Arizona Revised Statutes Title 12 - Courts And Civil Proceedings
Chapter 1 COURTS OF RECORD
Article 1 The Supreme Court
- § 12-101 Judges; Number; Term; Election
The supreme court shall consist of five judges. The term of office of each judge shall be six years and shall take effect on...
- § 12-102 Jurisdiction And Duties; Court Appointments; Contract And Volunteer Service Providers; Background Investigations; Fingerprinting
A. The supreme court shall discharge the duties imposed and exercise the jurisdiction conferred by the constitution and by law. B. As a condition...
- § 12-102.01 Criminal Case Processing And Enforcement Improvement Fund
A. The criminal case processing and enforcement improvement fund is established consisting of monies appropriated to the fund. The purpose of the fund is...
- § 12-102.02 State Aid To The Courts Fund
A. The state aid to the courts fund is established consisting of monies appropriated to the fund and monies allocated pursuant to section 41-2421,...
- § 12-102.03 Local Courts Assistance Fund
A. The local courts assistance fund is established consisting of monies allocated to the fund pursuant to section 41-2421, subsections E and G. The...
- § 12-103 Seal
The supreme court shall have a seal as devised and adopted by the judges of the court. The seal shall be kept by the...
- § 12-104 Affixing Of Seal
A. The seal of the supreme court need not be affixed to any proceedings in the court except a summons, writ or authentication of...
- § 12-105 Days For Transaction Of Business
The supreme court shall at all times be open for transaction of business except on nonjudicial days.
- § 12-106 Salary Of Justices
Each justice of the supreme court shall receive an annual salary pursuant to section 41-1904.
- § 12-107 Publication Of Opinions
The supreme court and, pursuant to section 12-120.07, the court of appeals shall publish their opinions as soon as practicable after they are announced....
- § 12-108 Reports Of Decisions; Publication; Distribution
A. The supreme court may contract with the person who agrees to publish and sell the report of decisions on terms most advantageous to...
- § 12-109 Promulgation Of Rules Of Pleading, Practice And Procedure; Distribution
A. The supreme court, by rules promulgated from time to time, shall regulate pleading, practice and procedure in judicial proceedings in all courts of...
- § 12-110 Advisory Board; Objections To Rules
A. The state bar, or a representative group selected by the bar, shall act as an advisory board and shall either voluntarily or upon...
- § 12-111 Statutes As Rules Of Court
All statutes relating to pleading, practice and procedure shall be deemed rules of court and shall remain in effect as such until modified or...
- § 12-112 Education Program For Justices And Magistrates
The supreme court shall establish a program of continuing education for justices of the peace and magistrates. The program shall include such courses of...
- § 12-113 Judicial Collection Enhancement Fund; Purpose; Administration; Report; Definition
A. A judicial collection enhancement fund is established consisting of monies received from: 1. The time payment fee established in section 12-116. 2. The...
- § 12-114 Surcharge On Court Ordered Diversion Programs For Traffic Offenses; Deposit
A. If a court authorizes individuals charged with civil or criminal traffic offenses to attend a court authorized diversion program, including a defensive driving...
- § 12-114.01 Probation Assessment; Deposit
A. Except as provided in section 12-269, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall...
- § 12-115 Additional Filing, Appearance And Answer Or Response Fees; Deposit
(Rpld. 1/1/19) A. In addition to any other assessment authorized by law, the supreme court shall establish an additional fee on each filing, appearance...
- § 12-116 Time Payment Fee
A. In addition to any other assessment authorized by law, a fee of twenty dollars shall be assessed on each person who pays a...
- § 12-116.01 Surcharges; Fund Deposits
A. In addition to any penalty provided by law, a surcharge shall be levied in an amount of forty-seven per cent on every fine,...
- § 12-116.02 Additional Surcharges; Fund Deposits
A. In addition to any penalty provided by law, there shall be levied a surcharge in an amount of thirteen per cent on every...
- § 12-116.03 Collection Agencies
A court may contract with public agencies or private entities to assist in collecting fines, fees, penalties, costs, surcharges, restitution and assessments that remain...
- § 12-116.04 Assessment; Law Enforcement Officer Equipment; Gang And Immigration Intelligence Team Enforcement Mission
A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of thirteen dollars on...
- § 12-116.05 Address Confidentiality Program Assessment
A. In addition to any other penalty, fine, fee or assessment authorized by law, a person who is convicted of an offense included in...
- § 12-116.06 Assessment For Family Offenses, Harassment And Stalking
In addition to any other penalty, fine, fee, or assessment authorized by law, a person who is convicted of a violation of section 13-2921,...
- § 12-116.07 Assessments For Dangerous Crimes Against Children And Sexual Assault
A. In addition to any other assessment or restitution, if a person is convicted of or adjudicated delinquent for a dangerous crime against children...
- § 12-116.08 Assessment For Drug Offenses
In addition to any other penalty prescribed by law, the court shall order a person who is convicted of a violation of title 13,...
- § 12-116.09 Assessment; Victims' Rights Enforcement
A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of two dollars on...
- § 12-117 Public Defender Training Fund; Appropriation
A. The public defender training fund is established consisting of monies allocated to the fund pursuant to section 12-116. The supreme court shall administer...
- § 12-118 Use Of Credit Cards By Courts; Definition
A. A court may accept a credit card, debit card, charge card, electronic transfer or other means as approved by the supreme court or...
- § 12-119 Facilities Management
The supreme court may obtain operational and maintenance assistance from the department of administration and security assistance from the department of public safety for...
- § 12-119.01 Supreme Court Fees; Distribution
A. Except as otherwise provided by law, fees for the supreme court shall be established and classified as follows: Class Description Fee A Initial...
- § 12-119.02 Electronic Filing And Access; Fee
A. The supreme court may provide for the electronic filing of documents and electronic access to court records, pursuant to rules adopted by the...
- § 12-119.03 Performance Audit; Supreme Court Administration And Programs; Hearing
The auditor general shall conduct a performance audit, as defined in section 41-1278, of the administrative office of the courts at the request of...
- § 12-119.04 Evaluation Of Superior Court Commissioners
A. The supreme court shall adopt and administer for all superior court commissioners in counties having a population of two hundred fifty thousand persons...
- § 12-119.05 Post Of Duty; Supreme Court Justice
The designated post of duty of a justice of the supreme court who resides outside of Maricopa county shall be deemed to be the...
Article 1.1 Court of Appeals
Article 1.2 Jurisdiction and Venue
Article 1.3 Fees and Costs
Article 2 The Superior Court
- § 12-121 Number Of Judges; Petition For Approval Of Additional Judges; Additional Method
A. In each county of the state there shall be a superior court for which at least one judge shall be elected. In each...
- § 12-122 General Power Of Superior Court
The superior court, in addition to the powers conferred by constitution, rule or statute, may proceed according to the common law.
- § 12-123 Jurisdiction And Powers
A. The superior court shall have original and concurrent jurisdiction as conferred by the constitution, and concurrent jurisdiction with justices of the peace of...
- § 12-124 Appellate Jurisdiction; Issuance Of Writs
A. The superior court shall have appellate jurisdiction in all actions appealed from justices of the peace, inferior courts, boards and officers from which...
- § 12-125 Procedure For Appeal When Not Prescribed
When the right of appeal to the superior court from an officer, board or commission is provided by law, but the manner of taking...
- § 12-126 Seal; Affixing Of Seal
A. The superior court shall have a seal which shall be the vignette of Abraham Lincoln with the words " seal of the superior...
- § 12-127 Days For Transaction Of Business; Exceptions
A. The superior court shall at all times be open for transaction of business except on nonjudicial days. The superior court shall not transact...
- § 12-128 Salary Of Judges; Payment By State And Counties
Judges of the superior court shall each receive an annual salary pursuant to section 41-1904, which is payable one-half by this state and one-half...
- § 12-128.01 Receipt Of Salary By Judges And Commissioners; Affidavit; Pending And Undetermined Causes; Violation; Classification
A. A superior court judge or commissioner shall not receive his salary unless such judge or commissioner either certifies that no cause before such...
