reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4511 - Competency to refuse treatment; length of sentence

13-4511.
Competency to refuse treatment;  length of sentence
If the court finds that a defendant is incompetent to stand trial,  the court shall determine:
1. If the defendant is incompetent to refuse treatment,  including medication,  and should be subject to involuntary treatment.
2. The maximum sentence the defendant could have received pursuant to section 13-702,  section 13-703,  section 13-704,  subsection A,  B,  C,  D or E,  section 13-705,  section 13-706,  subsection A,  section 13-707,  section 13-708,  subsection D,  section 13-710 or section 13-1406 or the sentence the defendant could have received pursuant to section 13-751,  subsection A or any section for which a specific sentence is authorized. In making this determination the court shall not consider the sentence enhancements for prior convictions under section 13-703 or 13-704.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4513 - Appointment of clinical liaison

13-4513.
Appointment of clinical liaison
A. If the court enters a treatment order pursuant to this chapter,  the court shall appoint a clinical liaison to coordinate the continuity of care following restoration. The clinical liaison may not be the defendant's treatment supervisor. The clinical liaison shall be familiar with aftercare facilities that are available in the defendant's locale and shall act as a liaison between the court and any treating facilities or correctional facilities.
B. The county,  or the city if the competency proceedings are conducted in municipal court,  shall pay the clinical liaison's fees.
C. The clinical liaison shall submit a written report to the court on request. The court shall distribute copies of the report to the prosecutor and the defense attorney.
D. The clinical liaison in cooperation with the treating facility shall advise the court on matters relating to the appropriateness of the form and location of treatment,  including the level of security.
E. A treatment facility shall cooperate fully with the clinical liaison and shall provide the liaison with access to the defendant's records. The clinical liaison shall not direct treatment or render an opinion on the defendant's competency.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4514 - Progress reports; rehearings

13-4514.
Progress reports;  rehearings
A. The person who supervises the treatment of a defendant who has been ordered to undergo treatment pursuant to section 13-4512 shall submit a written report to the court which shall make the report available to the prosecutor,  the defense attorney and the clinical liaison as follows:
1. For inpatient treatment,  after the first one hundred twenty days of the original treatment order and after each one hundred eighty days of treatment thereafter.
2. For outpatient treatment,  every sixty days.
3. Whenever the person believes the defendant is competent to stand trial.
4. Whenever the person believes that there is no substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency.
5. Fourteen days before the expiration of the maximum time that an order issued pursuant to section 13-4512 or this section is in effect.
B. The report shall include the examiner's findings and the information required under section 13-4509. If the report states that the defendant remains incompetent,  the report shall state the likelihood that the defendant will regain competency,  an estimated time period for the restoration of competency and recommendations for treatment modification,  if necessary. If the report states that the defendant has regained competency,  the report shall state the effect,  if any,  of any limitations that are imposed by any medications used in the effort to restore the defendant's competency.
C. The court shall hold a hearing to determine the defendant's progress towards regaining competency as follows:
1. On the court's own motion.
2. On receipt of a report that is submitted by the treating facility pursuant to subsection A,  paragraph 3,  4 or 5 of this section.
D. If at the hearing the court finds that the defendant has regained competency,  the defendant shall be returned to the court and the proceedings against the defendant shall continue without delay. The court may order continued involuntary medication pursuant to section 13-4511 pending final disposition of this case in the trial court if the court finds that there is not a less intrusive alternative,  the medication was medically appropriate and that it is essential for the sake of the defendant's safety or the safety of others.
E. If at the hearing the court finds that the defendant is incompetent to stand trial but that there is a substantial probability that the defendant will regain competency within the foreseeable future,  the court shall renew and,  if appropriate,  modify the treatment order for not more than an additional one hundred eighty days. The court may make this determination without a formal hearing if all of the parties agree.
F. If at the hearing the court finds that the defendant is incompetent to stand trial and that there is not a substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency,  the court shall proceed pursuant to section 13-4517.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4515 - Duration of order; excluded time calculation; notice of dismissed charge or voided order; petitions

