reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1643 - Subrogation of surety to rights of judgment creditor; execution against debtor

12-1643.
Subrogation of surety to rights of judgment creditor;  execution against debtor
A. When a person who is surety on an undertaking is compelled to pay a judgment or part thereof,  or makes a payment upon a judgment by reason of suretyship,  such judgment shall not be discharged by such payment but shall remain in force for the use of the surety and shall be considered as assigned to the surety together with all rights of the creditor thereunder to the extent of the payment made by the surety,  and interest thereon.
B. The surety may have execution issued on the judgment in the name of the creditor for use of such surety against the principal debtor for the full amount of the payment,  interest thereon,  and all costs.
C. The execution shall be issued upon the application of the surety to the clerk or court,  and shall be levied,  collected and returned as in other cases.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1644 - Issuance of execution for repayment and contribution

12-1644.
Issuance of execution for repayment and contribution
If there is more than one surety and one or more of them has failed to pay his proportionate part of the judgment,  execution may issue,  as provided in section 12-1643,  against the principal for the use of the surety who has paid more than his proportionate part for the whole amount paid by him,  and interest thereon,  and also against his cosureties for their proportionate parts of the excess paid by him,  and interest thereon.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1645 - Issuance of execution against principal by officer paying judgment

12-1645.
Issuance of execution against principal by officer paying judgment
If a sheriff or other officer is compelled to pay a judgment or a part thereof by reason of a default of such officer,  except for failing to pay over any money collected or for wasting property levied on,  the sheriff or other officer may have execution therefor against the principal defendant in such judgment as provided in the case of a surety.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1702 - Filing and status of foreign judgments

12-1702.
Filing and status of foreign judgments
A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any superior court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the superior court of this state. A judgment so filed has the same effect and is subject to the same procedures,  defenses and proceedings for reopening,  vacating,  or staying as a judgment of a superior court of this state and may be enforced or satisfied in like manner.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1703 - Notice of filing

12-1703.
Notice of filing
A. At the time of the filing of the foreign judgment,  the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of the superior court an affidavit setting forth the name and last known post office address of the judgment debtor,  and the judgment creditor.
B. Promptly upon the filing of the foreign judgment and the affidavit,  the judgment creditor shall mail notice of the filing of the foreign judgment and a copy of the foreign judgment to the judgment debtor at the address given and shall file proof of mailing with the clerk. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney,  if any,  in this state.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1704 - Stay of enforcement of judgment

12-1704.
Stay of enforcement of judgment
A. If the judgment debtor shows the superior court that an appeal from the foreign judgment is pending or will be taken,  or that a stay of execution has been granted,  the court shall stay enforcement of the foreign judgment until the appeal is concluded,  the time for appeal expires,  or the stay of execution expires or is vacated,  upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
B. If the judgment debtor shows the superior court any ground upon which enforcement of a judgment of any superior court of this state would be stayed,  the court shall stay enforcement of the foreign judgment for an appropriate period,  upon requiring the same security for satisfaction of the judgment which is required in this state.
C. No execution or other process for enforcement of a foreign judgment filed under section 12-1702 shall issue until twenty days after the date the judgment creditor mails the notice of filing of the foreign judgment and files proof of mailing with the clerk as required under section 12-1703.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1721 - Monetary judgment awarded to prisoners; outstanding restitution and incarceration costs

12-1721.
Monetary judgment awarded to prisoners;  outstanding restitution and incarceration costs
A. In any civil action,  a monetary judgment may not be paid to a person who is or was previously incarcerated in the state department of corrections before all restitution and incarceration costs owed by the person are paid if the monetary judgment is against this state,  a political subdivision of this state,  any prison,  jail or correctional facility or any officer or agent of a prison,  jail or correctional facility. If the monetary judgment is not sufficient to pay both restitution and incarceration costs that are owed,  the monetary judgment must first be used to pay any outstanding restitution and a portion of any remaining balance may be set off and used to pay outstanding incarceration costs pursuant to section 31-238.
B. If the victim was ordered by the court to receive restitution through the clerk of the superior court,  this state,  the political subdivision of this state or the prison,  jail or correctional facility that was ordered to satisfy the monetary judgment shall transfer enough of the monetary judgment to pay the remaining balance of the restitution order to the clerk of the superior court for distribution to the victim.
C. If money is transferred to a clerk of the superior court pursuant to subsection B of this section,  this state,  the political subdivision of this state or the prison,  jail or correctional facility must also provide the clerk with the following information at the time of the transfer:
1. A copy of the monetary judgment.
2. The defendant's name and the case number of each case where restitution is owed.
3. The name and address of the transferring entity.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1801 - Granting of injunctions; grounds