- § 12-129 Expenses Of Judge Sitting In Other County Or Supreme Court
A. When a judge of the superior court in any county is called into another county by the superior judge thereof, or by the...
- § 12-130 Place Of Holding Court; Accommodations
A. The regular sessions of the superior court shall be held at the county seat and at such other places within the county authorized...
- § 12-131 Commission On Trial Court Appointments; Notification; Appointment Of Nonattorney Member; Time Limits
A. At least ninety days before a term of a nonattorney member on a commission on trial court appointments expires the commission shall notify...
- § 12-132 Regional Mental Health Courts; Establishment; Authority To Adjudicate
A. In counties that have a population of less than two hundred fifty thousand persons the presiding judges of the superior court may agree...
- § 12-133 Arbitration Of Claims; Agreement Of Reference; Arbitration Award; Powers Of Arbitrators; Compensation Of Arbitrators; Appeals; Deposits; Costs
A. The superior court, by rule of court, shall do both of the following: 1. Establish jurisdictional limits of not to exceed sixty-five thousand...
- § 12-134 Mediation; Fee
A. A court may refer cases to mediation and other alternative dispute resolution procedures to promote the resolution of cases filed in the court....
- § 12-135 Alternative Dispute Resolution Fund
A. The alternative dispute resolution fund is established consisting of monies deposited in the fund pursuant to section 12-284.03, subsection A, paragraph 5, section...
- § 12-135.01 Local Alternative Dispute Resolution Fund; Report
A. If an alternative dispute resolution fee is established pursuant to section 12-134, the county treasurer shall establish a local alternative dispute resolution fund....
- § 12-136 Indian Tribal Courts; Involuntary Commitment Orders; Recognition
A. Notwithstanding any law to the contrary, an involuntary commitment order of an Arizona tribal court filed with the clerk of the superior court...
Article 3 Judges Pro Tempore
Article 4 Tax Court
- § 12-161 Definition Of Tax Court
A. In this chapter, unless the context otherwise requires, " tax court" means the tax department of the superior court in Maricopa county when...
- § 12-162 Administration Of The Tax Court; Principal Office; Travel Expenses; Facilities; Employees
A. The tax court is under the administrative supervision of the presiding judge of the superior court in Maricopa county, who shall establish the...
- § 12-163 Assignment To Tax Court
A. Except as provided in subsection B of this section, if it appears from the pleadings or other pleadings filed with the superior court...
- § 12-164 Qualifications And Assignment Of Tax Judge; Qualifications And Appointments Of Judges Pro Tempore And Commissioners Assigned To The Tax Court
A. A judge of the tax court shall be a superior court judge who has been duly selected as provided by law and assigned...
- § 12-165 Venue; Change Of Judge
A. All actions involving disputes arising under the jurisdiction of the tax court shall be brought in the superior court in Maricopa county. B....
- § 12-166 Commencement Of Proceedings
Except as provided in this article, proceedings in the tax court shall be governed by the rules of civil procedure in the superior court.
- § 12-167 Filing Fees; Filing By Mail
A. Except as provided in subsection B of this section, the filing and appearance fees in the tax court are the same as the...
- § 12-168 Proceedings
A. Proceedings before the court are original, independent proceedings and shall be tried de novo. B. If an action is an appeal from an...
- § 12-169 Rules Of Procedure; Reporting
A. The superior court in Maricopa county may adopt rules of procedure and practice for the tax court if supplemental rules to the existing...
- § 12-170 Decisions; Judgment; Appeal
A. The tax court, except when it is sitting as a small claims tax court, shall render its decision in writing and, on its...
- § 12-171 Publication Of Decisions
Decisions of the tax court that the court finds are of general public interest, other than decisions relating to ad valorem property tax, shall...
- § 12-172 Small Claims Procedures; Election; Judge
A. A taxpayer may elect to use simplified, small claims procedures in the following cases: 1. Disputes concerning the valuation or classification of property...
- § 12-173 Notice; Dismissal; Removal
A. After the taxpayer makes an election to use small claims procedures, the applicable state or local taxing authority shall be notified and provided...
- § 12-174 Hearing; Representation; No Appeal Right
A. A small claims hearing shall be informal and the judge or commissioner may hear any testimony and receive any evidence necessary for a...
Chapter 2 JUDICIAL OFFICERS AND EMPLOYEES
Article 1 Clerk of the Supreme Court
- § 12-201 Oath; Office; Deputies
A. The clerk of the supreme court shall, before entering on the duties of his office, take the oath of office. B. The clerk...
- § 12-202 Duties; Record Of Proceedings; Certified Copies
A. The clerk shall: 1. Attend sessions of the court. 2. Issue writs and processes of the court. 3. Enter, under the direction of...
- § 12-202.01 Preservation And Destruction Of Records
A. The clerk of the supreme court may destroy or provide for the destruction of all documents, records, instruments, books, papers, depositions, exhibits and...
- § 12-203 Salary Of Clerk And Deputy; Administrative Director
The clerk of the supreme court, the deputy clerk and the administrative director of the supreme court shall receive compensation as determined pursuant to...
Article 2 Court Commissioner
Article 3 Court Reporter
Article 4 Bailiff
- § 12-231 Appointment And Duties
Each judge of the superior court may appoint such bailiffs as necessary to insure orderly transaction of the business of the court. The appointing...
Article 5 Interpreter
Article 6 Adult Probation Officer
Article 6.1 Adult Surveillance Officers
Article 7 State Aid for Probation Services
Article 8 Clerk of Superior Court
Article 10 Family Law Referee
Article 11 Community Punishment Program
Chapter 3 FEES AND COSTS
Article 1 Fees in General
- § 12-301 Time Of Payment Of Fees; Effect Of Failure To Collect; Alternative Payment Methods
A. All fees are payable at the time the service is rendered, unless otherwise provided by law. An officer may refuse to perform any...
- § 12-302 Extension Of Time For Payment Of Fees And Costs; Relief From Default For Nonpayment; Deferral Or Waiver Of Court Fees And Costs; Definitions
(L14, Ch. 215, sec. 19. Eff. until 1/1/16) A. The court or any judge may for good cause shown extend the time for paying...
- § 12-302; Version 2 Extension Of Time For Payment Of Fees And Costs; Relief From Default For Nonpayment; Deferral Or Waiver Of Court Fees And Costs; Definitions
(L15, Ch. 61, sec. 1. Eff. 1/1/16) A. The court or any judge may for good cause shown extend the time for paying any...
- § 12-303 Witness Fees And Mileage
A material witness attending the trial of a civil action shall be paid twelve dollars for each day's attendance to and including the time...
- § 12-304 Exemption Of State, County, City, Town Or Political Subdivision Of A County From Court Fees
No court fees shall be charged: 1. The state, a county, a city, a town or a political subdivision of a county. 2. A...
- § 12-305 County Law Library Fund
A. A county law library fund is established in each county consisting of monies received pursuant to section 12-284.03, subsection A, paragraph 4 and...
Article 2 Fees in the Superior Court
Article 3 Fees in the Supreme Court
Article 4 Costs Defined
Article 5 Recovery of Costs
- § 12-341 Recovery Of Costs
The successful party to a civil action shall recover from his adversary all costs expended or incurred therein unless otherwise provided by law.
- § 12-341.01 Recovery Of Attorney Fees
A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If...
- § 12-341.02 Recovery Of Legal Document Preparation Fees
The court may award to the prevailing party the cost of document preparation if prepared by a legal document preparer who is certified by...
- § 12-342 Costs On Appeal
A. On an appeal by the party against whom judgment was given in the court below, if the judgment of the appellate court is...
- § 12-343 Costs Of New Trial, Arrest Of Judgment Or Insufficient Pleadings
A. The costs of a new trial may either abide the result of the action or may be taxed against the party to whom...
- § 12-344 Costs Upon Splitting Of Action
Where a plaintiff brings in the same court several actions against the same defendant for claims which should have been joined, he shall recover...
- § 12-345 Exemption Of State, County, City, Town Or Political Subdivision Of A County From Court Fees
No court costs shall be charged: 1. The state, a county, a city, a town or a political subdivision of a county. 2. A...