13-4515.
Duration of order;  excluded time calculation;  notice of dismissed charge or voided order;  petitions
A. An order or combination of orders that is issued pursuant to section 13-4512 or 13-4514 shall not be in effect for more than twenty-one months or the maximum possible sentence the defendant could have received pursuant to section 13-702,  section 13-703,  section 13-704,  subsection A,  B,  C,  D or E,  section 13-705,  section 13-706,  subsection A,  section 13-708,  subsection D or section 13-751 or any section for which a specific sentence is authorized,  whichever is less. In making this determination the court shall not consider the sentence enhancements under section 13-703 or 13-704 for prior convictions.
B. The court shall only consider the time a defendant actually spends in a restoration to competency program when calculating the time requirements pursuant to subsection A of this section.
C. The court shall notify the prosecutor,  the defense attorney,  the medical supervisor and the treating facility if the charges against the defendant are dismissed or if an order is voided by the court. No charges shall be dismissed without a hearing before the dismissal.
D. If a defendant is discharged or released on the expiration of an order or orders issued pursuant to section 13-4512 or 13-4514,  the medical supervisor may file a petition stating that the defendant requires further treatment pursuant to title 36,  chapter 5,  appointment of a guardian pursuant to title 14 or involuntary commitment pursuant to section 13-4521 because the defendant is considered dangerous.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4516 - Notice to central state repository; records

13-4516.
Notice to central state repository;  records
A. The court shall notify the central state repository established by section 41-1750 of any commitment that is ordered or any release that is authorized under this chapter and of any determination that a defendant has regained competency to stand trial.
B. The court and the department of health services shall keep records of the offenses for which a defendant was charged,  any court ordered examinations and treatment outcomes.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4518 - Screening; sexually violent person; appointment of competent professional

13-4518.
Screening;  sexually violent person;  appointment of competent professional
A. If the county attorney receives a report that determines a defendant is incompetent to stand trial,  the county attorney may request that the defendant be screened to determine if the defendant may be a sexually violent person,  if both:
1. The report concludes that there is no substantial probability that the defendant will regain competency within twenty-one months after the date of the original finding of incompetency.
2. The defendant is charged with or has ever been convicted of or found guilty except insane for a sexually violent offense as defined in section 36-3701.
B. If the court orders a screening to determine if the defendant may be a sexually violent person,  both of the following apply:
1. The court shall appoint a competent professional as defined in section 36-3701 to conduct the screening and submit a report to the court and the parties within thirty days after the appointment.
2. The criminal case may not be dismissed until the competent professional's report is provided to the court and the parties and a hearing is held pursuant to subsection C of this section or the county attorney files a petition pursuant to section 36-3704.
C. If the county attorney has not filed a petition pursuant to section 36-3704,  the court may hold a hearing to determine if the county attorney is or will be filing a petition. If the county attorney has filed a petition or advises the court that it is or will be filing a petition,  the court shall set a date on which the petition is due and further proceedings will be conducted pursuant to title 36,  chapter 37. If a petition will not be filed,  the court shall proceed pursuant to section 13-4517,  subsection A,  paragraph 1,  2 or 3.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4519 - Detention of defendant during insanity; restoration to sanity

13-4519.
Detention of defendant during insanity;  restoration to sanity
If a defendant is committed to the state hospital for the reason that he is insane or mentally defective to the extent that he is unable to understand the proceedings against him or to assist in his defense,  if charged with a crime,  or for the reason that he is found insane after conviction and prior to pronouncing sentence,  he shall be detained in the state hospital until he becomes sane. When the defendant becomes sane,  the superintendent of the state hospital shall give notice of that fact to the sheriff and county attorney of the county. The sheriff shall thereupon,  without delay,  bring the defendant from the state hospital and place him in proper custody,  until he is brought to trial or sentenced,  or is legally discharged.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4520 - Expenses of maintenance of insane defendant as county charge

13-4520.
Expenses of maintenance of insane defendant as county charge
When a defendant in a criminal action,  any time prior to pronouncement of sentence,  is committed to the state hospital,  the expenses of transporting him to and from the hospital and of maintaining him while confined therein shall be a charge against the county in which the indictment was found or information filed,  but the county may recover such expenses from the estate of the defendant or from a relative,  town,  city or county required by law to provide for and maintain the defendant.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4701 - Definitions