12-1801.
Granting of injunctions;  grounds
Judges of the superior court may grant writs of injunction:
1. When it appears that the party applying for the writ is entitled to the relief demanded,  and such relief or any part thereof requires the restraint of some act prejudicial to the applicant.
2. When,  pending litigation,  it appears that a party is doing some act respecting the subject of litigation,  or threatens or is about to do some act,  or is procuring or suffering some act to be done,  in violation of the rights of the applicant,  which would tend to render the judgment ineffectual.
3. In all other cases when applicant is entitled to an injunction under the principles of equity.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1802 - Prohibition upon granting injunctions for certain purposes

12-1802.
Prohibition upon granting injunctions for certain purposes
An injunction shall not be granted:
1. To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded,  unless the restraint is necessary to prevent a multiplicity of such proceedings.
2. To stay proceedings in a court of the United States.
3. To stay proceedings in another state upon a judgment of a court of that state.
4. To prevent enforcement of a public statute by officers of the law for the public benefit.
5. To prevent breach of a contract,  the performance of which would not be specifically enforced.
6. To prevent the exercise of a public or private office in a lawful manner by the person in possession.
7. To prevent a legislative act by a municipal corporation.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1803 - Times at which injunction may be granted; verified complaint required; service of copy of complaint or affidavits

12-1803.
Times at which injunction may be granted;  verified complaint required;  service of copy of complaint or affidavits
A. An injunction may be granted at the time of commencing the action upon the complaint,  and at any time afterward before judgment upon affidavits. The complaint or the affidavits shall set forth sufficient grounds therefor.
B. An injunction shall not be granted on the complaint unless it is verified by the oath of the plaintiff that he has read the complaint,  or heard the complaint read,  knows the contents thereof,  and that it is true of his own knowledge,  except the matters stated therein on information and belief,  and that as to those matters,  he believes the complaint to be true.
C. A copy of the complaint,  or,  when granted upon affidavit,  a copy of the affidavit,  shall be served with the injunction.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1805 - Limitations on injunction to stay judgment or proceedings at law

12-1805.
Limitations on injunction to stay judgment or proceedings at law
An injunction shall not be granted to stay any judgment or proceedings at law,  except so much of the recovery or cause of action as plaintiff in the complaint shows himself equitably entitled to be relieved against,  and so much as will cover the costs.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1806 - Limitations on injunction to stay execution on judgments

12-1806.
Limitations on injunction to stay execution on judgments
A. An injunction to stay an execution upon a valid and subsisting judgment shall not be granted after expiration of one year from the rendition of the judgment,  unless it appears that an application for the injunction has been delayed in consequence of the fraud or false promises of the party recovering the judgment,  practiced or made at the time of,  or after rendition of the judgment,  or unless for some equitable matter or defense arising after rendition of such judgment.
B. If the applicant was absent from the state at the time the judgment was rendered,  and was unable to apply for the injunction within the time provided in subsection A,  of this section,  the injunction may be granted at any time within two years from rendition of the judgment.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1807 - Preliminary injunction, injunction or temporary restraining order against working lode, placer or mining claim; prohibition; exception

12-1807.
Preliminary injunction,  injunction or temporary restraining order against working lode,  placer or mining claim;  prohibition;  exception
A. An injunction against the working and mining of a lode,  placer or mining claim shall not be granted without notice to the opposite party,  and,  except as provided in subsection B,  no preliminary injunction or temporary restraining order shall be issued to prevent the working or mining pending hearing of the application for the injunction.
B. If a person unlawfully enters upon a mineral claim or lease with the intent to explore,  hold,  work or take minerals from the claim or lease,  the owner of the claim or lease may apply to the superior court in the county in which the claim or lease is located for a preliminary injunction or temporary restraining order. Prior to the issuance of a preliminary injunction or temporary restraining order,  the court shall determine that the applicant is legally entitled to the claim or lease.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1808 - Injunction between parties to labor dispute; conditions requisite to issuance; limitations