- § 12-346 Statement Of Costs; Service And Objections
A. The party in whose favor judgment is rendered and who claims costs shall file a verified statement of his costs and serve a...
- § 12-347 Inclusion Of Costs And Interest In Judgment
The clerk of the court shall include in the judgment entered by him the costs and interest on the verdict from the time it...
- § 12-348 Award Of Fees And Other Expenses Against The State Or A City, Town Or County; Reduction Or Denial Of Award; Application; Basis For Amount Of Award; Source Of Award; Definitions
A. In addition to any costs that are awarded as prescribed by statute, a court shall award fees and other expenses to any party...
- § 12-348.01 Recovery Of Attorney Fees; Governmental Entities
Notwithstanding section 12-348, in addition to any costs that are awarded by statute, if an agency, department, board or commission of this state, a...
- § 12-349 Unjustified Actions; Attorney Fees, Expenses And Double Damages; Exceptions; Definition
A. Except as otherwise provided by and not inconsistent with another statute, in any civil action commenced or appealed in a court of record...
- § 12-350 Determination Of Award; Reasons; Factors
In awarding attorney fees pursuant to section 12-349, the court shall set forth the specific reasons for the award and may include the following...
- § 12-351 Costs Of Compliance With Subpoena For Production Of Documentary Evidence; Payment By Requesting Party; Definitions
A. All reasonable costs incurred in a civil action by a witness who is not a party to the action with respect to the...
- § 12-352 Medical Malpractice Judgments; Payment Of Interest; Definition
A. Notwithstanding any law to the contrary, in a contested action arising out of a medical malpractice claim the court shall award the payment...
Chapter 4 VENUE AND CHANGE OF VENUE OR JUDGE
Article 1 In General
- § 12-401 Venue
No person shall be sued out of the county in which such person resides, except: 1. When a defendant or all of several defendants...
- § 12-402 Venue Of Actions Commenced After Organization Of New County
All actions and proceedings, civil and criminal, commenced after the organization of a new county or a county with changed boundaries, shall be begun...
- § 12-403 Transfer Of Action To New County
All actions and proceedings, civil and criminal, pending at the time of the organization of a new county or the changing of county boundaries,...
- § 12-404 Action Brought In Wrong County; Jurisdiction; Application For Transfer; Hearing
A. If an action is not brought in the proper county, the court shall nevertheless have jurisdiction and may hear and determine the action...
- § 12-405 Change Of Venue By Consent
A superior court may, upon written consent of the parties or their attorneys filed in an action, by an order entered on the minutes,...
- § 12-406 Change Of Venue For Cause; Grounds; Bond; Appeal
A. If either party to a civil action pending in the superior court, after answer has been filed, files an affidavit in the action...
- § 12-407 Order For Change Of Venue; Transmittal Of Papers; Payment Of Fees And Costs; Effect Of Failure To Pay
A. If a change of venue is ordered, the court shall transfer the action to the most convenient adjoining county, unless the parties agree...
- § 12-408 Procedure For Change Of Venue When County Is A Party
A. In a civil action pending in the superior court in a county where the county is a party, the opposite party is entitled...
- § 12-409 Change Of Judge; Grounds; Affidavit
A. If either party to a civil action in a superior court files an affidavit alleging any of the grounds specified in subsection B,...
- § 12-410 Punishment For Contempt For Filing Affidavit For Change Of Judge Prohibited
No judge or court shall punish for contempt any one making, filing or presenting the affidavit provided for by section 12-409, or any motion...
- § 12-411 Limitation On Changes Of Venue Or Judge; Selection Of County Or Judge
A. Not more than one change of venue or one change of judge may be granted in any action, but each party shall be...
Chapter 5 LIMITATIONS OF ACTIONS
Article 1 General Provisions
Article 2 Real Actions
- § 12-521 Definitions
A. In this article, unless the context otherwise requires: 1. " Adverse possession" means an actual and visible appropriation of the land, commenced and...
- § 12-522 Real Property Claimed Only By Right Of Possession; Two Year Limitation
When a party in possession claims real property by right of possession only, actions to recover possession from him shall be commenced within two...
- § 12-523 Real Property In Adverse Possession Under Title Or Color Of Title; Three Year Limitation
A. An action to recover real property from a person in peaceable and adverse possession under title or color of title shall be commenced...
- § 12-524 City Lot Claimed Under Recorded Deed; Five Year Limitation
An action to recover a lot located in a city or town from a person having a recorded deed therefor, who claims ownership and...
- § 12-525 Real Property In Adverse Possession And Use Under Duly Recorded Deed With Possessor Paying Taxes; Five Year Limitation; Exception
A. An action to recover real property from a person in peaceable and adverse possession, and cultivating, using or enjoying the property, and paying...
- § 12-526 Real Property In Adverse Possession And Use By Possessor; Ten Year Limitation; Limit Of Area; Fixing Of Boundaries Under Duly Recorded Memorandum Of Title
A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceable and adverse...
- § 12-527 Effect Of Limitation On Title
When an action for recovery of real property is barred by any provision of this article, the person who pleads and is entitled to...
- § 12-528 Persons Under Disability
A. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to...
- § 12-529 Defenses Available For Certain Actions By The State Or Person Claiming Through The State
Any action brought by this state or any person claiming through this state for lands, or for the rents or profits from lands, based...
- § 12-530 Home Inspector Liability; Four Year Limitation
A homeowner who has a cause of action for damages against a home inspector who is certified pursuant to title 32, chapter 1 shall...
Article 3 Personal Actions
- § 12-541 Malicious Prosecution; False Imprisonment; Libel Or Slander; Seduction Or Breach Of Promise Of Marriage; Breach Of Employment Contract; Wrongful Termination; Liability Created By Statute; One Year Limitation
There shall be commenced and prosecuted within one year after the cause of action accrues, and not afterward, the following actions: 1. For malicious...
- § 12-542 Injury To Person; Injury When Death Ensues; Injury To Property; Conversion Of Property; Forcible Entry And Forcible Detainer; Two Year Limitation
Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward,...
- § 12-543 Oral Debt; Stated Or Open Account; Relief On Ground Of Fraud Or Mistake; Three Year Limitation
There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions: 1. For debt...
- § 12-544 Bond To Convey Realty; Partnership Account; Account Between Merchants; Judgment Or Instrument Given Or Made Without The State; Four Year Limitation
There shall be commenced and prosecuted within four years after the cause of action accrues, and not afterward, the following actions: 1. For the...
- § 12-545 Bond Of Personal Representative Or Guardian; Four Year Limitation
An action on the bond of an executor, administrator or guardian shall be commenced and prosecuted within four years after the death, resignation, removal...
- § 12-546 Specific Performance Of Contract To Convey Realty; Four Year Limitation
An action for specific performance of a contract for the conveyance of real property shall be commenced within four years after the cause of...
- § 12-547 Failure To Make Return On Execution; Five Year Limitation
When execution has issued and no return is made thereon, the party in whose favor the execution was issued may proceed against the sheriff...
- § 12-548 Contract In Writing For Debt; Six Year Limitation; Choice Of Law
A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the...
- § 12-549 Foreign Judgment
An action upon a judgment or decree rendered in another state or foreign country shall be barred if by the laws of such state...
- § 12-550 General Limitation
Actions other than for recovery of real property for which no limitation is otherwise prescribed shall be brought within four years after the cause...
- § 12-551 Product Liability
A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no...
- § 12-552 Actions Involving Development Of Real Property Design, Engineering And Construction Of Improvements
A. Notwithstanding any other statute, no action or arbitration based in contract may be instituted or maintained against a person who develops or develops...
- § 12-553 Limited Liability Of Equine Owners And Owners Of Equine Facilities; Exception; Definitions
A. An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine...
- § 12-554 Limited Liability; Baseball Facilities; Definitions
A. An owner is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during...
- § 12-555 Uninsured And Underinsured Motorist Coverage; Claims; Time Limits
A. An insurer is not liable for uninsured motorist coverage benefits unless the person making the claim gives written notice to the insurer of...