13-4701.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Chop shop"  means any building,  lot or other premises in which one or more persons alters,  destroys,  disassembles,  dismantles,  reassembles or stores at least one motor vehicle or watercraft or two or more motor vehicle or watercraft parts from at least one vehicle or watercraft that the person or persons knows were obtained by theft,  fraud or conspiracy to defraud with the intent to:
(a) Alter,  counterfeit,  deface,  destroy,  disguise,  falsify,  forge,  obliterate or remove the identity of the motor vehicles or motor vehicle parts,  including the vehicle identification number for the purpose of misrepresenting or preventing the identification of the motor vehicles or motor vehicle parts.
(b) Sell or dispose of the motor vehicles or motor vehicle parts.
2. " Motor vehicle"  means any self-propelled vehicle.
3. " Unidentifiable"  means that specially trained investigative personnel who are experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques cannot establish the uniqueness of a motor vehicle or motor vehicle part.
4. " Vehicle identification number"  means the number that the manufacturer or the United States or a state department of transportation assigns to a motor vehicle for the purpose of identifying the motor vehicle or a major component part of the motor vehicle. Vehicle identification number includes any combination of numbers or letters.
5. " Watercraft"  has the same meaning as prescribed in section 5-301.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4702 - Conducting a chop shop; exception; violation; classification

13-4702.
Conducting a chop shop;  exception;  violation;  classification
A. A person shall not knowingly:
1. Own or operate a chop shop.
2. Transport a motor vehicle or motor vehicle part to or from a chop shop.
3. Sell or transfer to or purchase or receive from a chop shop a motor vehicle or motor vehicle part.
4. Remove,  destroy,  deface or otherwise alter a vehicle identification number with the intent to misrepresent or prevent the identification of the motor vehicle or motor vehicle part.
5. Buy,  sell,  transfer or possess a motor vehicle or motor vehicle part knowing that the motor vehicle identification number,  which was placed on the motor vehicle or motor vehicle part by the manufacturer,  has been removed,  destroyed,  defaced or otherwise altered.
B. This section does not apply to law enforcement authorities and lawful owners acting in good faith,  towing companies or scrap processors,  licensed automotive recyclers and other businesses acting in good faith and in the normal course of business and in conformance with all applicable laws.
C. A person who violates subsection A,  paragraph 1 of this section is guilty of a class 2 felony. A person who violates subsection A,  paragraph 2,  3,  4 or 5 of this section is guilty of a class 4 felony.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4703 - Forfeiture and disposition of motor vehicle, motor vehicle part, property and evidence

13-4703.
Forfeiture and disposition of motor vehicle,  motor vehicle part,  property and evidence
A. The following items used or intended for use in violation of section 13-4702 are subject to seizure and forfeiture pursuant to chapter 39 of this title:
1. A motor vehicle or motor vehicle part.
2. Any tool,  instrument or other implement.
3. Real property.
B. The following property is subject to seizure and forfeiture pursuant to chapter 39 of this title:
1. All proceeds traceable to an offense that is included in section 13-4702 and is committed for financial gain.
2. All proceeds seized in this state and traceable to an offense that is chargeable or indictable under the laws of the state in which the offense occurred and if the offense occurred in a state other than this state would be chargeable or indictable under section 13-4702 if the offense occurred in this state and is committed for financial gain.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4801 - Definitions

13-4801.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Acquire"  means to electronically capture,  record,  reveal or otherwise access by means of any instrument,  device or equipment a cellular or wireless telephone's electronic serial number or mobile identification number without the consent of the communication service provider.
2. " Cellular telephone"  means a communication device that contains an electronic serial number and the operation of which depends on the transmission of that electronic serial number together with the mobile identification number in the form of radio signals through cell sites and mobile switching stations.
3. " Cloned cellular or wireless telephone"  means a cellular or wireless telephone in which the manufacturer's electronic serial number has been altered.
4. " Cloning paraphernalia"  means the materials that are necessary to create a cloned cellular or wireless telephone and includes scanners to intercept electronic serial numbers,  cellular telephones and mobile identification numbers,  wireless telephones,  cables,  chips,  burners,  software and the computers containing the software to program a cloned cellular or wireless telephone's microchip with a false electronic serial number and mobile identification number combination and lists of electronic serial number and mobile identification number combinations.
5. " Communication service provider"  has the same meaning prescribed in section 13-3001.
6. " Electronic serial number"  means the unique numerical algorithm that the manufacturer programs into the microchip of each wireless telephone.
7. " Mobile identification number"  means the cellular or wireless telephone number that the cellular or wireless telephone carrier assigns to the wireless telephone.
8. " Wireless telephone"  means a communication device that transmits radio,  satellite or other mobile telephone communication.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4802 - Possession or sale of cloned cellular or wireless telephones; exception; violation; classification

