Arizona Revised Statutes Title 22 - Justice And Municipal Courts

Chapter 1 JUSTICE PRECINCTS AND PRECINCT OFFICERS
Article 1 Justice Precincts

• § 22-101 Justice Precincts; Formation, Change Or Abolishment; Jurisdiction
  A. The board of supervisors shall divide the county into justice precincts and name or number them, and may change or abolish any justice...
• § 22-102 Officers And Term Of Office
  The officers of justice precincts shall be a justice of the peace and a constable, who shall be elected by the qualified electors of...
• § 22-103 Presiding Justice Of The Peace; Selection
  In any county in which two or more justice courts are located, the justices of the peace in that county shall periodically select one...

Article 2 Justices of the Peace

• § 22-111 Election; Term Of Office
  In each justice precinct there shall be elected by the qualified electors of the precinct, at the general election, one justice of the peace,...
• § 22-112 Powers And Duties
  A justice of the peace shall have the powers and perform the duties prescribed by law.
• § 22-113 Seal
  A. Each justice of the peace shall have an official seal, which shall contain the words " justice of the peace" and the name...
• § 22-114 Authority To Act In Other Precincts Within The County Or Adjoining Precincts; Expenses
  A. In the absence, illness or inability to act or on the request of the justice of the other precinct, each justice of the...
• § 22-115 Jurisdiction Of Successor In Office
  A justice of the peace elected or appointed as the successor of a previous justice of the peace has jurisdiction of the actions or...
• § 22-116 Funds In Possession Of Justice Of The Peace; Deposit With County Treasurer; Payment To Claimants; Disposition Of Unclaimed Funds
  A. On or before April 1 each year, every justice of the peace whose court is in possession of funds obtained from any source...
• § 22-117 Payment Of Compensation And Expenses
  A. Justices of the peace shall be allowed by the board of supervisors, as a county charge, the following: 1. Space. 2. Equipment. 3....
• § 22-118 Failure To Disburse Fines Or Forfeitures Received; Classification
  A justice of the peace who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law...
• § 22-119 Purchase Of Judgment; Violation; Classification
  A justice of the peace who knowingly purchases or offers directly or indirectly to purchase any judgment or part of a judgment is guilty...
• § 22-120 Forfeiture Of And Disqualification From Office On Conviction Of Certain Crimes
  In addition to the punishment prescribed by the crime, a justice of the peace who is convicted of any of the following crimes shall...
• § 22-121 Justices Of The Peace Pro Tempore; Appointment; Term; Reappointment; Extension Of Duties; Powers And Duties
  A. The presiding judge of the superior court in a county may appoint a justice of the peace pro tempore for any precinct of...
• § 22-122 Qualifications Of Justices Of The Peace Pro Tempore; Residence; Compensation
  A. A justice of the peace pro tempore shall be: 1. Of good moral character. 2. A qualified elector and resident of this state...
• § 22-123 Payment Of Salaries And Other Expenses; Providing Facilities; Judicial Employees
  The salary of the justice of the peace pro tempore shall be paid by the county wherein the justice of the peace pro tempore...
• § 22-124 Custody Of Records Filed; Purging; Destruction
  A. The justice of the peace shall maintain and dispose of all documents that are filed with the court pursuant to rules prescribed by...
• § 22-125 Justice Of The Peace Compensation; Judicial Productivity Credits
  A. The annual salary of each justice of the peace is determinable on the basis of the total judicial productivity credits of each court...

Article 3 Constables

• § 22-131 Constables; Powers And Duties; Prohibited Acts
  A. Constables shall attend the courts of justices of the peace within their precincts when required, and within their counties execute, serve and return...
• § 22-132 Expenses
  Constables shall be allowed by the board of supervisors, as a county charge, the actual and necessary expenses incurred in training as required by...
• § 22-133 Failure To Disburse Fine Or Forfeiture Received; Classification
  A constable who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law within thirty days...
• § 22-134 Purchase Of Judgment; Violation; Classification
  A constable who knowingly purchases or offers directly or indirectly to purchase any judgment or part of a judgment is guilty of a class...
• § 22-135 Forfeiture Of And Disqualification From Office On Conviction Of Certain Crimes
  In addition to the punishment prescribed by the crime, a constable who is convicted of any of the following crimes shall forfeit the office...
• § 22-136 Constable Ethics Standards And Training Board
  A. A constable ethics standards and training board is established consisting of the following voting members: 1. Two constables from counties with a population...
• § 22-137 Constable Ethics Standards And Training Board; Powers And Duties; Constable Training
  A. The constable ethics standards and training board shall: 1. Adopt rules for the administration and conduct of the board, including meeting times, meeting...
• § 22-138 Constable Ethics Standards And Training Fund; Budget
  A. A constable ethics standards and training fund is established consisting of monies received from writ fees collected pursuant to section 11-445, subsection A,...