- § 12-556 Limited Liability; Closed‑course Motor Sport Facility Owners, Lessors And Operators; Definitions
A. A person who operates a closed-course motor sport facility may require a nongeneral spectator to sign a motor sport liability release form as...
- § 12-557 Possessors Of Land; Limited Liability For Trespasser Harm
A. A possessor of real property, including an owner, easement holder, lessee, renter or other occupant, does not owe a duty of care to...
- § 12-558 Liability Release Agreement; Space Flight Activities; Definitions
A. A space flight entity may enter into a liability release agreement with a space flight participant to limit the entity's civil liability for...
- § 12-558.01 Actions Related To The Lawful Discharge Of A Firearm; Burden Of Proof; Attorney Fees And Costs
A. Notwithstanding any other law, the otherwise lawful discharge of a firearm or air gun or the use of archery equipment may not be...
Article 4 Successor Asbestos-Related Liability
- § 12-559 Definitions
In this article, unless the context otherwise requires: 1. " Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution...
- § 12-559.01 Asbestos‑related Actions; Successor Corporation Liability; Applicability
A. Except as provided in subsection B of this section, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair...
- § 12-559.02 Establishing The Fair Market Value Of Total Gross Assets
A. To determine the limitation pursuant to section 12-559.01, a successor corporation may establish the fair market value of total gross assets through any...
- § 12-559.03 Adjustment Of The Fair Market Value Of Total Gross Assets
A. Except as provided in subsections B, C and D of this section, the fair market value of total gross assets at the time...
Chapter 5 ACTIONS RELATING TO HEALTH CARE
Article 1 General Provisions
- § 12-561 Definitions
In this chapter, unless the context otherwise requires: 1. " Licensed health care provider" means both: (a) A person, corporation or institution licensed or...
- § 12-562 Medical Malpractice Actions; Grounds
A. A medical malpractice action shall not be brought against a licensed health care provider except upon the grounds set forth in section 12-561....
- § 12-563 Necessary Elements Of Proof
Both of the following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the...
- § 12-564 Qualified Immunity; Students; Duty Of Care
A. A student who is in an educational or training program of a certified, accredited or state approved postsecondary institution that prepares students for...
- § 12-565 Health Care Actions; Collateral Source Evidence
A. In any medical malpractice action against a licensed health care provider, the defendant may introduce evidence of any amount or other benefit which...
- § 12-566 Health Care Actions; Complaint; Specific Amount Of Damages Not To Be Stated
In any medical malpractice action against a licensed health care provider, no dollar amount or figure shall be included in the complaint, but the...
- § 12-568 Review Of Attorneys' Fees In Health Care Actions; Guidelines
A. The court shall, at the request of any party in any action under this chapter, determine the reasonableness of each party's attorneys' fees....
- § 12-569 Non-Admissibility Of Certain Types Of Evidence Relating To Professional Liability Insurance
During the trial of a medical malpractice action against a licensed health care provider or during the course of any hearing or review conducted...
- § 12-570 Malpractice Settlement Or Award Reporting; Civil Penalty; Definition
A. If a medical malpractice action or an action brought under section 46-455 against a nursing care institution is settled or a court enters...
- § 12-571 Qualified Immunity; Health Professionals; Nonprofit Clinics; Previously Owned Prescription Eyeglasses
A. A health professional as defined in section 32-3201 or a health professional who meets the requirements of section 32-3217 and who provides medical,...
- § 12-572 Burden Of Proof For Treatment In Emergency Departments Or Rendered By On-Call Providers
A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a health professional as defined in section...
- § 12-573 Limited Liability For Treatment Related To Delivery Of Infants; Exception; Definition
A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a physician licensed to practice pursuant to...
Article 2 Periodic Payments
- § 12-581 Definitions
In this article, unless the context otherwise requires: 1. " Bodily injury" means bodily harm, sickness, disease or emotional or mental distress, including death...
- § 12-582 Election Of Periodic Payments
A. This article applies to any trial involving a claim for future damages arising out of a medical malpractice action. Any party may elect...
- § 12-583 Good Cause Hearing
A. In a hearing held to determine whether good cause exists not to try a claim under this article, the court shall consider the...
- § 12-584 Special Findings; Future Damages
A. If liability is found in a trial conducted under this article, the trier of fact shall make separate findings for each claimant specifying...
- § 12-585 Evidence Of Future Damages
A. The calculation for all future economic damages shall reflect future changes in earning power or the purchasing power of the dollar. Future damages...
- § 12-586 Entering A Judgment For Future Damages
A. If special findings for future damages are made, the court shall enter judgment pursuant to the following procedures: 1. The court shall apply...
- § 12-587 Funding Judgments For Periodic Installments
A. Each party liable for all or a portion of a judgment containing periodic installments shall provide funding, separately or jointly, for the unpaid...
- § 12-588 Form Of Funding
A. Funding authorized or required for payment of a judgment for periodic installments shall be approved by the court as sufficient to guarantee financial...
- § 12-589 Discounting Future Damages To Present Value
A. If future damages are ordered to be paid in advance of the period to which they apply, the court shall compute the present...
- § 12-590 Effect Of Death On Periodic Installments
A. The liability for payment of periodic installments for costs of health care not yet due at the death of the person entitled to...
- § 12-591 Assignment Of Periodic Installments
An assignment of or an agreement to assign any right to periodic installments for future damages is not enforceable except for: 1. The payment...
- § 12-592 Exemption Of Benefits
Periodic installments for future damages for loss of earnings or loss of support for beneficiaries of a judgment entered in a wrongful death action...
- § 12-593 Duties Of The Director Of The Department Of Insurance And Insurance Companies
A. The director of the department of insurance shall adopt rules: 1. For determining which insurers and assignees are financially qualified to provide and...
- § 12-594 Arbitration And Settlement Agreements
A. This article also applies to claims for bodily injury arising out of medical malpractice that are subject to arbitration either by law or...
Chapter 6 SPECIAL ACTIONS AND PROCEEDINGS BY INDIVIDUAL PERSONS
Article 1 Change of Name
Article 2 Death by Wrongful Act
Article 3 Establishing Identity
Article 4 Motor Vehicle Subleasing
Article 5 Injury to Child or Ward
Article 6 Libel, Slander, and Invasion of Privacy
Article 6.1 Libel and Slander Correction and Resulting Damages
Article 7 Torts of Minors
Article 8 Insufficient Funds Check
Article 9 Product Liability
- § 12-681 Definitions
In this article, unless the context otherwise requires: 1. " Defective and unreasonably dangerous" does not include a food product that is otherwise fit...
- § 12-682 Limitation
The previously existing common law of products liability is modified only to the extent specifically stated in this article and section 12-551.
- § 12-683 Affirmative Defenses
In any product liability action, a defendant shall not be liable if the defendant proves that any of the following applies: 1. The defect...
- § 12-684 Indemnification; Tender Of Defense; Execution
A. In any product liability action where the manufacturer refuses to accept a tender of defense from the seller, the manufacturer shall indemnify the...
- § 12-685 Contents Of Complaint; Amount Of Recovery
In any product liability action no dollar amount or figure shall be included in the complaint. The complaint shall pray for such damages as...
- § 12-686 Inadmissible Evidence
In any product liability action, the following shall not be admissible as direct evidence of a defect: 1. Evidence of advancements or changes in...
- § 12-687 Reasonable Remedial Measures; Cause Of Action; Punitive Damages
If a person or entity conducts a product safety analysis or review and, as a result, takes reasonable remedial measures, the following shall apply...
- § 12-688 Duty To Warn; Food Products
There is no duty to warn a purchaser, user or consumer or any other person, regardless of age, that the consumption of a food...
- § 12-689 Exemption From Punitive Or Exemplary Damages; Applicability; Definitions
A. A manufacturer, service provider or seller is not liable for exemplary or punitive damages if any of the following applies: 1. The product...
Article 10 Shoplifting
Article 11 Drug and Pharmaceuticals
Article 12 Miscellaneous
- § 12-711 Affirmative Defense; Limitation
In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the claimant or, if the...