13-4802.
Possession or sale of cloned cellular or wireless telephones;  exception;  violation;  classification
A. It is unlawful for a person to knowingly do any of the following:
1. Possess a cloned cellular or wireless telephone.
2. Possess an instrument that is capable of acquiring electronic serial number and mobile identification number combinations with the intent to clone a cellular or wireless telephone.
3. Sell a cloned cellular or wireless telephone.
B. This section does not prohibit the possession,  sale or use of cloning paraphernalia or cloned cellular or wireless telephones or the acquisition of electronic serial numbers or mobile identification numbers by either of the following:
1. Law enforcement officers who are acting in their official capacity within the scope of their authority and in the line of duty.
2. Employees or agents of communication service providers who are acting in their official capacity within the scope of their employment for the purpose of protecting the property or legal rights of the provider.
C. A person who violates this section is guilty of a class 4 felony.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4901 - Definitions

13-4901.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Armed nuclear security guard"  means a security guard who works at a commercial nuclear generating station,  who is employed as part of the security plan approved by the nuclear regulatory commission and who meets the requirements mandated by the nuclear regulatory commission for carrying a firearm.
2. " Commercial nuclear generating station"  means an electric power generating facility that is owned by a public service corporation,  a municipal corporation or a consortium of public service corporations or municipal corporations and that produces electricity by means of a nuclear reactor and includes the property on which the facility is located.
3. " Enter"  means the intrusion of any part of any instrument or any part of a person's body inside of a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station.
4. " Entering or remaining unlawfully"  means an act by a person who enters or remains in or on a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station if that person's intent for entering or remaining is not licensed,  authorized or otherwise privileged.
5. " Structure or fenced yard"  means any structure,  fenced yard,  wall,  building or other similar barrier or any combination of structures,  fenced yards,  walls,  buildings or other barriers that surrounds a commercial nuclear generating station and that is posted with signage indicating it is a felony to trespass.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4902 - Criminal trespass on commercial nuclear generating station; classification

13-4902.
Criminal trespass on commercial nuclear generating station;  classification
A. A person commits criminal trespass on a commercial nuclear generating station by knowingly either:
1. Entering or remaining unlawfully in or on a commercial nuclear generating station.
2. Entering or remaining unlawfully within a structure or fenced yard of a commercial nuclear generating station.
B. Criminal trespass on a commercial nuclear generating station is a class 4 felony.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4903 - Use of force; armed nuclear security guards

13-4903.
Use of force;  armed nuclear security guards
A. An armed nuclear security guard is justified in using physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to prevent or terminate the commission or attempted commission of criminal damage under section 13-1602,  subsection A,  paragraph 3 and subsection B,  paragraph 1 or 2,  misconduct involving weapons under section 13-3102,  subsection A,  paragraph 13 or criminal trespass on a commercial nuclear generating station under section 13-4902.
B. Notwithstanding sections 13-403,  13-404,  13-405,  13-406,  13-408,  13-409,  13-410 and 13-411,  an armed nuclear security guard is justified in using physical force up to and including deadly physical force against another person at a commercial nuclear generating station or structure or fenced yard of a commercial nuclear generating station if the armed nuclear security guard reasonably believes that such force is necessary to:
1. Prevent the commission of manslaughter under section 13-1103,  second or first degree murder under section 13-1104 or 13-1105,  aggravated assault under section 13-1204,  subsection A,  paragraph 1 or 2,  kidnapping under section 13-1304,  burglary in the second or first degree under section 13-1507 or 13-1508,  arson of a structure or property under section 13-1703,  arson of an occupied structure under section 13-1704,  armed robbery under section 13-1904 or an act of terrorism under section 13-2308.01.
2. Defend oneself or a third person from the use or imminent use of deadly physical force.
C. Notwithstanding any other provision of this chapter,  an armed nuclear security guard is justified in threatening to use physical or deadly physical force if and to the extent a reasonable armed nuclear security guard believes it necessary to protect oneself or others against another person's potential use of physical force or deadly physical force.
D. An armed nuclear security guard is not subject to civil liability for engaging in conduct that is otherwise justified pursuant to this chapter.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-4904 - Detention authority; armed nuclear security guards