12-1808.
Injunction between parties to labor dispute;  conditions requisite to issuance;  limitations
A. A preliminary injunction or temporary restraining order shall not be granted between employer and employee,  or between employees,  or between persons employed and persons seeking employment,  involving or arising from a dispute concerning terms or conditions of employment,  unless necessary to prevent irreparable injury to property or to a property right of the party making the application and when there is no adequate remedy at law for the injury. The property or property right shall be described with particularity in the application.
B. The preliminary injunction or temporary restraining order as provided for in subsection A shall not prohibit any person from:
1. Terminating any relation of employment,  or from ceasing to perform any work or labor,  or from recommending,  advising,  or persuading others by peaceful means so to do.
2. Attending at or near a house or place where any person resides or works,  or carries on business,  or happens to be,  for the purpose of peacefully obtaining or communicating information,  or of peacefully persuading any person to work or to abstain from working.
3. Ceasing to patronize or to employ any party to such dispute or from recommending,  advising,  or persuading others by peaceful means to do so.
4. Paying or giving to or withholding from any person engaged in such dispute any strike benefits or other monies or things of value.
5. Peaceably assembling at any place in a lawful manner and for lawful purposes.
6. Doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1831 - Scope

12-1831.
Scope
Courts of record within their respective jurisdictions shall have power to declare rights,  status,  and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect;  and such declarations shall have the force and effect of a final judgment or decree.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1832 - Power to construe, etc.

12-1832.
Power to construe,  etc.
Any person interested under a deed,  will,  written contract or other writings constituting a contract,  or whose rights,  status or other legal relations are affected by a statute,  municipal ordinance,  contract or franchise,  may have determined any question of construction or validity arising under the instrument,  statute,  ordinance,  contract,  or franchise and obtain a declaration of rights,  status or other legal relations thereunder.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1834 - Personal representatives, etc.; declaration of rights

12-1834.
Personal representatives,  etc.;  declaration of rights
Any person interested as or through a personal representative,  administrator,  trustee,  guardian,  conservator or other fiduciary,  creditor,  devisee,  heir,  next of kin,  or cestui que trust,  in the administration of a trust,  or of the estate of a decedent,  an infant,  ward,  or insolvent,  may have a declaration of rights or legal relations in respect to any of the following:
1. To ascertain any class of creditors,  devisees,  heirs or others;  or
2. To direct the personal representatives,  administrators,  trustees,  guardians or conservators to do or abstain from doing any particular act in their fiduciary capacity;  or
3. To determine any question arising in the administration of the estate or trust,  including questions of construction of wills and other writings.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1835 - Enumeration not exclusive

12-1835.
Enumeration not exclusive
The enumeration in sections 12-1832,  12-1833 and 12-1834 does not limit or restrict the exercise of the general powers conferred in section 12-1831,  in any proceeding where declaratory relief is sought,  in which a judgment or decree will terminate the controversy or remove an uncertainty.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1838 - Supplemental relief

12-1838.
Supplemental relief
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by complaint or appropriate pleading to a court having jurisdiction to grant the relief. If the application be deemed sufficient,  the court shall,  on reasonable notice,  require any adverse party whose rights have been adjudicated by the declaratory judgment or decree,  to show cause why further relief should not be granted forthwith.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1841 - Parties; notice of claim of unconstitutionality