Chapter 2 CIVIL PROCEEDINGS IN JUSTICE COURTS
Article 1 Jurisdiction and Venue

• § 22-201 Jurisdiction Of Civil Actions
  A. Justices of the peace have jurisdiction only as affirmatively conferred on them by law. B. Justices of the peace have exclusive original jurisdiction...
• § 22-202 Venue Of Civil Actions
  A. A person shall not be sued outside of the justice precinct where the person resides, except: 1. If a defendant or all of...
• § 22-203 Venue When Justice Is Unable To Act
  If the justice of the peace of the precinct in which the case is filed is absent or for any reason is unable to...
• § 22-204 Change Of Venue; Grounds
  A. If either party in an action pending in a justice court, after the answer has been filed, files an affidavit in the action...
• § 22-205 Procedure When Justice Disqualified; Order And Transmittal Of Papers
  A. If a justice of the peace is disqualified in a civil action the justice of the peace shall transfer the action to a...

Article 2 Pleadings and Procedure

• § 22-211 Procedure And Practice
  The law governing procedure and practice in the superior court so far as applicable and when not otherwise specially prescribed, shall govern procedure and...
• § 22-212 Civil Court Record
  Each justice of the peace shall keep a civil court record. The court record shall include the following: 1. The title of actions commenced...
• § 22-215 Oral Pleadings
  The pleadings in the justice court may be oral, except as otherwise provided by law.
• § 22-216 Allegations Required To Be Made By Written And Signed Pleading
  A. An answer or other pleading made in a justice court that alleges any of the following matters shall be in writing and signed:...
• § 22-217 Subpoena For Attendance Of Witnesses; Issuance; Service
  A. A justice of the peace shall at the request of a party to an action pending in his court issue a subpoena for...
• § 22-219 Confession Of Judgment Without Issuance Or Service Of Process
  A. A party may appear in person or by an agent or attorney before a justice of the peace without issuance or service of...
• § 22-220 Appearance Of Defendant; Demand Or Waiver Of Jury; Time Of Trial; Charging The Jury
  A. When a defendant appears the defendant's appearance shall be noted in the court record. B. Either party may demand a jury before trial,...
• § 22-223 Forming Jury; Challenges
  A. At the time appointed for the trial, the justice of the peace shall call the names of the jurors summoned. If a sufficient...
• § 22-224 Oath Of Jury
  When the jury has been selected, the justice of the peace shall administer to it substantially the following oath: " Do you swear or...

Article 3 Judgments and Executions

• § 22-241 Announcement And Recording Of Verdict Or Decision
  When a verdict is returned by a jury the justice of the peace shall announce the verdict in open court, note it in the...
• § 22-242 Recording Judgment
  The judgment shall be signed by the justice of the peace and then be recorded at length in the court record. The judgment shall...
• § 22-243 Judgment In Replevin
  Where judgment is for the recovery of specific articles, their value shall be separately found by the verdict or decision and the judgment shall...
• § 22-244 Writ Of Execution
  A. The judgment of a justice of the peace shall be enforced by execution or other appropriate process. B. The execution or process shall...
• § 22-245 Certificate Required With Writ Of Execution Sent To Another County
  A. Where an execution is sent to a county other than that in which judgment was given, it shall be accompanied by a certificate...
• § 22-246 Levy Upon Real Property; Limitation And Procedure
  No real property or any interest therein shall be levied upon or sold by virtue of any judgment given by a justice of the...