13-4904.
Detention authority;  armed nuclear security guards
A. An armed nuclear security guard,  with reasonable belief,  may detain in or on a commercial nuclear generating station or a structure or fenced yard of a commercial nuclear generating station in a reasonable manner and for a reasonable time any person who is suspected of committing or attempting to commit manslaughter under section 13-1103,  second or first degree murder under section 13-1104 or 13-1105,  aggravated assault under section 13-1204,  subsection A,  paragraph 1 or 2,  kidnapping under section 13-1304,  burglary in the second or first degree under section 13-1507 or 13-1508,  criminal damage under section 13-1602,  subsection A,  paragraph 3 and subsection B,  paragraph 1 or 2,  arson of a structure or property under section 13-1703,  arson of an occupied structure under section 13-1704,  armed robbery under section 13-1904,  an act of terrorism under section 13-2308.01,  misconduct involving weapons under section 13-3102,  subsection A,  paragraph 13 or criminal trespass on a commercial nuclear generating station under section 13-4902 for the purpose of summoning a law enforcement officer.
B. Reasonable belief of an armed nuclear security guard is a defense to a civil or criminal action against an armed nuclear security guard for false arrest,  false or unlawful imprisonment or wrongful detention.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-5001 - Definitions

13-5001.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Enter"  means the intrusion of any part of any instrument or any part of a person's body inside of a military reservation or facility or a structure or fenced yard of a military reservation or facility.
2. " Entering or remaining unlawfully"  means an act by a person who enters or remains in or on a military reservation or facility or a structure or fenced yard of a military reservation or facility if that person's intent for entering or remaining is not authorized or otherwise privileged.
3. " Military reservation or facility"  means any land or facility that is owned or leased by or designated to the Arizona national guard.
4. " Structure or fenced yard"  means any structure,  fenced yard,  wall,  building or other similar barrier or any combination of structures,  fenced yards,  walls,  buildings or other barriers that surrounds a military reservation or facility and that is posted with signage indicating it is a felony to trespass.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-5002 - Criminal trespass on military reservations and facilities; classification

13-5002.
Criminal trespass on military reservations and facilities;  classification
A. A person commits criminal trespass on a military reservation or facility by knowingly entering or remaining unlawfully within a structure or fenced yard of a military reservation or facility.
B. Criminal trespass on a military reservation or facility is a class 6 felony.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1102 - Purposes; rule of construction

14-1102.
Purposes;  rule of construction
A. This title shall be liberally construed and applied to promote its underlying purposes and policies.
B. The underlying purposes and policies of this title are:
1. To simplify and clarify the law concerning the affairs of decedents,  missing persons,  protected persons,  minors and incapacitated persons.
2. To discover and make effective the intent of a decedent in distribution of his property.
3. To promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors.
4. To promote a speedy,  efficient and inexpensive system for resolving disputes under chapter 5 of this title while ensuring that the due process and other constitutional rights of the persons subject to such proceedings are protected.
5. To provide just and appropriate remedies for parties who incur damages as the result of vexatious conduct,  as defined by court rule,  or other unreasonable conduct,  during proceedings brought pursuant to this title,  without impinging on the rights of individuals who are the subject of proceedings under chapter 5 of this title.
6. To facilitate use and enforcement of certain trusts.
7. To make uniform the law among the various jurisdictions.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1104 - Prudent management of costs