12-1841.
Parties;  notice of claim of unconstitutionality
A. When declaratory relief is sought,  all persons shall be made parties who have or claim any interest which would be affected by the declaration,  and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding that involves the validity of a municipal ordinance or franchise,  such municipality shall be made a party and shall be entitled to be heard. In any proceeding in which a state statute,  ordinance,  franchise or rule is alleged to be unconstitutional,  the attorney general and the speaker of the house of representatives and the president of the senate shall be served with a copy of the pleading,  motion or document containing the allegation at the same time the other parties in the action are served and shall be entitled to be heard.
B. If a pleading,  motion or document containing the allegation is served on the attorney general and the speaker of the house of representatives and the president of the senate pursuant to subsection A,  a notice of claim of unconstitutionality shall be attached to the pleading,  motion or document as the cover page and shall state the following information:
1. The name,  address and telephone number of the attorney for the party alleging that a state law is unconstitutional or the name,  address and telephone number of the party if the party is not represented by an attorney.
2. The case name,  court name,  caption and case number of the proceeding.
3. A brief statement of the basis for the claim of unconstitutionality.
4. A brief description of the proceeding,  with copies of any court orders in the proceeding if the claim of unconstitutionality is asserted in a pleading,  motion or document other than the pleading,  motion or document that initiated the proceeding.
5. The date,  time,  location,  judge and subject of the next hearing in the proceeding,  if any.
C. If the attorney general or the speaker of the house of representatives and the president of the senate are not served in a timely manner with notice pursuant to subsection A,  on motion by the attorney general,  the speaker of the house of representatives or the president of the senate the court shall vacate any finding of unconstitutionality and shall give the attorney general,  the speaker of the house of representatives or the president of the senate a reasonable opportunity to prepare and be heard.
D. This section shall not be construed to compel the attorney general,  the speaker of the house of representatives or the president of the senate to intervene as a party in any proceeding or to permit them to be named as defendants in a proceeding. The attorney general,  the speaker of the house of representatives or the president of the senate,  in the party's discretion,  may intervene as a party,  may file briefs in the matter or may choose not to participate in a proceeding that is subject to the notice requirements of this section.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1844 - Provisions severable

12-1844.
Provisions severable
The several sections and provisions of this article except sections 12-1831 and 12-1832,  are hereby declared independent and severable,  and the invalidity,  if any,  of any part or feature thereof shall not affect or render the remainder of the article invalid or inoperative.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1845 - Uniformity of interpretation

12-1845.
Uniformity of interpretation
This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it,  and to harmonize,  as far as possible,  with federal laws and regulations on the subject of declaratory judgments and decrees.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1861 - Supreme court; questions of law certified by other courts

12-1861.
Supreme court;  questions of law certified by other courts
The supreme court may answer questions of law certified to it by the supreme court of the United States,  a court of appeals of the United States,  a United States district court or a tribal court when requested by the certifying court if there are involved in any proceedings before the certifying court questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the supreme court and the intermediate appellate courts of this state.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1864 - Preparation and transmission of certification order

12-1864.
Preparation and transmission of certification order
A. The certification order shall be prepared by the certifying court,  signed by the judge presiding at the hearing and forwarded to the supreme court by the clerk of the certifying court under its official seal.
B. The supreme court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order,  if,  in the opinion of the supreme court,  the record or portion of the record may be necessary in answering the questions.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1871 - Determination of maintainability

12-1871.
Determination of maintainability
A. After the commencement of an action that is brought as a class action and after a hearing,  the court shall determine by order whether the action is to be maintained as a class action. The court may condition,  alter,  amend or withdraw its order at any time before the decision on the merits.
B. If the court finds that an action should be maintained as a class action,  the court shall certify the action in writing,  shall set forth its reasons as to why the action should be maintained as a class action and shall describe all evidence in support of its determination.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1872 - Court orders

12-1872.
Court orders
In the conduct of class actions,  the court may make orders that:
1. Determine the course of the proceedings or that prescribe measures to prevent undue repetition or complication in the presentation of evidence or argument.
2. For the protection of the class members or for the fair conduct of the action,  require that notice be given in any manner the court directs to some or all of the members of any step in the action,  of the proposed entry of judgment or of the opportunity of members to signify whether they consider the representation to be fair and adequate,  to intervene and present claims and defenses or otherwise to come into the action.
3. Impose conditions on the representative parties or on intervenors.
4. Require that the pleadings be amended to eliminate allegations as to representation of absent persons and that the action proceed accordingly.
5. Deal with similar procedural matters.
6. Combine with any other appropriate pretrial order.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-1873 - Appeals; stay

