether the child is born healthy or with a birth defect or other adverse medical condition.
D. This section does not apply to any civil action for damages for an intentional or grossly negligent act or omission,  including an act or omission that violates a criminal law.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-720 - Nondisclosure agreements; applicability; use of public monies; definitions

12-720.
Nondisclosure agreements;  applicability;  use of public monies;  definitions
A. The terms of a nondisclosure agreement may not be used to prohibit a party to the agreement from doing any of the following in relation to a violation or an alleged violation of title 13,  chapter 14 or 35:
1. Responding to a peace officer's or a prosecutor's inquiry.
2. Making a statement not initiated by that party in a criminal proceeding.
B. An act that is allowed by subsection A of this section may not be used to avoid or invalidate a party's right to consideration under the contract or to require the return of consideration that has already been provided to the party.
C. This section may not be used as authority to enforce a nondisclosure agreement.
D. Public monies may not be used as consideration in exchange for a nondisclosure agreement that is related to an allegation of or attempted sexual assault or sexual harassment.
E. For the purposes of this section:
1. " Criminal proceeding"  includes a grand jury,  pretrial interview,  deposition,  hearing,  trial and sentencing proceeding pursuant to criminal law.
2. " Nondisclosure agreement"  means a confidentiality agreement or contract provision that prohibits the disclosure of information by a party to the contract.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-722 - Trafficking of persons; civil liability; applicability; remedies; joint and several liability; definitions

12-722.
Trafficking of persons;  civil liability;  applicability;  remedies;  joint and several liability;  definitions
A. A person who engages in the trafficking of a person or who intentionally or knowingly benefits from participating in a venture that traffics another person is liable to the person trafficked for damages that arise from the trafficking of that person by the person or venture.
B. It is not a defense to liability under this section that the person was acquitted or has not been prosecuted for or convicted of an offense included in title 13 or has been convicted of a different offense,  or of a different type or class of offense,  for the conduct that is alleged to give rise to liability under this section.
C. This section applies to any legal entity that is governed by title 10 or 29.
D. Notwithstanding titles 10 and 29,  if a legal entity is found responsible pursuant to this section,  a shareholder,  member or partner of that entity is jointly and severally liable with the entity to the person trafficked for damages that arise from the trafficking of that person if the person demonstrates that the shareholder,  member or partner caused the entity to be used to traffic that person for the direct personal benefit of the shareholder,  member or partner.
E. A claimant who prevails under this section:
1. Shall be awarded actual damages,  including damages for mental anguish even if an injury other than mental anguish is not shown,  court costs and reasonable attorney fees.
2. In addition to an award under paragraph 1 of this subsection,  may recover exemplary damages.
F. The rights and remedies provided in this section supplement any other rights and remedies provided by law,  including common law rights.
G. A person who engages in the trafficking of a person or who intentionally or knowingly benefits from participating in a venture that traffics another person and is found responsible under this section or other law for any amount of damages arising from the trafficking is jointly liable with any other person found to be liable for the entire amount of damages arising from the trafficking.
H. For the purposes of this section:
1. " Person"  has the same meaning prescribed in section 13-105.
2. " Traffics another person"  or " trafficking of a person"  means conduct that constitutes an offense under section 13-1306,  13-1307,  13-1308,  13-3206 or 13-3212.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-731 - Recovery of civil damages

12-731.
Recovery of civil damages
A. Except as provided in title 13,  chapter 30,  any person whose wire,  oral or electronic communication is intentionally intercepted,  disclosed or used in violation of title 13,  chapter 30 may bring a civil action to recover from the person or entity that engaged in the violation the following:
1. Such preliminary and other equitable or declaratory relief as may be appropriate.
2. Damages in an amount that is the greater of either:
(a) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation.
(b) Statutory damages of one hundred dollars a day for each day of the violation.
(c) Statutory damages of ten thousand dollars.
3. Punitive damages in appropriate cases.
4. Reasonable attorney fees and other reasonable costs of litigation.
B. A civil action under this section may not be commenced later than one year after the date upon which the plaintiff first has a reasonable opportunity to discover the violation.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-771 - Factual innocence; judicial determination; procedure; definition