Article 4 Appeals

• § 22-261 Judgments That May Be Appealed
  A. Any party to a final judgment of a justice court may appeal to the superior court. B. The party aggrieved by a judgment...
• § 22-262 Appeals Procedure
  The procedure for appeals from a justice court to the superior court shall be as provided by rules adopted by the supreme court.
• § 22-263 Defective Bond
  No appeal shall be dismissed or judgment affirmed by reason of any defect, informality or insufficiency of the appeal bond, if appellant, within such...
• § 22-264 Transmittal Of Court Record And Papers
  A. When an appeal is taken the justice of the peace shall make a certified copy of all court record documents, exhibits and other...
• § 22-265 Notice To Appellant For Payment Of Fees
  Upon receipt of the transcript or papers on appeal from the justice court, the clerk of the superior court shall notify appellant that the...

Article 5 Fees and Costs

• § 22-281 Fees And Deposits
  A. Justices of the peace shall receive fees established and classified as follows in civil actions: Class Description Fee A Initial case filing fee...
• § 22-283 Costs On Appeal
  The appellant in a civil action appealed to the superior court from a justice court shall pay to the clerk of the superior court...
• § 22-284 Electronic Filing And Access; Fee; County Judicial Collection Enhancement Fund
  A. The presiding judge of the superior court may provide for the electronic filing of documents and electronic access to justice court records, pursuant...

Chapter 3 CRIMINAL PROCEEDINGS IN JUSTICE COURTS
Article 1 Jurisdiction and Venue

• § 22-301 Jurisdiction Of Criminal Actions
  A. The justice courts shall have jurisdiction of the following offenses committed within their respective precincts: 1. Misdemeanors and criminal offenses punishable by a...
• § 22-302 Venue When Justice Unable To Act
  If the justice of the peace of the precinct in which the crime is alleged to have been committed is absent therefrom, or for...
• § 22-303 Change Of Venue; Grounds
  A. If either party in an action pending in a justice court, after the complaint has been filed, files an affidavit in the action...
• § 22-304 Transmittal Of Papers Upon Change Of Venue; Trial
  When a change of the place of trial is ordered, the justice of the peace shall transmit to the justice of the peace before...

Article 2 Trial and Pre-Trial Procedure

• § 22-311 Commencement Of Action; Arrest Or Summons; Examination Of Witnesses
  A. All proceedings and actions before justice courts for public offenses of which such courts have jurisdiction shall be commenced by complaint, under oath,...
• § 22-312 Criminal Court Record
  A justice of the peace shall keep a criminal court record and shall enter each action and proceeding of the court in the court
• § 22-313 Procedure
  The rules of criminal procedure for the superior court shall apply to justice courts so far as applicable and when not otherwise prescribed.
• § 22-314 Bail; Preparation Of Schedule; Collection; Civil Deposits
  A. The defendant, at any time after arrest and before conviction, shall be eligible for bail, subject to section 13-3961 and any applicable rules...
• § 22-317 Plea Of Not Guilty
  Upon a plea other than a plea of guilty, if no party demands a trial by jury, and a postponement or change of venue...
• § 22-320 Trial By Jury
  A trial by jury shall be had if demanded by either the state or defendant if otherwise authorized by law.
• § 22-321 Challenges To Jury And Jurors
  A. The challenges taken by either party to the panel of jurors or to any individual juror shall be as on trials in the...
• § 22-322 Oath Of Jury
  When the jury has been selected, the justice of the peace shall administer to it substantially the following oath: " Do you swear or...
• § 22-323 Trial Before Jury; Charging Jury On Facts Prohibited
  A. After the jury is sworn, it shall hear the proceedings which shall be in public and in the presence of defendant. B. The...
• § 22-324 Verdict Of Jury; Officer In Charge Of Jury During Deliberation
  A. After hearing the evidence of the offense of which defendant is charged, the jury may give its verdict in court or may retire...
• § 22-325 Verdict; Entry; Several Defendants; Partial Verdict
  A. The verdict of the jury shall be either " guilty" or " not guilty." B. When the jury has agreed on its verdict,...
• § 22-326 Discharge Of Jury; Retrial Of Action
  The jury shall not be discharged after the action is submitted to it until it has agreed upon and rendered its verdict, unless for...
• § 22-327 Acquittal; Discharge Of Defendant; Payment Of Costs By Complainant When Prosecution Malicious
  A. When defendant is acquitted either by the court or the jury, he shall be immediately discharged. B. If the court certifies in the...