12-1873.
Appeals;  stay
A. The court's certification or refusal to certify a class action is appealable in the same manner as a final order or judgment.
B. If an appeal is filed pursuant to this section,  all discovery and other proceedings shall be stayed except that on motion of a party,  the court may permit discovery proceedings to continue during the pendency of the appeal.
C. An appeal filed pursuant to subsection A of this section shall be entitled to preference.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2001 - Granting of writ

12-2001.
Granting of writ
The writ of certiorari may be granted by the supreme and superior courts or by any judge thereof,  in all cases when an inferior tribunal,  board or officer,  exercising judicial functions,  has exceeded its jurisdiction and there is no appeal,  nor,  in the judgment of the court,  a plain,  speedy and adequate remedy.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2002 - Application for writ; grant of writ

12-2002.
Application for writ;  grant of writ
A. An application for a writ of certiorari shall be made on affidavit by the party beneficially interested,  and the court may grant the writ with or without notice to the adverse party,  or may enter an order to show cause why it should not be granted.
B. The writ may be directed to the inferior tribunal,  board or officer,  or to any other person having the custody of the record or proceedings to be certified.
C. When the writ is directed to a tribunal,  the clerk,  if there is one,  shall return the writ with the transcript required.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2003 - Contents of writ

12-2003.
Contents of writ
The writ of certiorari shall command the party to whom it is directed to certify fully to the court issuing the writ,  at a specified time and place,  and to annex to the writ a transcript of the record and proceedings named in the writ,  and requiring the party in the meantime to desist from further proceedings in the matter to be reviewed.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2004 - Stay of proceedings

12-2004.
Stay of proceedings
If a stay of proceedings is not intended,  the words requiring the stay shall be omitted from the writ. The words may be inserted or omitted in the discretion of the court. If the words are omitted,  the power of the inferior court or officer shall not be suspended nor the proceedings stayed.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2007 - Denial of return to writ; hearing; transmittal of judgment; appeal

12-2007.
Denial of return to writ;  hearing;  transmittal of judgment;  appeal
A. If the return to a writ of certiorari is defective,  the court may order a further return made. When a full return has been made,  the court or judge shall hear the matter and give judgment affirming,  annulling or modifying the proceedings below.
B. A copy of the judgment,  certified by the clerk,  shall be transmitted to the inferior tribunal,  board or officer.
C. If the judgment is rendered in a court other than the supreme court,  an appeal may be taken from such judgment as in a civil action.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2021 - Issuance of writ

12-2021.
Issuance of writ
A writ of mandamus may be issued by the supreme or superior court to any person,  inferior tribunal,  corporation or board,  though the governor or other state officer is a member thereof,  on the verified complaint of the party beneficially interested,  to compel,  when there is not a plain,  adequate and speedy remedy at law,  performance of an act which the law specially imposes as a duty resulting from an office,  trust or station,  or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled and from which he is unlawfully precluded by such inferior tribunal,  corporation,  board or person.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2022 - Alternative or peremptory writ

12-2022.
Alternative or peremptory writ
A. A writ of mandamus may be either alternative or peremptory.
B. The alternative writ shall state generally the allegations of the complaint against the party to whom it is directed,  and command such party,  immediately after receipt of the writ,  or at some other specified time,  to do the act required to be performed,  or to show cause before the court at a specified time and place why he has not done so.
C. The peremptory writ shall be in form similar to the alternative writ,  except that the words requiring the party to show cause why he has not done as commanded shall be omitted.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2023 - Application for writ; notice; hearing on default

12-2023.
Application for writ;  notice;  hearing on default
A. When application for a writ of mandamus is made without notice to the adverse party,  and the writ is allowed,  the alternative writ shall be first issued.
B. If application for a writ of mandamus is made upon due notice,  the peremptory writ may be issued in the first instance. The notice of application,  when given,  shall be of at least ten days.
C. The writ shall not be granted by default,  but the action shall be heard by the court though the adverse party does not appear.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2024 - Answer and reply