- § 12-712 Affirmative Defense; Limitation; Criminal Act
A. In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the claimant or, if...
- § 12-713 Providers Of Emergency Services; Civil Liability
In the provision of 911 services, a person, a provider as defined in section 42-5251 or a public entity or any employee of the...
- § 12-714 Actions Against Firearm Manufacturers; Prohibition; Findings; Definitions
A. A political subdivision of this state shall not commence a qualified civil liability action in any Arizona court. B. The legislature finds that:...
- § 12-715 Donation Of Fire Or Emergency Medical Services Equipment; Exemption From Civil Liability; Definition
A. A person, a public entity or any other legal entity that makes a good faith donation of used or excess fire control, fire...
- § 12-716 Injury During Criminal Acts; Civil Actions; Presumptions; Definitions
A. If the court finds by a preponderance of the evidence that a plaintiff is harmed while the plaintiff is attempting to commit, committing...
- § 12-717 Liquefied Petroleum Gas Provider; Liability; Definitions
A. In any civil action against a liquefied petroleum gas provider for civil or other damages, the liquefied petroleum gas provider is liable only...
- § 12-718 Emergency Aid Involving Liquefied Petroleum Gas; Exemption From Civil Liability
A. A person who has knowledge and training in the storage, handling, transportation, operation and utilization of liquefied petroleum gas is not liable in...
- § 12-719 Civil Liability; Wrongful Birth Or Life Claims; Applicability
A. A person is not liable for damages in any civil action for wrongful birth based on a claim that, but for an act...
Article 13 Interception or Disclosure of Wire, Oral or Electronic Communications
- § 12-731 Recovery Of Civil Damages
A. Except as provided in title 13, chapter 30, any person whose wire, oral or electronic communication is intentionally intercepted, disclosed or used in...
Article 14 Liability for Year 2000 Date Failures
Article 15 Public Participation in Government
Article 16 Right of Publicity
Article 17 Declaration of Innocence
Article 18 Firearms Storage and Transportation
Article 19 Asbestos Exposure Related Personal Injury Claims
Chapter 7 SPECIAL ACTIONS AND PROCEEDINGS IN WHICH THE STATE IS A PARTY
Article 1 Abatement of Bawdy Houses
- § 12-801 General Definitions
In this article, unless the context otherwise requires: 1. " Person" means individuals, corporations, associations, partnerships, trustees, lessees, agents and assignees. 2. " Building"...
- § 12-802 Abatement Of Certain Nuisances
Every building or place used for the purpose of lewdness, assignation or prostitution and every building or place wherein or upon which acts of...
- § 12-803 Parties And Scope Of Action
If there is reason to believe that a nuisance as defined in section 12-802 is kept, maintained or exists in any county or city...
- § 12-804 Temporary Injunction; Affidavit And Verified Complaint
A. If existence of a nuisance as defined in section 12-802 is shown in the action to the satisfaction of the court or judge...
- § 12-805 Precedence Of Action; Reputation Of Place As Evidence; Dismissal; Substitution Of Plaintiffs; Costs
A. When the action described in section 12-803 is filed, it shall have precedence over all actions except criminal proceedings, election contests and hearings...
- § 12-806 Order Of Abatement; Custody Of Building; Fees For Closing Of Premises And Sale Of Movable Property
A. If the existence of the nuisance is established in an action as provided in this article, an order of abatement shall be entered...
- § 12-807 Application Of Proceeds Of Sale; Sale Of Building To Make Up Deficiency
A. The proceeds of sale of the property shall be applied in the following order: 1. To the fees and costs of the removal...
- § 12-808 Release Of Property; Bond And Conditions; Exception
A. If the owner of the building or place has not been guilty of contempt of court in the proceedings, and appears and pays...
- § 12-809 Contempt Fine As Lien On Premises; Execution
When an act or acts constituting a contempt have been committed upon a place or building and the owner of an interest therein has...
- § 12-810 Violation As Contempt; Classification
A violation or disobedience of either an injunction or order expressly provided for by this article shall be punished as a class 2 misdemeanor.
Article 1.1 Obscene Movie and Obscene Pictorial Publication Abatement
- § 12-811 Definitions
In this article, unless the context otherwise requires: 1. " Motion picture film" means any film or plate negative, film or plate positive, film...
- § 12-812 Nuisance
A. Any person who maintains, establishes or conducts a nuisance, or aids or abets therein, and the agent or lessee of any interest in...
- § 12-813 Abatement Of Nuisance
If a nuisance exists, the attorney general, the county attorney of the county in which such nuisance exists or the city attorney of the...
- § 12-814 Procedure In Injunction Action
A. An action instituted pursuant to section 12-813 shall be brought in the superior court of the county in which the property is located....
- § 12-815 Priority Of Action; Evidence; Costs
A. An action instituted pursuant to this article shall have precedence over all other cases except criminal actions, election contests, injunctions, habeas corpus proceedings,...
- § 12-816 Content Of Judgment And Order
If the existence of a nuisance is admitted or established in an action pursuant to this article, an order of abatement shall be entered...
- § 12-817 Civil Penalty; Forfeiture; Accounting
A. Obscene motion picture films and obscene pictorial publications pursuant to this article are contraband and are not subject to any property rights. B....
- § 12-818 Petition By Commercial Operators Or Qualified Electors For Action
If the attorney general, a county attorney or a city attorney receives a petition alleging the existence of a nuisance subject to the provisions...
Article 2 Actions Against Public Entities or Public Employees
- § 12-820 Definitions
In this article, unless the context otherwise requires: 1. " Employee" includes an officer, director, employee or servant, whether or not compensated or part...
- § 12-820.01 Absolute Immunity
A. A public entity shall not be liable for acts and omissions of its employees constituting either of the following: 1. The exercise of...
- § 12-820.02 Qualified Immunity
A. Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent, neither a...
- § 12-820.03 Affirmative Defense
Neither a public entity nor a public employee is liable for an injury arising out of a plan or design for construction or maintenance...
- § 12-820.04 Punitive And Exemplary Damages; Immunity
Neither a public entity nor a public employee acting within the scope of his employment is liable for punitive or exemplary damages.
- § 12-820.05 Other Immunities
A. Except as specifically provided in this article, this article shall not be construed to affect, alter or otherwise modify any other rules of...
- § 12-820.08 Potable Water Systems; Standard Of Care
With regard to actions for personal injury arising out of the use or consumption of water, water shall be deemed reasonably safe and fit...
- § 12-820.09 Transportation, Distribution Or Use Of Remediated Water; Definitions
A. For a personal injury or property damage action that arises out of the transportation, distribution or use of remediated water, remediated water is...
- § 12-821 General Limitation; Public Employee
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
- § 12-821.01 Authorization Of Claim Against Public Entity, Public School Or Public Employee
A. Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized...
- § 12-822 Change Of Venue
A. Service of summons in an action against any public entity or public employee involving acts that are alleged to have occurred within the...
- § 12-823 Judgment For Plaintiff; Amount; Interest And Costs
If judgment is rendered for the plaintiff, it shall be for the amount actually due from the public entity to the plaintiff, with legal...
- § 12-826 Report Of Judgments To Legislature By Governor; Payment
A. The governor shall report to the legislature at each session judgments rendered against the state, and not theretofore reported. B. The director of...
Article 4 Contempt of Court
Article 5 Escheat
Article 6 Judicial Review of Administrative Decisions
- § 12-901 Definitions
In this article, unless the context otherwise requires: 1. " Administrative agency" or " agency" means every agency, board, commission, department or officer authorized...
- § 12-902 Scope Of Article
A. This article applies to and governs: 1. Every action to judicially review a final decision of an administrative agency except public welfare decisions...
- § 12-903 Power Of Supreme Court To Make Procedural Rules
The supreme court may make rules of pleading, practice and procedure supplementary to but not inconsistent with the provisions of this article, and to...
- § 12-904 Commencement Of Action; Transmission Of Record
A. An action to review a final administrative decision shall be commenced by filing a notice of appeal within thirty-five days from the date...
- § 12-905 Jurisdiction And Venue
A. Jurisdiction to review final administrative decisions is vested in the superior court. B. If the venue of the action to review a final...