14-1104.
Prudent management of costs
In a proceeding brought pursuant to this title:
1. The fiduciary must prudently manage costs,  preserve the assets of the ward or protected person for the benefit of the ward or protected person and protect against incurring any costs that exceed probable benefits to the ward,  protected person,  decedent's estate or trust,  except as otherwise directed by a governing instrument or court order.
2. A guardian ad litem,  fiduciary,  fiduciary's attorney and attorney for the ward or protected person have a duty to:
(a) Act in the best interest of the ward or protected person.
(b) Avoid engaging in excessive or unproductive activities.
(c) Affirmatively assess the financial cost of pursuing any action compared to the reasonably expected benefit to the ward or protected person.
3. Market rates for goods and services are a proper,  ongoing consideration for the fiduciary and the court during the initial court appointment of a fiduciary or attorney and relating to a request to substitute a court-appointed fiduciary or attorney.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1105 - Remedies for unreasonable conduct; definitions

14-1105.
Remedies for unreasonable conduct;  definitions
A. If the court finds that a decedent's estate or trust has incurred professional fees or expenses as a result of unreasonable conduct,  the court may order the person who engaged in the conduct or the person's attorney,  or both,  to pay the decedent's estate or trust for some or all of the fees and expenses as the court deems just under the circumstances.
B. In a guardianship or conservatorship case,  if the court finds that a ward or protected person has incurred professional fees or expenses as a result of unreasonable conduct,  the court may order the person who engaged in the conduct or the person's attorney,  or both,  to pay the ward or protected person for some or all of the fees and expenses as the court deems just under the circumstances.
C. The remedies allowed pursuant to this section are in addition to any other civil remedy or any other provision of law. The remedies allowed pursuant to this section may be invoked to mitigate the financial burden on a ward,  protected person,  decedent's estate or trust incurred as a result of unjustified court proceedings or unreasonable or excessive demands made on a fiduciary,  fiduciary's attorney,  court-appointed attorney,  guardian ad litem or representative.
D. For the purposes of this section:
1. " Court-appointed attorney"  means an attorney appointed pursuant to section 14-5303,  subsection C,  section 14-5310,  subsection C,  section 14-5401.01,  subsection C or section 14-5407,  subsection B.
2. " Fiduciary"  means an agent under a durable power of attorney,  an agent under a health care power of attorney,  a guardian,  a conservator,  a personal representative,  a trustee or a guardian ad litem.
3. " Person who engaged in the conduct"  includes a fiduciary,  an attorney or a guardian ad litem.
4. " Professional"  means an accountant,  an attorney,  a fiduciary,  a physician,  a psychologist,  a registered nurse,  a guardian ad litem or an expert witness.
5. " Professional fees or expenses"  includes the fiduciary's fees and expenses and the fiduciary's attorney fees and expenses,  as well as the fees and expenses of any other professionals hired by the fiduciary or the fiduciary's attorney.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1106 - Effect of fraud and evasion

14-1106.
Effect of fraud and evasion
If fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title,  any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person,  other than a bona fide purchaser,  benefiting from the fraud,  whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud,  but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1107 - Determination of death and status; rules

14-1107.
Determination of death and status;  rules
In addition to the rules of evidence in courts of general jurisdiction,  the following rules relating to a determination of death and status apply:
1. A determination of death must be made in accordance with accepted medical standards.
2. A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact,  place,  date and time of death and the identity of the decedent.
3. A certified or authenticated copy of any record or report of a governmental agency,  domestic or foreign,  that a person is missing,  detained,  dead or alive is prima facie evidence of the status and of the dates,  circumstances and places disclosed by the record or report.
4. In the absence of prima facie evidence of death under paragraph 2 or 3,  the fact of death may be established by clear and convincing evidence,  including circumstantial evidence.
5. A person whose death is not established under paragraphs 1 through 4,  who is absent for a continuous period of five years,  during which time that person has not been heard from,  and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. That person's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
6. In the absence of evidence disputing the time of death stated on a document described in paragraph 2 or 3,  a document described in paragraph 2 or 3 that states a time of death one hundred twenty hours or more after the time of death of another person,  however the time of death of the other person is determined,  establishes by clear and convincing evidence that the person survived the other person by one hundred twenty hours.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1108 - Arbitration of disputes; alternative dispute resolution