12-2024.
Answer and reply
On the return day of the alternative writ of mandamus,  or at the time stated in the notice of application for the writ,  defendant may show cause by verified answer why the writ should not be granted. The answer shall not be conclusive,  but plaintiff may object to its sufficiency and may reply thereto within such time as fixed by the court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2025 - Trial; order; jury; place of trial; procedure

12-2025.
Trial;  order;  jury;  place of trial;  procedure
A. If the answer or reply upon an application for writ of mandamus raises a question of fact,  the court shall try such question,  or may order the question tried before a jury. The question to be tried by the jury shall be distinctly stated in the order for the trial.
B. If the application is made in the supreme court the court shall designate a superior court for the trial of an issue of fact,  and transmit to such court a certified copy of the order for trial.
C. The superior court shall thereupon try such issue to a jury as a trial in civil actions,  and shall certify the verdict to the supreme court if no motion for a new trial is made within five days or if such motion is made and denied,  when it is denied.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2026 - Motion for new trial; retrial

12-2026.
Motion for new trial;  retrial
A. Either party may move for a new trial in the court where the verdict was returned.
B. If a new trial is granted,  another jury shall be summoned within five days thereafter to try the issue,  unless the parties agree on a longer time.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2027 - Determination of questions of law

12-2027.
Determination of questions of law
If the answer and reply upon application for a writ of mandamus raise only questions of law or put in issue immaterial statements not affecting substantial rights of the parties,  or when the question of fact has been determined,  the court shall hear the argument.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2028 - Writ of mandamus; service

12-2028.
Writ of mandamus;  service
A. If judgment is awarded applicant a peremptory writ of mandamus shall be awarded without delay.
B. The writ shall be served in the same manner as a summons in a civil action,  except when otherwise expressly directed by the court.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2029 - Disobedience of writ; classification

12-2029.
Disobedience of writ;  classification
A. If a person upon whom the peremptory writ of mandate has been personally served,  without just excuse,  knowingly fails or refuses to obey the writ,  such person is guilty of a class 3 misdemeanor and the court may make any orders necessary and proper for complete enforcement of the writ.
B. If a fine is imposed upon an officer who draws a salary from the state or a county,  a certified copy of the order shall be forwarded to the department of administration or board of supervisors as the case may be,  and the amount of the fine shall be retained from the salary of such officer.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2030 - Mandamus action; award of fees and other expenses against the state or political subdivision; definition

12-2030.
Mandamus action;  award of fees and other expenses against the state or political subdivision;  definition
A. A court shall award fees and other expenses to any party other than this state or any political subdivision of this state which prevails by an adjudication on the merits in a civil action brought by the party against the state,  any political subdivision of this state or an intervenor to compel a state officer or any officer of any political subdivision of this state to perform an act imposed by law as a duty on the officer.
B. As used in this section,  " fees and other expenses"  includes the reasonable expenses of expert witnesses,  the reasonable cost of any study,  analysis,  report,  test or project found by the court to be necessary for preparation of the party's case,  and reasonable and necessary attorney fees.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2041 - Action by attorney general; venue

12-2041.
Action by attorney general;  venue
A. An action may be brought in the supreme court by the attorney general in the name of the state upon his relation,  upon his own information or upon the verified complaint of any person,  in cases where the supreme court has jurisdiction,  or otherwise in the superior court of the county which has jurisdiction,  against any person who usurps,  intrudes into or unlawfully holds or exercises any public office or any franchise within this state.
B. The attorney general shall bring the action when he has reason to believe that any such office or franchise is being usurped,  intruded into or unlawfully held or exercised.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2042 - Action by county attorney

12-2042.
Action by county attorney
An action may be brought in the superior court by the county attorney in the name of the state upon his own information or upon the verified complaint of any person,  against any person who usurps,  intrudes into or who unlawfully holds or exercises any public office or any franchise within his county. The county attorney shall bring the action when he has reason to believe that any such office or franchise is being usurped,  intruded into or unlawfully held or exercised.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2043 - Failure of attorney general or county attorney to bring action for claimant of office