12-771.
Factual innocence;  judicial determination;  procedure;  definition
A. A person,  or a prosecuting agency on behalf of the person,  may petition the superior court for a judicial determination of the person's factual innocence if as a result of the person s personal identifying information being taken,  the person's name was either:
1. Used by another person who was arrested,  cited or charged with a criminal offense.
2. Entered as of record in a judgment of guilt in a criminal case.
B. The petition shall be filed in the superior court in the county in which the arrest was made,  the citation was issued or the charge was filed.
C. If the charge was filed in a justice of the peace court or municipal court the justice of the peace or presiding officer of a municipal court shall transmit all papers in the case,  a copy of all proceedings as shown by the docket and all orders entered in the action to the clerk of the superior court of the county.
D. If no charge was filed the petition shall be served on the arresting or citing law enforcement agency.
E. If a charge was filed:
1. The petition,  if filed by the person,  shall be served on the prosecuting agency and,  if applicable,  a copy of the petition shall be provided to the defense attorney.
2. The prosecuting agency,  on the filing of the petition,  shall provide notice to all victims pursuant to section 13-4440.
F. The court may conduct a hearing to determine the person's factual innocence.
G. If the court finds by clear and convincing evidence that the person's name was used as set forth in subsection A of this section the court shall find the person factually innocent of the offense.
H. On a finding of factual innocence the court shall notify the following,  if applicable:
1. The person.
2. The prosecuting agency.
3. The law enforcement agency.
4. The defense attorney.
I. The court shall consider a person or party's request to expedite the judicial determination.
J. Nothing in this section shall delay a proceeding or in any other manner affect a criminal case.
K. For the purposes of this section,  " personal identifying information"  has the same meaning prescribed in section 13-2001.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-772 - Factual improper party status; judicial determination; procedure; definition

12-772.
Factual improper party status;  judicial determination;  procedure;  definition
A. A person,  or a party to the action on behalf of the person,  may petition the superior court for a judicial determination of the person's factual improper party status if as a result of the person's personal identifying information being taken the person's name was entered as of record in a civil action or judgment.
B. The petition shall be filed in the superior court in the county in which the civil action was filed.
C. If the civil action was filed in a justice of the peace court,  the justice of the peace shall make a certified copy of all docket entries and the record of the proceedings in the action and transmit it together with a certified copy of the bill of costs and the original papers in the action to the clerk of the superior court.
D. The petitioner shall serve the petition on all parties.
E. The court may conduct a hearing to determine the person's factual improper party status.
F. If the court finds by clear and convincing evidence that the person is not a proper party to the civil action or judgment as a result of the person's personal identifying information being taken the court shall find the person a factual improper party in that civil action or judgment.
G. The court shall notify the person and all parties of the court's finding.
H. The court shall consider a person or party's request to expedite the judicial determination.
I. For the purposes of this section,  " personal identifying information"  has the same meaning prescribed in section 13-2001.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-773 - Factual innocence; factual improper party; other remedies

12-773.
Factual innocence;  factual improper party;  other remedies
A. A proceeding pursuant to this article is in addition to any other procedure or remedy available to a victim of identity theft.
B. No person or creditor may require a victim of identity theft to file a petition pursuant to this article.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-783 - Asbestos personal injury claim; sworn statement; required information; dismissal; definition

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-801 - General definitions

12-801.
General definitions
In this article,  unless the context otherwise requires:
1. " Person"  means individuals,  corporations,  associations,  partnerships,  trustees,  lessees,  agents and assignees.
2. " Building"  means and includes so much of any building or structure of any kind as is or may be entered through the same outside entrance.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-802 - Abatement of certain nuisances

12-802.
Abatement of certain nuisances
Every building or place used for the purpose of lewdness,  assignation or prostitution and every building or place wherein or upon which acts of lewdness,  assignation or prostitution are held or occur,  is a nuisance which shall be enjoined,  abated and prevented as provided by this article whether it is a public or private nuisance.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-803 - Parties and scope of action

12-803.
Parties and scope of action
If there is reason to believe that a nuisance as defined in section 12-802 is kept,  maintained or exists in any county or city and county,  the county attorney of the county in the name of the people of the state or the city attorney of the city in the name of the people of the state shall,  or any citizen of the state resident within the county or city and county in this citizen's own name may,  maintain an action to abate and prevent the nuisance and to enjoin perpetually the person or persons conducting or maintaining the nuisance,  and the owner,  lessee or agent of the building or place in or upon which the nuisance exists from directly or indirectly maintaining or permitting the nuisance.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-804 - Temporary injunction; affidavit and verified complaint

12-804.
Temporary injunction;  affidavit and verified complaint
A. If existence of a nuisance as defined in section 12-802 is shown in the action to the satisfaction of the court or judge either by verified complaint or affidavit,  the court or judge shall make a temporary restraining order to abate and prevent continuance or recurrence of the nuisance.
B. The complaint in the action shall be verified unless filed by the county attorney or the city attorney.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-805 - Precedence of action; reputation of place as evidence; dismissal; substitution of plaintiffs; costs