Article 4 Judgment and Sentence

• § 22-352 Judgment; Imprisonment For Fine; Limitation; Lien
  A. When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the...
• § 22-353 Sentence Of Fine Only; Discharge Of Defendant
  If the sentence imposes a fine only, without imprisonment for nonpayment, and the defendant is not detained for any other legal cause, he shall...
• § 22-354 Sentence To Pay Fine; Custody And Release Of Defendant
  A. When a sentence is pronounced imposing a fine and ordering defendant imprisoned until the fine is paid, he shall be held in custody...
• § 22-355 Sentence Of Imprisonment; Authority To Enforce
  When a sentence of imprisonment is recorded, it shall state the date imprisonment is to begin, and a certified copy of the sentence shall...

Article 5 Appeals

• § 22-371 Right Of Appeal; Procedure For Taking Appeal; Transcript
  A. The defendant in a criminal action may appeal to the superior court from the final judgment of a justice or municipal court. B....
• § 22-371.01 Disposition Of Appeal Bonds
  If an appeal bond has been posted and the final disposition of the appeal remains in the superior court, that court shall enter all...
• § 22-372 Bond On Appeal; Stay Of Sentence
  A. Execution of the sentence shall not be stayed unless the defendant executes a bond with sureties, in an amount fixed by a justice...
• § 22-373 Transmittal Of Papers On Appeal
  A. On an appeal to the superior court, the justice of the peace or presiding officer of a municipal court shall immediately, without charge,...
• § 22-373.01 Dismissal Of Appeal; Remand To Court Of Origin
  After an appeal has been docketed in the superior court, the superior court may on stipulation, on motion of the defendant, or on the...
• § 22-374 Superior Court Trial Or Determination Of Appeal
  A. An appeal shall be on the record of proceedings if such record includes a transcript of the proceedings. Trial de novo shall be...
• § 22-375 Limitation Of Appeal From Superior Court In Action Appealed From Inferior Court
  A. An appeal may be taken by the defendant, this state or any of its political subdivisions from a final judgment of the superior...

Chapter 4 MUNICIPAL COURTS
Article 1 General Provisions

• § 22-401 Municipal Court Defined
  The term " municipal court" as used in this title includes city or town magistrates' courts and all other courts established by law in...
• § 22-402 Establishment And Jurisdiction
  A. In each city or town incorporated under the general laws of this state, there shall be a municipal court. B. Every court established...
• § 22-403 Presiding Officer Of Municipal Court; Appointment; Compensation; Justice Of The Peace As Magistrate
  A. The presiding officer of the municipal court shall be a magistrate, who shall be selected in a manner provided by the charter or...
• § 22-404 Disposition Of Fines And Forfeitures
  A. All fines and forfeitures that are collected in a municipal court maintained by a city or town that pays the salaries of the...
• § 22-405 Collection Of Fines
  A. A municipal court may enforce the collection of monies owed to the municipal court for delinquent fines, fees, sanctions, penalties and restitution through...
• § 22-406 Civil Action To Recover Penalty; Procedure
  The city or town may maintain a civil action in the municipal court for the recovery of a penalty or forfeiture provided for the...
• § 22-407 Failure To Make Payment Or Disbursement Of Fines Or Forfeitures Received; Classification
  A presiding officer of a municipal court who knowingly receives a fine or forfeiture and knowingly fails or refuses or neglects to pay or...
• § 22-408 Electronic Filing And Access; Fee
  A. The presiding judge of the superior court may provide for the electronic filing of documents and electronic access to municipal court records, pursuant...
• § 22-409 Days For Transaction Of Business
  With the approval of the presiding judge of the municipal court, the municipal court may transact business on the second Monday in October if...

Article 2 Procedure

• § 22-421 Commencement Of Action; Arrest Or Summons; Examination Of Witnesses
  A. Proceedings in the municipal court for violations of ordinances committed within the corporate limits of the city or town shall be commenced by...
• § 22-422 Court Record
  The magistrate shall keep a court record and shall enter each action and proceeding of the court in the court record.
• § 22-423 Procedure
  The rules of criminal procedure for the superior court, including the provisions regarding bail, issuance of subpoenas and punishment for disobedience thereof shall apply...
• § 22-424 Bail; Preparation Of Schedule; Collection; Civil Deposits
  A. The defendant, at any time after arrest, and before conviction, shall be eligible for bail, subject to section 13-3961 and any applicable rules...
• § 22-425 Jury Trials And Appeals In Municipal Courts
  A. In the trial of offenses for violation of ordinances of cities or towns of such a nature as by the common law were...
• § 22-427 Authority Of City Or Town Magistrate
  Notwithstanding any other provision of the law to the contrary, a city or town magistrate may perform his duties as authorized by law without...
• § 22-428 Custody Of Records Filed; Purging; Destruction
  A. The magistrate shall maintain and dispose of all documents that are filed with the court pursuant to rules prescribed by the supreme court....
• § 22-429 Judgment; Imprisonment For Fine; Limitation; Lien
  A. When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the...