12-2043.
Failure of attorney general or county attorney to bring action for claimant of office
A. If the attorney general or the county attorney refuses to bring an action as provided for in sections 12-2041 and 12-2042,  upon information or at the request of any person claiming such office or franchise,  the person may apply to the court for leave to bring the action in his own name and may so bring it if leave therefor is granted.
B. Notice of the application shall be given to the attorney general or the county attorney as the case may be.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2044 - Adjudication of office; damages; several claimants

12-2044.
Adjudication of office;  damages;  several claimants
A. When the action involves the right to an office,  the complaint shall show the one who is entitled to the office,  and the issues made thereon shall be tried. The judgment given shall adjudge who is entitled to the office. If judgment is given awarding the right to the office to the person alleged to be entitled thereto,  he may recover the damages which he has sustained by reason of the usurpation of the office by defendant.
B. When several persons claim the same office or franchise,  one action may be brought against all such persons to try their rights to the office or franchise.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2045 - Judgment of usurpation; classification

12-2045.
Judgment of usurpation;  classification
If a defendant is adjudged guilty of usurping or intruding into or unlawfully holding an office,  franchise or privilege,  such defendant is guilty of a petty offense and shall be excluded from the office,  franchise or privilege.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2101.01 - Appeals from arbitration awards

12-2101.01.
Appeals from arbitration awards
A. An appeal may be taken from any of the following:
1. An order denying an application to compel arbitration made under section 12-1502 or 12-3007.
2. An order granting an application to stay arbitration made under section 12-1502 or 12-3007.
3. An order denying confirmation of an award.
4. An order modifying or correcting an award.
5. An order vacating an award without directing a rehearing.
6. A judgment or decree entered pursuant to chapter 9 or 21 of this title.
B. The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2102 - Scope of review by supreme court upon appeal from final judgment

12-2102.
Scope of review by supreme court upon appeal from final judgment
A. Upon an appeal from a final judgment,  the supreme court shall review any intermediate orders involving the merits of the action and necessarily affecting the judgment,  and all orders and rulings assigned as error,  whether a motion for a new trial was made or not.
B. If a motion for new trial was denied,  the court may,  on appeal from the final judgment,  review the order denying the motion although no appeal is taken from the order.
C. On an appeal from a final judgment the supreme court shall not consider the sufficiency of the evidence to sustain the verdict or judgment in an action tried before a jury unless a motion for a new trial was made.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2103 - Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur

12-2103.
Powers of supreme court on appeal;  affirmance;  reversal;  modification;  restitution;  rehearing when three judges do not concur
A. The supreme court may affirm,  reverse or modify a judgment or order appealed from,  and may render such judgment or order as the court below should have rendered,  or may remand the action to the court below with directions to render such judgment or order,  or may direct that a new trial or other proceedings be had,  as justice may require,  accompanying the mandate with a copy of its opinion.
B. When the judgment or order is reversed or modified the court may make complete restitution of all property and rights lost by the erroneous judgment or order.
C. If three judges do not concur the action shall be reheard.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2104 - Remittitur or additur by supreme court

12-2104.
Remittitur or additur by supreme court
A. The supreme court may order that if the party who has recovered damages shall,  within such time as the court may fix,  file a remittitur from the judgment of the amount which the court deems excessive,  the judgment as to the remainder of the damages shall be affirmed,  otherwise reversed and a new trial ordered.
B. If the supreme court deems the judgment inadequate and insufficient it may order that if both parties consent to the entry of judgment for such amount as the court deems adequate,  the court from which the appeal was taken shall render judgment for such amount,  and that in case of failure to so consent,  the judgment shall be reversed.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2105 - Extent of judgment against surety on bond for costs on appeal or supersedeas bond; direction when money deposited in lieu of bond

12-2105.
Extent of judgment against surety on bond for costs on appeal or supersedeas bond;  direction when money deposited in lieu of bond
A. When the supreme court affirms the judgment or order appealed from,  it shall give judgment against appellant and the surety upon the bond for costs on appeal for costs of the supreme court and the court below.
B. When a supersedeas bond has been given,  and the appeal is from a judgment for the recovery of money,  the supreme court shall give judgment against appellant and the surety upon such bond for the amount of the judgment with interest from the date of its rendition.
C. If money has been deposited in lieu of bond,  the supreme court shall direct that the costs and the amount of the judgment be paid from the money deposited.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2106 - Penalty for taking frivolous appeal or appeal for delay