- § 12-906 Service Of Process
In an action to review the decision of an administrative agency, a copy of the notice of appeal shall be served pursuant to rule...
- § 12-907 Appearance Of Parties To The Appeal
Within twenty days after service of the notice of appeal, the appellee agency and all other appellees shall file a notice of appearance in...
- § 12-908 Parties
A. In an action to review a final decision of an administrative agency, the agency and all persons, other than the appellant, who are...
- § 12-909 Pleadings And Record On Review
A. The notice of appeal shall contain a statement of the findings and decision or part of the findings and decision sought to be...
- § 12-910 Scope Of Review
A. An action to review a final administrative decision shall be heard and determined with convenient speed. If requested by a party to an...
- § 12-911 Powers Of Superior Court
A. The superior court may: 1. With or without bond, unless required by the statute under authority of which the administrative decision was entered,...
- § 12-912 Costs
Costs may be awarded to the appellee agency if a judgment adverse to the appellant is rendered. Such costs may be awarded in an...
- § 12-913 Appellate Review
The final decision, order, judgment or decree of the superior court entered in an action to review a decision of an administrative agency may...
- § 12-914 Rules Of Procedure
A. Where applicable, the rules of procedure for judicial review of administrative decisions in superior courts, including rules relating to appeals to the supreme...
Article 6.1 Right of Intervention
Article 7 Stay of Proceedings Under Statute or Order Claimed Unconstitutional
Article 8 Unclaimed Property in Hands of Public Agency
- § 12-940 Definitions
In this article, unless the context otherwise requires: 1. " Dispose" means the transfer of property by its return to the owner, sale, conversion...
- § 12-941 Disposal Of Certain Unclaimed Property In The Custody Of A State, County, City Or Town Agency
A. A state, county, city or town agency shall dispose of all property that was used as evidence and that remains unclaimed in the...
- § 12-942 Disposal Of Property Unclaimed For Thirty Days
A. If property described in section 12-941 is not claimed and taken away by the owner within thirty days after the time it has...
- § 12-943 Authorized Dispositions
All property that is described in section 12-941 and that is in the possession of a state, county, city or town agency may only...
- § 12-944 Owner Receipt; Publication Of Property Valued At More Than One Hundred Fifty Dollars
A. If an agency takes any property from a person, the agency shall provide the person with a detailed receipt for the property. The...
- § 12-945 Sale Of Property
A. If after thirty days' notice has been given the owner or person entitled to the property has not taken it away, the property...
Article 9 Medical Care Cost Recovery
- § 12-961 Definitions
In this article, unless the context otherwise requires: 1. " Medical care and treatment" includes hospital, medical, psychological, surgical and dental care, ambulance services,...
- § 12-962 Recovery Of Cost Of Medical Care
A. If this state or any of its political subdivisions provides medical care and treatment to a person who is injured or suffers from...
- § 12-963 Compromise Or Waiver Of Claim
A. This state or any of its political subdivisions required by law to furnish medical care and treatment may either: 1. Compromise, or settle...
- § 12-964 Limitation
This article does not affect any other provision of law providing for recovery by this state or any of its political subdivisions of the...
Article 10 Liability for Emergency Services
- § 12-971 Definitions
In this article, unless the context otherwise requires: 1. " Extraordinary emergency services" means: (a) The actual and related costs of additional police, fire...
- § 12-972 Liability For Emergency Services
A. A person is liable to this state or a political subdivision of this state for extraordinary emergency services which are reasonably required as...
Article 11 Actions Against Volunteers
- § 12-981 Definitions
In this article, unless the context otherwise requires: 1. " Governmental entity" means a county, municipality, school district, chartered unit or subdivision, a governmental...
- § 12-982 Qualified Immunity; Insurance Coverage
A. A volunteer is immune from civil liability in any action based on an act or omission of a volunteer resulting in damage or...
Article 12 Abatement of Crime Property
- § 12-990 Definitions
In this article, unless the context otherwise requires: 1. " Clandestine drug laboratory" means real property on which methamphetamine, ecstasy or LSD is being...
- § 12-991 Nuisance; Applicability; Residential Property Used For Crime; Action To Abate And Prevent; Notice; Definitions
A. Residential property that is regularly used in the commission of a crime is a nuisance, and the criminal activity causing the nuisance shall...
- § 12-992 Residential Property Nuisances; Temporary Restraining Order; Notice; Hearing; Costs
A. If the existence of a nuisance on a residential property as described in section 12-991 is shown in the action to the satisfaction...
- § 12-993 Precedence Of Action; Resident Actions; Costs
A. An action that is filed pursuant to section 12-991 or 12-998 has precedence in the trial courts over all actions except juvenile proceedings,...
- § 12-994 Violation; Classification
A. A person who intentionally or knowingly violates or disobeys a temporary restraining order, a preliminary injunction, a permanent injunction or any other order...
- § 12-995 Recording Notice Of Action; Subsequent Acquisition Of Property
A. The plaintiff in an action brought pursuant to section 12-991 shall file a notice of the abatement action in the office of the...
- § 12-996 Appointment Of Temporary Receiver; Term; Duties; Accounting
A. In any judicial proceeding brought under sections 12-991 and 12-992, if the court determines that a nuisance exists and that the appointment of...
- § 12-997 Closing Orders; Enforcement; Notice; Moving Assistance; Violation; Classification
A. In any judicial proceeding brought under sections 12-991 and 12-992, the court, on its own motion or on the motion of any party,...
- § 12-998 Nuisance; Commercial Buildings Used For Crime; Action To Abate And Prevent
A. The use of a commercial building or place regularly used in the commission of a crime is a nuisance and the criminal activity...
- § 12-999 Commercial Property Nuisances; Temporary Restraining Order; Notice; Hearing
A. If the existence of a nuisance on commercial property as described in section 12-998 is shown in the action to the satisfaction of...
- § 12-1000 Clandestine Drug Laboratories; Notice; Cleanup; Residual Contamination; Civil Penalty; Immunity; Restitution; Violation; Classification
A. If a peace officer discovers a clandestine drug laboratory or arrests a person for having on any real property chemicals or equipment used...
Article 13 Liability for Animal Rescue Costs
Chapter 8 SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY
Article 1 Action to Quiet Title
Article 2 Eminent Domain
- § 12-1111 Purposes For Which Eminent Domain May Be Exercised
Subject to the provisions of this title, the right of eminent domain may be exercised by the state, a county, city, town, village, or...
- § 12-1112 Prerequisites To Taking Property By Condemnation
Except as provided by section 28-7102, before property may be taken, it shall appear that: 1. The use to which the property is to...
- § 12-1113 Estates In Land Subject To Condemnation
The interests, estates and rights in lands subject to be taken for public use, are: 1. A fee simple, when taken for public buildings...
- § 12-1114 Private Property Subject To Condemnation
Private property which may be taken includes: 1. All real property belonging to any person, including any and all water and water rights for...
- § 12-1114.01 Property Of The United States Subject To Condemnation; Duty Of Attorney General To File Action; Exclusions
A. Property that may be taken under this article includes property possessed by the United States government unless: 1. The property was acquired by...
- § 12-1115 Right Of State To Enter And Survey Property For Public Use
A. Where land is required for public use, the state, or its agents in charge of such use, may survey and locate the land,...
- § 12-1116 Actions For Condemnation; Immediate Possession; Money Deposit
A. All actions for condemnation shall be brought as other civil actions in the superior court in the county in which the property is...
- § 12-1117 Complaint
The complaint shall set forth: 1. The name of the person asserting the public use for which the property is sought, as plaintiff. 2....
- § 12-1118 Joint Or Separate Actions; Consolidation
A. All parcels lying in the county, and required for the same public use, may be included in the same or separate proceedings, at...
- § 12-1119 Summons; Contents; Service
A. The clerk shall issue a summons containing: 1. The names of the parties. 2. A general description of the whole property. 3. A...
- § 12-1120 Right To Defend Action
All persons occupying, or having or claiming an interest in any of the property described in the complaint, or in the damages for the...