12-805.
Precedence of action;  reputation of place as evidence;  dismissal;  substitution of plaintiffs;  costs
A. When the action described in section 12-803 is filed,  it shall have precedence over all actions except criminal proceedings,  election contests and hearings on injunctions.
B. In the action,  evidence of the general reputation of the building or place shall be admissible for the purpose of proving existence of the nuisance.
C. If the complaint is filed by a citizen,  it shall not be dismissed by plaintiff or for want of prosecution except upon a sworn statement made by plaintiff and his attorney,  if any,  setting forth the reasons why the action should be dismissed. The dismissal may be ordered by the court.
D. In case of failure to prosecute the action with reasonable diligence,  or at the request of plaintiff,  the court,  in its discretion,  may substitute any citizen consenting thereto for plaintiff.
E. If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action,  costs shall be taxed against the citizen.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-806 - Order of abatement; custody of building; fees for closing of premises and sale of movable property

12-806.
Order of abatement;  custody of building;  fees for closing of premises and sale of movable property
A. If the existence of the nuisance is established in an action as provided in this article,  an order of abatement shall be entered as a part of the judgment in the action.
B. The order shall direct:
1. Removal from the building or place of all fixtures,  musical instruments and movable property used in conducting,  maintaining,  aiding or abetting the nuisance.
2. Sale of such fixtures,  musical instruments and movable property in the manner provided for sale of chattels under execution.
3. The effectual closing of the building or place to use for any purpose.
4. Keeping such building or place so closed for a period of one year unless released as provided in section 12-808.
C. While the order remains in effect as to closing and the provisions of section 12-808 are not availed of or complied with,  the building or place shall be in custody of the court.
D. For removing and selling the movable property,  the officer shall be entitled to charge and receive the same fees as for levying upon and selling like property on execution.
E. For closing the premises and keeping them closed,  a reasonable sum shall be allowed by the court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-807 - Application of proceeds of sale; sale of building to make up deficiency

12-807.
Application of proceeds of sale;  sale of building to make up deficiency
A. The proceeds of sale of the property shall be applied in the following order:
1. To the fees and costs of the removal and sale.
2. To the allowances and costs of closing and keeping the building or place closed.
3. To the payment of plaintiff's costs in the action.
4. The balance,  if any,  shall be paid to the owner of the property sold.
B. If the proceeds of the sale do not fully discharge all the costs,  fees and allowances,  the building and place shall then also be sold under execution issued upon order of the court or judge and the proceeds of the sale applied in like manner.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-808 - Release of property; bond and conditions; exception

12-808.
Release of property;  bond and conditions;  exception
A. If the owner of the building or place has not been guilty of contempt of court in the proceedings,  and appears and pays all costs,  fees and allowances,  which are a lien on the building or place,  and files a bond in the full value of the property as ascertained by the court,  with sureties to be approved by the court or judge,  conditioned that he will immediately abate any such nuisance that may exist at the building or place and prevent the nuisance from being established or kept at the building or place within a period of one year thereafter,  the court or judge may,  if satisfied of the owner's good faith,  order the premises closed under the order of abatement to be delivered to the owner,  and the order of abatement cancelled so far as it relates to the property.
B. The release of the property under this section shall not release it from any judgment,  lien,  penalty or liability to which it is subject by law.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-809 - Contempt fine as lien on premises; execution

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-811 - Definitions

12-811.
Definitions
In this article,  unless the context otherwise requires:
1. " Motion picture film"  means any film or plate negative,  film or plate positive,  film or tape designed to be projected on a screen for exhibition,  or films,  glass slides or transparencies,  either in negative or positive form,  designed for exhibition by projection on a screen.
2. " Nuisance"  means any place for the sale or exhibition of obscene motion picture films or pictorial publications.
3. " Obscene motion picture film or obscene pictorial publication"  means any motion picture,  film,  video reproduction or pictorial publication which would constitute an obscene item as defined in section 13-3501.
4. " Person"  means any individual,  association,  partnership,  corporation,  trustee,  lessee,  agent or assignee.
5. " Pictorial publication"  means any book,  magazine or pamphlet containing one or more drawings,  pictures,  photographs or illustrations.
6. " Place"  means any building,  enclosure or any separate part or portion thereof whether permanent or not or the ground itself.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-812 - Nuisance