14-1108.
Arbitration of disputes;  alternative dispute resolution
In a proceeding brought pursuant to this title the court may require arbitration of a dispute pursuant to the requirements of section 12-133,  subsections B through L,  or order alternative dispute resolution.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1109 - Repetitive filings; summary denial

14-1109.
Repetitive filings;  summary denial
If an interested person files a motion or petition that requests the same or substantially similar relief to the relief requested in another motion or petition filed by the same interested person within the preceding twelve months and if the later filed motion or petition does not describe in detail a change in fact or circumstance that supports the requested relief,  the court may summarily deny the motion or petition without a response or objection being filed and without a hearing or oral argument being set.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1301 - Territorial application

14-1301.
Territorial application
Except as otherwise provided in this title,  the title applies to:
1. The affairs and estates of decedents,  missing persons and persons to be protected,  domiciled in this state.
2. The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state.
3. Incapacitated persons and minors in this state.
4. Multiple-party accounts in this state.
5. Trusts subject to administration in this state.
This title does not apply to property of Indians within the jurisdiction of their tribal courts or to lands held in trust by the United States for Indians.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1302 - Subject matter jurisdiction

14-1302.
Subject matter jurisdiction
A. To the full extent permitted by the constitution,  the court has jurisdiction over all subject matter relating to:
1. Estates of decedents,  including construction of wills and determination of heirs and successors of decedents,  and estates of protected persons.
2. Protection of minors and incapacitated persons.
3. Trusts.
B. The court has general jurisdiction to make orders,  judgments and decrees and take all other action necessary and proper to administer justice in the matters which come before it including jurisdiction to:
1. Enforce orders against a fiduciary by contempt proceedings.
2. Compel action by a fiduciary by body attachment.
3. Hear and determine related claims by or against fiduciaries,  protected persons or incapacitated persons by or against third parties,  including claims for malpractice,  breach of contract,  personal injury,  wrongful death,  quiet title and breach of fiduciary duty.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1303 - Venue; multiple proceedings; transfer

14-1303.
Venue;  multiple proceedings;  transfer
A. Where a proceeding under this title could be maintained in more than one place in this state,  the court in which the proceeding is first commenced has the exclusive right to proceed.
B. If proceedings concerning the same estate,  protected person,  ward or trust are commenced in more than one county of this state,  the court in the county in which the proceeding was first commenced shall continue to hear the matter,  and the other courts shall hold the matter in abeyance until the question of venue is decided;  and if the ruling court determines that venue is properly in another county,  it shall transfer the proceeding to the other county.
C. If a court finds that in the interest of justice a proceeding or a file should be located in another county of this state,  the court making the finding may transfer the proceeding or file to the other county.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1305 - Records and certified copies

14-1305.
Records and certified copies
The clerk of the court shall keep a record for each decedent,  ward,  protected person or trust involved in any document which may be filed with the court under this title including petitions and applications,  demands and any orders or responses relating thereto by the registrar or court,  and establish and maintain a system for indexing,  filing or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills,  letters issued to personal representatives,  or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment. Certified copies of letters shall not be issued if the appointment is terminated or the letters are suspended or revoked.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1306 - Jury trial

14-1306.
Jury trial
A. If duly demanded,  a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
B. If there is no right to trial by jury under subsection A of this section or the right is waived,  the court in its discretion may call a jury to decide any issue of fact,  in which case the verdict is advisory only.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1307 - Registrar; powers

14-1307.
Registrar;  powers
The acts and orders which this title specifies as performable by the registrar shall be performed by a judge,  the clerk of the court,  a court commissioner or any of such at the selection of the presiding judge of the county designated by the court by a written order filed and recorded in the office of the clerk of the court.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1310 - Oath or affirmation on filed documents

14-1310.
Oath or affirmation on filed documents
Except as otherwise specifically provided in this title or by rule,  each document filed with the court or furnished to an interested person under this title including applications,  petitions,  demands for notice,  claims,  inventories and accounts shall be deemed to include an oath,  affirmation or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed. Each document filed with the court or furnished to an interested person under this title is material and may subject the person executing or filing such document to penalties relating to perjury and subornation of perjury.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1311 - Standard of proof and burden of persuasion