- § 12-1121 Powers Of Court; Precedence
A. The court may determine and regulate the place and manner of making connections and crossings or of enjoying the common use mentioned in...
- § 12-1122 Ascertainment And Assessment Of Value, Damages And Benefits
A. The court or jury shall ascertain and assess: 1. The value of the property sought to be condemned and all improvements on the...
- § 12-1123 Accrual Of Right To Compensation And Damages; Limitation
A. For the purpose of assessing compensation and damages, the right to compensation and damages shall be deemed to accrue at the date of...
- § 12-1124 Payment Of Compensation; Effect Of Failure To Pay
Payment of compensation and damages may be made to a defendant or defendants entitled thereto, or the money may be deposited in court and...
- § 12-1125 Payment Of Damages In Proceedings By Railroad
A. If the property sought to be condemned is for a railroad, plaintiff shall, within thirty days after final judgment, pay the sum assessed,...
- § 12-1126 Final Order Of Condemnation; Recording; Vesting Of Property
A. When the final judgment has been satisfied and all unpaid property taxes which were levied as of the date of the order for...
- § 12-1127 Possession By Plaintiff After Judgment Or Pending Appeal; Receipt Of Payment As Abandonment; Custody Of Money Paid Into Court; Costs Of New Trial
A. At any time after judgment is entered, or pending an appeal from the judgment to the supreme court, when plaintiff has paid into...
- § 12-1128 Costs And Jury Fees
A. Costs may be allowed or not, and if allowed may be apportioned between the parties on the same or adverse sides, in the...
- § 12-1129 Dismissal Of Condemnation Action; Litigation Expenses
A. If a plaintiff causes a condemnation action under this article to be dismissed without prejudice before payment of the compensation and damages awarded...
- § 12-1130 Fees And Expenses; Appraisal; Relocation Benefits; Applicability
A. In a proposed condemnation action if an owner-occupant of a residential property disagrees with the offer and appraisal, the owner-occupant may obtain a...
Article 2.1 Private Property Rights Protection Act
Article 3 Eminent Domain for Public Works
- § 12-1141 Definitions
In this article, unless the context otherwise requires: 1. " Authorized corporation" means a corporation or association engaged or about to engage in a...
- § 12-1142 Agencies Qualified To Institute Proceedings; Jurisdiction Of Court; Right Of Plaintiff To Enter Upon Land
A. A federal agency, state public body or authorized corporation may institute condemnation proceedings under this article for acquisition of real property necessary for...
- § 12-1143 Complaint
A proceeding under this article may be instituted by filing a complaint which shall be sufficient if it sets forth: 1. The name of...
- § 12-1144 Inclusion Of Separate Parcels In Single Action
Any number of parcels of land, whether owned by the same or different persons and whether contiguous or not, may be included and condemned...
- § 12-1145 Notice Of Proceedings; Effect Of Filing Notice
A. Notice of the action shall be given by one publication in a newspaper having a general circulation in each county in which any...
- § 12-1146 Waiver Of Certain Rights By Persons In Interest; Determination Of Issues; Judgment On Issues; Appointment Of Guardian Ad Litem
A. All persons who have not filed written objections with the court prior to the time of the hearing specified in the notice prescribed...
- § 12-1147 Special Master; Duties; Qualifications; Compensation; Oath; Limitation Upon Powers
A. The court, at the time of the hearing, shall appoint a special master to fix the amount of damages and compensation for the...
- § 12-1148 Notice Of Hearing By Special Master
A. Immediately after being appointed and taking the oath, the special master shall send notice by registered mail to all persons who have appeared...
- § 12-1149 Hearing By Special Master
A. After notice by mailing and posting has been given as provided by section 12-1148, the special master, on the date for hearing specified...
- § 12-1150 Admissibility Of Certain Evidence Before Special Master; Effect Of Increased Property Value Upon Award
A. For the purpose of determining the value of the real property sought to be condemned and fixing just compensation therefor, the following evidence,...
- § 12-1151 Limitation On Time For Filing Report Of Special Master
The report of the special master shall be filed with the clerk of the court in which the action is pending within thirty days...
- § 12-1152 Notice Of Filing Report And Of Hearing Objections To Report; Waiver Of Right To Object
Upon filing the report by the special master, the court, without delay, shall fix a date for hearing objections filed thereto. Notice that the...
- § 12-1153 Final Judgment; Hearing Objections To Findings Or Report; Proceedings Upon Rejection Of Report; Vesting Of Property
A. If no objections are filed to the special master's report, the court, but only on motion of plaintiff unless title to the property...
- § 12-1154 Filing Certified Copy Of Judgment
A. Upon rendition of final judgment vesting title in plaintiff, the clerk of the court shall make and certify, under the seal of the...
- § 12-1155 Application By Plaintiff To Take Possession; Notice Of Hearing; Money Deposit; Bond In Lieu Of Deposit; Judgment For Deficiency
A. The plaintiff may at any time after determination of the issues as provided in section 12-1146, if the court at such time found...
- § 12-1156 Right To Dismiss
At any time prior to vesting title to the property in the plaintiff, the plaintiff may withdraw or dismiss the plaintiff's complaint with respect...
- § 12-1157 Effect Of Vesting Of Title
Upon vesting of title to any property in plaintiff, all the right, title and interest of all persons having an interest therein or lien...
- § 12-1158 Effect Of Payment Into Court; Security; Disbursement
A. The payment into court by plaintiff of the amount of the judgment, or the deposit in court of the amount fixed and determined...
- § 12-1159 Action To Recover Award Paid To Wrong Person
If an award is paid to a person not entitled thereto, the sole recourse of the person entitled to the award is against the...
- § 12-1160 Appeal; Stay Of Proceedings; Bond
A. Any time within thirty days from filing an interlocutory or final order or judgment by the court, any person or persons of record...
- § 12-1161 Costs
If plaintiff, prior to making the award, has tendered to an interested person for his real property, or deposited in court for the property,...
- § 12-1162 Supplemental Nature Of Article; Procedure
A. The powers conferred by this article shall be additional and supplemental to and not in substitution for the power conferred by any other...
Article 4 Forcible Entry and Detainer
- § 12-1171 Acts Which Constitute Forcible Entry Or Detainer
A person is guilty of forcible entry and detainer, or of forcible detainer, as the case may be, if he: 1. Makes an entry...
- § 12-1172 Definition Of Forcible Entry
A " forcible entry, " or an entry where entry is not given by law within the meaning of this article, is: 1. An...
- § 12-1173 Definition Of Forcible Detainer; Substitution Of Parties
There is a forcible detainer if: 1. A tenant at will or by sufferance or a tenant from month to month or a lesser...
- § 12-1173.01 Additional Definition Of Forcible Detainer
A. In addition to other persons enumerated in this article, a person in any of the following cases who retains possession of any land,...
- § 12-1174 Immateriality Of Time Possession Obtained By Tenant
It is not material whether a tenant received possession from his landlord or became his tenant after obtaining possession.
- § 12-1175 Complaint And Answer; Service And Return
A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the...
- § 12-1176 Demand For Jury; Trial Procedure
A. If a jury trial is requested by the plaintiff, the court shall grant the request. If the proceeding is in the superior court,...
- § 12-1177 Trial And Issue; Postponement Of Trial
A. On the trial of an action of forcible entry or forcible detainer, the only issue shall be the right of actual possession and...
- § 12-1178 Judgment; Writ Of Restitution; Limitation On Issuance; Criminal Violation; Notice
A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court shall give judgment for the plaintiff for...
- § 12-1179 Appeal To Superior Court; Notice; Bond
A. Either party may appeal from a justice court to the superior court in the county in which the judgment is given by giving...
- § 12-1180 Stay Of Proceedings On Judgment; Record On Appeal
When the appeal bond is filed and approved, the justice of the peace shall stay further proceedings on the judgment and immediately prepare a...
- § 12-1181 Trial And Judgment On Appeal; Writ Of Restitution
A. On trial of the action in the superior court, appellee, if out of possession and the right of possession is adjudged to him,...