12-812.
Nuisance
A. Any person who maintains,  establishes or conducts a nuisance,  or aids or abets therein,  and the agent or lessee of any interest in any such nuisance together with the persons in control of any such nuisance by any such agent or lessee can be enjoined from maintaining a nuisance pursuant to this article.
B. Upon receiving notice pursuant to section 12-814,  such persons are deemed to have knowledge of the nuisance and are liable for its maintenance.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-813 - Abatement of nuisance

12-813.
Abatement of nuisance
If a nuisance exists,  the attorney general,  the county attorney of the county in which such nuisance exists or the city attorney of the city in which such nuisance exists may bring an action in the name of the state to abate such nuisance and to enjoin the person maintaining the nuisance from further maintenance.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-814 - Procedure in injunction action

12-814.
Procedure in injunction action
A. An action instituted pursuant to section 12-813 shall be brought in the superior court of the county in which the property is located. At the commencement of the action a verified complaint alleging the facts constituting the nuisance shall be filed in the office of the clerk of the court.
B. After the filing of the complaint,  application for a preliminary injunction may be made to the court which shall grant a hearing within twenty days after the filing. Where such application for a preliminary injunction is made,  the court may,  on application of the complainant,  issue an ex parte restraining order,  restraining the defendant from removing or in any manner interfering with any obscene motion picture film or obscene pictorial publication or other item directly related to the conduct or maintenance of the place where such nuisance is alleged to exist and which is alleged in the complaint to constitute a nuisance until further order of the court. The restraining order may be served by handing to and leaving a copy of such order with the manager or person in charge of such place. Any violation of such restraining order is a contempt of court.
C. A copy of the complaint,  together with a notice of the time and place of the hearing of the application for a preliminary injunction shall be served upon the defendant at least fifteen days before such hearing.
D. Before or after the commencement of the hearing of an application for a preliminary injunction,  the court on application of the defendant,  may order that the trial of the action on the merits be advanced and consolidated with the hearing on the application for a preliminary injunction. Evidence which would be admissible at trial shall become a part of the record and need not be reintroduced at the trial.
E. If upon hearing the allegations of the petition it appears to the court that there is sufficient evidence to establish that a nuisance as alleged in the complaint exists and that the plaintiff is likely to prevail at the trial on the merits,  the court shall issue a preliminary injunction without additional bond restraining the defendant from continuing the nuisance. Such order shall also continue in effect for such further period of the restraining order if already issued,  or,  if not issued,  it shall include an order restraining for such period the removal or interference with any obscene motion picture film or obscene pictorial publication or other item directly related to the obscene motion picture film or obscene pictorial publication including,  but not limited to,  promotional material for such film or publication and printing plates used to print such publication.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-815 - Priority of action; evidence; costs

12-815.
Priority of action;  evidence;  costs
A. An action instituted pursuant to this article shall have precedence over all other cases except criminal actions,  election contests,  injunctions,  habeas corpus proceedings,  temporary restraining orders and juvenile proceedings.
B. If the existence of the nuisance is established upon the trial,  a judgment shall be entered which shall enjoin the defendant from further maintaining the nuisance at the place complained of and the defendant from maintaining such nuisance elsewhere. Such judgment shall also provide that the defendant reimburse the plaintiff for the plaintiff's expenses in bringing the action,  including attorney's fees and court costs.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-816 - Content of judgment and order

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-817 - Civil penalty; forfeiture; accounting

12-817.
Civil penalty;  forfeiture;  accounting
A. Obscene motion picture films and obscene pictorial publications pursuant to this article are contraband and are not subject to any property rights.
B. Any and all monies received in payment for obtaining or viewing any obscene motion picture films and obscene pictorial publications are subject to forfeiture to the county in which the abatement action is brought as restitution for damages done to the public welfare,  public health and public morals. Such monies may be traced to and shall be recoverable from those persons as set forth in section 12-812 who have knowledge of the nuisance,  from and after the issuance of a preliminary injunction against the conduct of such persons pursuant to section 12-814.
C. Upon the issuance of a judgment pursuant to section 12-815,  subsection B,  the defendants named in such judgment shall make an accounting of all monies received by them in payment for obtaining or viewing obscene motion picture films or obscene pictorial publications subject to such judgment.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-818 - Petition by commercial operators or qualified electors for action