12-2106.
Penalty for taking frivolous appeal or appeal for delay
When the supreme court is of the opinion that an appeal has been taken for delay,  and that there was not sufficient grounds for taking an appeal,  it may include in its judgment an additional amount,  not exceeding ten per cent of the judgment appealed from,  if the judgment is for the recovery of money,  and not exceeding five hundred dollars in other cases,  as damages for a frivolous appeal.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2107 - Filing fees on appeal; exception

12-2107.
Filing fees on appeal;  exception
A. The appellant in a civil action appealed to the court of appeals or the supreme court,  as the case may be,  shall upon filing the notice of the appeal pay to the clerk of the superior court in the county from which the action is appealed a filing fee established pursuant to section 12-284. This fee is exclusive of the per page copy fee prescribed by section 12-284. If an appellee files a cross appeal in the same case a filing fee established pursuant to section 12-284 shall be paid to the clerk of the superior court.
B. A filing fee shall not be charged to an appellant for filing an appeal,  or to an appellee filing a cross appeal in the same case,  to the court of appeals or to the supreme court from an order:
1. Granting or denying a petition for an order of protection under section 13-3602.
2. Granting or denying an injunction against harassment under section 12-1809.
3. Quashing an order of protection or injunction against harassment.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2108 - Preservation of right to appeal judgment without execution

12-2108.
Preservation of right to appeal judgment without execution
A. If a plaintiff in any civil action obtains a judgment under any legal theory,  the amount of the bond that is necessary to stay execution during the course of all appeals or discretionary reviews of that judgment by any appellate court shall be set as the lesser of the following:
1. The total amount of damages awarded excluding punitive damages.
2. Fifty per cent of the appellant's net worth.
3. Twenty-five million dollars.
B. Notwithstanding subsection A,  if an appellee proves by clear and convincing evidence that an appellant is intentionally dissipating assets outside the ordinary course of business to avoid payment of a judgment,  the court may require the appellant to post a bond in an amount up to the full amount of the judgment.
C. Notwithstanding subsection A,  if an appellant proves by clear and convincing evidence that the appellant is likely to suffer substantial economic harm if required to post bond in an amount required under subsection A,  the trial court may lower the bond amount to an amount that will not cause the appellant substantial economic harm.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2201 - Persons who may be witnesses

12-2201.
Persons who may be witnesses
A. Every person,  including a party,  may testify in any civil or criminal proceeding,  or before any person who has authority to receive evidence,  except as otherwise expressly provided by law.
B. A person shall not be incompetent to testify because he is a party to an action or proceeding or interested in the issue tried,  or because he has been indicted,  accused or convicted of a crime,  or because of his religious opinions,  or because he does not have any religious belief.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2202 - Persons who may not be witnesses

12-2202.
Persons who may not be witnesses
The following shall not be witnesses in a civil action:
1. Persons who are of unsound mind at the time they are called to testify.
2. Children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are to testify,  or of relating them truly.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-2203 - Admissibility of expert opinion testimony

12-2203.
Admissibility of expert opinion testimony
A. In a civil or criminal action,  only a qualified witness may offer expert opinion testimony regarding scientific,  technical or other specialized knowledge and the testimony is admissible if the court determines that all of the following apply:
1. The witness is qualified to offer an opinion as an expert on the subject matter based on knowledge,  skill,  experience,  training or education.
2. The opinion will assist the trier of fact in understanding the evidence or determining a fact in issue.
3. The opinion is based on sufficient facts and data.
4. The opinion is the product of reliable principles and methods.
5. The witness reliably applies the principles and methods to the facts of the case.
B. The court shall consider the following factors,  if applicable,  in determining whether the expert testimony is admissible pursuant to subsection A:
1. Whether the expert opinion and its basis have been or can be tested.
2. Whether the expert opinion and its basis have been subjected to peer reviewed publications.
3. The known or potential rate of error of the expert opinion and its basis.
4. The degree to which the expert opinion and its basis are generally accepted in the scientific community.