14-1311.
Standard of proof and burden of persuasion
Except as otherwise provided in this title,  the standard of proof required in a judicial proceeding brought pursuant to this title is the preponderance of evidence. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1401 - Notice; method and time of giving

14-1401.
Notice;  method and time of giving
A. If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided,  the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice shall be given either:
1. By mailing a copy thereof at least fourteen days before the time set for the hearing by certified or registered mail addressed to the person being notified at the post office address given in his demand for notice,  if any,  or at his office or place of residence,  if known.
2. By delivering a copy thereof to the person being notified personally at least fourteen days before the time set for the hearing.
3. If the address or identity of any person is not known and cannot be ascertained with reasonable diligence,  or when otherwise required under this title,  by publishing at least three times before the date set for the hearing a copy thereof in a newspaper having general circulation in the county where the hearing is to be held,  the first publication of which is to be at least fourteen days before the hearing.
B. The court for good cause shown may provide for a different method or time of giving notice for any hearing.
C. Proof of the giving of notice shall be made at or before the hearing and filed in the proceeding.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1401.01 - Notice to attorney general

14-1401.01.
Notice to attorney general
Whenever it appears by suggestion of any interested person or the court that no taker of the estate exists,  either at the commencement of or during proceedings under this title,  notification of such proceedings shall be given to the attorney general.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1403 - Pleadings

14-1403.
Pleadings
In formal proceedings involving trusts or estates of decedents,  minors,  protected persons or incapacitated persons,  interests to be affected must be described in pleadings that give reasonable information to owners by name or class,  by reference to the instrument creating the interests or in some other appropriate manner.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1404 - Representation; basic effect

14-1404.
Representation;  basic effect
A. Notice to a person who may represent and bind another person under this article has the same effect as if notice were given directly to the other person.
B. Except as otherwise provided in section 14-10602,  subsection E,  a person who under this article may represent a settlor who lacks capacity may receive notice and give a binding consent on the settlor's behalf. The consent of a person who may represent and bind another person under this article is binding on the person represented unless the person represented objects to the representation before the consent would otherwise have become effective.
C. For the purposes of this section,  notice to a person must include any document required to be sent to a person pursuant to this article.
D. A person who receives notice on behalf of another person pursuant to this section is not liable to the other person unless the person who receives notice is grossly negligent or acts or fails to act with the intent to harm the other person.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1405 - Representation by holder of general power of appointment

14-1405.
Representation by holder of general power of appointment
The holder of a general power of appointment,  including a general testamentary power of appointment,  may represent and bind persons whose interests,  as permissible appointees,  takers in default or otherwise,  are subject to the power.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1406 - Representation by fiduciaries and parents

14-1406.
Representation by fiduciaries and parents
To the extent there is no material conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
1. A conservator may represent and bind the estate that the conservator controls.
2. A guardian may represent and bind the ward if a conservator of the ward's estate has not been appointed.
3. An agent who has authority to act with respect to the particular question or dispute may represent and bind the principal.
4. A trustee may represent and bind the beneficiaries of the trust.
5. A personal representative of a decedent's estate may represent and bind persons interested in the estate.
6. A parent may represent and bind the parent's minor or unborn child if a conservator or guardian for the child has not been appointed,  except that the parent may not represent the child to consent to a modification or a termination of a trust if the parent is the settlor of the trust.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1407 - Representation by person having substantially identical interest

14-1407.
Representation by person having substantially identical interest
Unless otherwise represented,  a minor,  incapacitated person,  unborn child or person whose identity or location is unknown and not reasonably ascertainable may be represented by and bound by another person who has a substantially identical interest with respect to the particular question or dispute,  but only to the extent there is no material conflict of interest between the representative and the person represented with respect to the particular question or dispute.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-1408 - Appointment of guardian ad litem

14-1408.
Appointment of guardian ad litem
At any point in a proceeding brought under this title,  the court may appoint a guardian ad litem to represent the interest of a minor,  an incapacitated,  unborn or unascertained person or a person whose identity or address is unknown,  if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests,  the court may appoint a guardian ad litem to represent several persons or interests. In its order appointing the guardian ad litem,  the court shall state the basis for the appointment.