Chapter 5 SMALL CLAIMS DIVISIONS OF JUSTICE COURTS
Article 1 General Provisions

• § 22-501 Definition
  In this chapter, unless the context otherwise requires, " small claims division" means a forum in justice courts in which procedures shall allow the...
• § 22-502 Establishment Of Small Claims Division
  There is established in each justice court a division designated as the small claims division.
• § 22-503 Jurisdiction; Exceptions
  A. The small claims division has concurrent original jurisdiction with the justice court in all civil actions in which the debt, damage, tort, injury...
• § 22-504 Transfer To Justice Court
  A. If any party whose rights are or may be adjudicated by an action in the small claims division, at least ten days before...
• § 22-505 Venue Of Small Claims Actions; Permissible Motions; Satisfaction Of Judgment
  A. The rules governing venue of civil actions in the justice courts govern small claims actions. B. A motion for change of venue and...
• § 22-506 Hearing Officers
  A. The presiding judge of the superior court in the county may appoint hearing officers for small claims divisions upon recommendation of the justice...
• § 22-507 Clerk Of The Small Claims Division
  A. A designated clerk of each justice court shall provide such assistance as may be requested by any person regarding the jurisdiction, venue, pleadings...

Article 2 Pleadings and Procedure

• § 22-511 Schedule Of Hearings
  The small claims division shall conduct hearings at such times as the justice of the peace may determine or as the supreme court may...
• § 22-512 Parties; Representation
  A. Any natural person, corporation, partnership, association, marital community or other organization may commence or defend a small claims action, but no assignee or...
• § 22-513 Method Of Service
  A. In addition to any other available methods of service, the plaintiff may serve the summons and complaint by registered or certified mail. Service...
• § 22-514 Time For Answer
  The time in which the summons shall require defendant to answer is in all cases twenty days, commencing from the date of service.
• § 22-515 Setting Of Trials; Failure To Appear; Continuances
  A. On the filing of an answer by the defendant, the clerk shall set the action for hearing. The hearing shall be set for...
• § 22-516 Trial Procedure
  A. The justice of the peace or hearing officer shall conduct the trial in such a manner to do justice between the parties and...
• § 22-517 Counterclaims Exceeding Jurisdiction; Procedures; Sanctions For Improper Assertion
  A. In any action where a counterclaim is asserted and the amount involved in the counterclaim exceeds the jurisdictional amount of the small claims...
• § 22-518 Jury Trials Prohibited
  There is no right to a jury in the small claims division.
• § 22-519 Appeals
  There shall be no appeal in a small claims procedure and the decision of the hearing officer or justice of the peace shall be...
• § 22-520 Recording Judgment
  A. The judgment by the justice of the peace or hearing officer in small claims issues shall be rendered no later than ten days...
• § 22-521 Court Records
  Notwithstanding section 22-212, each justice of the peace shall maintain a small claims court record in which the justice of the peace shall enter:...
• § 22-522 Fees
  The following fees are established pursuant to section 22-281: 1. The fee for filing a small claims complaint. 2. The fee for serving the...
• § 22-523 Notice To Public
  A. The presiding judge of the superior court or the presiding justice of the peace in each county shall publicize in an appropriate manner...
• § 22-524 Debtor's Examination
  A. At the time of judgment and on request of the prevailing party or on the judge's own initiative, the judge shall order the...

Chapter 6 HOMELESS, VETERANS AND MENTAL HEALTH COURTS
Article 1 General Provisions

• § 22-601 Homeless, Veterans And Mental Health Courts; Establishment; Eligibility For Referral
  A. The presiding judge of the superior court in each county may establish a homeless court, veterans court and mental health court to adjudicate...
• § 22-602 Homeless, Veterans And Mental Health Courts Jurisdiction; Judicial Officer's Authority To Adjudicate
  A. The originating justice court or municipal court shall maintain jurisdiction of a case that is referred to the homeless court, veterans court or...

Last modified: October 13, 2016