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-820 - Definitions

12-820.
Definitions
In this article,  unless the context otherwise requires:
1. " Employee"  includes an officer,  director,  employee or servant,  whether or not compensated or part time,  who is authorized to perform any act or service,  except that employee does not include an independent contractor. Employee includes noncompensated members of advisory boards appointed as provided by law and leased employees.
2. " Injury"  means death,  injury to a person,  damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person.
3. " Leased employee"  means a person providing services to a public entity under a lease agreement and is not an independent contractor or temporary employee.
4. " Maintenance"  means the establishment or continuation in existence of facilities,  highways,  roads,  streets,  bridges or rights-of-way by a public entity and does not mean or refer to ordinary repair or upkeep.
5. " Prisoner"  means a person incarcerated while awaiting sentence or while serving a sentence imposed by a court of law.
6. " Public employee"  means an employee of a public entity.
7. " Public entity"  includes this state and any political subdivision of this state.
8. " State"  means this state and any state agency,  board,  commission or department.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-820.01 - Absolute immunity

12-820.01.
Absolute immunity
A. A public entity shall not be liable for acts and omissions of its employees constituting either of the following:
1. The exercise of a judicial or legislative function.
2. The exercise of an administrative function involving the determination of fundamental governmental policy.
B. The determination of a fundamental governmental policy involves the exercise of discretion and shall include,  but is not limited to:
1. A determination of whether to seek or whether to provide the resources necessary for any of the following:
(a) The purchase of equipment.
(b) The construction or maintenance of facilities.
(c) The hiring of personnel.
(d) The provision of governmental services.
2. A determination of whether and how to spend existing resources,  including those allocated for equipment,  facilities and personnel.
3. The licensing and regulation of any profession or occupation.
4. The establishment,  implementation and enforcement of minimum safety standards for light rail transit systems.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-820.02 - Qualified immunity

12-820.02.
Qualified immunity
A. Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent,  neither a public entity nor a public employee is liable for:
1. The failure to make an arrest or the failure to retain an arrested person in custody.
2. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.
3. An injury resulting from the probation,  community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections,  from the terms and conditions of the prisoner's or youth's probation or community supervision or from the revocation of the prisoner's or youth's probation,  community supervision or conditional release under the jurisdiction of the superior court.
4. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.
5. The issuance of or failure to revoke or suspend any permit,  license,  certificate,  approval,  order or similar authorization for which absolute immunity is not provided pursuant to section 12-820.01.
6. The failure to discover violations of any provision of law when inspections are done of property other than property owned by the public entity in question.
7. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of section 28-693,  28-1381 or 28-1382.
8. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.
9. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun.
10. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility,  jail or lockup described in section 8-305.
11. An injury caused by a peace officer if the injury was caused by any act or omission while rendering emergency care at the scene of an emergency occurrence.
B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor's employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor's employee.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-820.03 - Affirmative defense; resolution by trial

12-820.03.
Affirmative defense;  resolution by trial
A. A public entity or a public employee is not liable for an injury arising out of a plan or design for construction or maintenance of or improvement to transportation facilities,  including highways,  roads,  streets,  bridges or rights-of-way,  if the plan or design is prepared in conformance with generally accepted engineering or design standards in effect at the time of the preparation of the plan or design and the public entity or public employee gives to the public a reasonably adequate warning of any unreasonably dangerous condition.
B. If a genuine issue of material fact exists as to whether the public entity or public employee has met the requirements of subsection A of this section,  the issue shall be resolved by a trial before and separate and apart from a trial on damages.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-820.05 - Other immunities

12-820.05.
Other immunities
A. Except as specifically provided in this article,  this article does not affect,  alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this state.
B. A public entity is not liable for losses that arise out of and are directly attributable to an act or omission determined by a court to be a criminal felony by a public employee unless the public entity knew of the public employee's propensity for that action. This subsection does not apply to acts or omissions arising out of the operation or use of a motor vehicle.
C. A public entity is not liable for damages as a result of an injury caused by any act or omission by a public officer who renders emergency care gratuitously and in good faith in a public building,  at a public gathering on the grounds of a public building or at the scene of an emergency occurrence or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person,  unless the public officer,  while rendering the emergency care,  is guilty of gross negligence.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-820.08 - Potable water systems; standard of care

12-820.08.
Potable water systems;  standard of care
With regard to actions for personal injury arising out of the use or consumption of water,  water shall be deemed reasonably safe and fit for consumption and use if it complies with the more stringent of the primary maximum contaminant levels that are established either pursuant to title 49,  chapter 2,  article 9,  or to the safe drinking water act (P.L. 93-523;  83 Stat. 1666;  42 United States Code section 201).