- § 12-1182 Appeal To Supreme Court; Stay And Bond
A. In a forcible entry or forcible detainer action originally commenced in the superior court, an appeal may be taken to the supreme court...
- § 12-1183 Proceedings No Bar To Certain Actions
The proceedings under a forcible entry or forcible detainer shall not bar an action for trespass, damages, waste, rent or mesne profits.
Article 5 Lis Pendens
Article 6 Opening Private Way of Necessity
Article 7 Partition
Article 8 Receivership
Article 9 Recovery of Real Property
- § 12-1251 Right Of Recovery; Procedure
A. A person having a valid subsisting interest in real property and a right to immediate possession thereof may recover the property by action...
- § 12-1252 Title Of Plaintiff; Joint Owners; Proof
A. The plaintiff must recover on the strength of his own title. B. In an action by a tenant in common or joint tenant...
- § 12-1253 Defendant As Tenant; Substitution Of Landlord; Notice Of Action
A. If upon answer of defendant it appears that defendant claims only as a tenant, the answer shall also state the name and residence...
- § 12-1254 Survey; Order; Service Of Order
The court on motion and after notice to the opposite party may grant an order allowing the party applying therefor to enter upon the...
- § 12-1255 Verdict
A. The verdict may specify the extent and quantity of plaintiff's estate and the premises to which he is entitled by metes and bounds...
- § 12-1256 Damages; Limitation; Set‑off
A. If the interest of plaintiff expires before the time in which he may be put in possession, he shall obtain judgment for damages...
- § 12-1257 Liability Of Tenant
A tenant in possession in good faith, under a lease or license from another, is not liable beyond the rent in arrears at the...
- § 12-1258 Allegation Of Growing Crops; Stay Of Execution; Bond And Conditions
If defendant alleges that he has a crop sowed, planted or growing on the premises, the judge or jury, finding for plaintiff, and also...
- § 12-1259 Judgment For Plaintiff For Rental Value From Time Of Judgment To Delivery Of Possession
A. When plaintiff shows himself entitled to immediate possession of the premises, judgment shall be entered accordingly. B. The plaintiff may also, on motion...
Article 10 Recovery of Rent or for Use of Real Property
Article 11 Redemption
- § 12-1281 Parties Entitled To Redeem Property
Property sold subject to redemption, or any part sold separately, may be redeemed by the following persons or their successors in interest: 1. The...
- § 12-1282 Time For Redemption
A. The judgment debtor or his successors in interest may redeem at any time within thirty days after the date of the sale if...
- § 12-1283 Redemption Upon Foreclosure
A. In sales upon foreclosure of mortgages or other liens the same periods of redemption as provided in section 12-1282 shall be allowed. B....
- § 12-1284 Notice Of Redemption By Subsequent Lienholder
To entitle a subsequent lienholder to redeem he shall, within the applicable period of redemption as provided in section 12-1282, file with the county...
- § 12-1285 Amounts Payable Upon Redemption
A. In redeeming property the judgment debtor shall pay the amount of the purchase price with eight per cent added thereto, together with the...
- § 12-1286 Execution And Delivery Of Deed By Sheriff
A. At the expiration of all the applicable periods of redemption as provided in section 12-1282, and not sooner, upon receipt of the sheriff's...
- § 12-1287 Delivery And Service Of Papers By Redeeming Creditor
A. A redeeming creditor shall deliver to the officer or person from whom he seeks to redeem and serve with his notice to the...
- § 12-1288 Right To Rents And Profits; Accounting And Action
A. The purchaser, from the time of the sale until redemption, and a creditor from the time of his redemption until another redemption, is...
- § 12-1289 Restraint Of Waste During Redemption Period; Acts Not Constituting Waste
A. Until expiration of the time allowed for redemption, the court may with or without notice, on application of the purchaser or the judgment...
Article 12 Replevin
- § 12-1301 Affidavit To Obtain Possession
If a plaintiff claims in his complaint the possession of specific personal property, he may at any time after complying with the provisions of...
- § 12-1302 Order For Taking Property
After the provisions of chapter 14 of this title are complied with and upon filing of the affidavit prescribed in section 12-1301, the superior...
- § 12-1303 Bond; Amount And Conditions
The officer shall not take the property until plaintiff executes and delivers to him a bond payable to the defendant, in an amount not...
- § 12-1304 Execution Of Order For Delivery To Claimant; Redelivery Bond
The officer, after delivery to him of the bond provided in section 12-1303, shall take the property and deliver it to plaintiff unless the...
- § 12-1305 Filing Of Bonds
The bonds taken by the officer relating to the claim and delivery of personal property shall be filed with the clerk within five days...
- § 12-1306 Defect In Bond; Retaking Of Property
If it appears to the court at any time before trial that either of the bonds is not good and sufficient, it shall order...
- § 12-1307 Verdicts In Actions To Recover Specific Personal Property
In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or if the defendant...
- § 12-1308 Finding For Defendant; Judgment; Election To Take Value Or Property
A. If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if...
- § 12-1309 Finding For Defendant; Property Not In Possession Of Plaintiff; Judgment
If at the time of trial the plaintiff is not in possession of the property, or it is not under his control, and the...
- § 12-1310 Finding For Plaintiff; Property In Possession Of Defendant; Election To Take Value Or Property
If judgment is against the defendant and at the time thereof he is in possession of the property by reason of the redelivery bond,...
- § 12-1311 Failure To Deliver Property; Election By Prevailing Party
If the party adjudged to return the property fails so to do at the time and place adjudged, unless by the election he is...
- § 12-1312 Vesting Of Title To Property
When the party elects to take the money judgment, the title, by reason of the election, shall at once vest in the other party...
- § 12-1313 Exoneration And Liability Of Officer On Bonds
A. After execution of any bond taken by virtue of this article, the parties to the action shall be barred from any right of...
- § 12-1314 Execution Issuable For Delivery Of Property; Procedure
A. An execution may issue for the delivery of personal property to the sheriff or any constable of the county where the property is...
Article 13 Trial of Title to Personal Property Under Levy
- § 12-1331 Claim Of Property Levied Upon; Bond
A. When a sheriff or other officer levies a writ of execution, attachment, replevin or similar writ upon personal property and such property or...
- § 12-1332 Conditions Of Bond
The bond shall be conditioned that if the person making the claim fails to establish his right to the property, he will return it...
- § 12-1333 Delivery Of Property To Claimant; Return Of Claim And Bond
A. The officer receiving the claim and bond shall deliver the property so claimed to the person claiming it. B. If the writ under...
- § 12-1334 Endorsement On Writ And Return
The officer taking the bond shall endorse on the original writ that the claim has been made and bond given, stating by whom, the...
- § 12-1335 Jurisdiction Of Trial; Docketing Of Action
A. When the assessed value of the property does not exceed two hundred dollars, the writ shall be returned to a justice of the...
- § 12-1336 Direction Of Issue
Within twenty days after docketing the matter, the court shall direct that an issue be made up in writing between the parties and tried...
- § 12-1337 Judgment By Default
A. If plaintiff appears and defendant fails to appear or neglects or refuses to join issue within such time as the court prescribes, plaintiff...
- § 12-1338 Trial And Burden Of Proof
A. The proceedings on the trial shall be as in other cases before such courts, as nearly as practicable. B. If the property was...
- § 12-1339 Judgment; Limitation On Time For Issuance Of Execution
A. If claimant fails to establish his right, judgment shall be given against him and his sureties for the value of the property, with...
- § 12-1340 Satisfaction Of Judgment By Claimant
If within ten days from the giving of judgment against claimant, he returns the property in as good condition as he received it, and...
- § 12-1341 Release Of Officer; Other Levies
A. A claim made to property under this article shall operate as a release of all damages by claimant against the officer who levied...
Article 14 Purchaser Dwelling Actions
Chapter 9 SPECIAL ACTIONS AND PROCEEDINGS TO ENFORCE CLAIMS OR JUDGMENTS
Article 1 Arbitration
- § 12-1501 Validity Of Arbitration Agreement
A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter...
- § 12-1502 Proceedings To Compel Or Stay Arbitration
A. On application of a party showing an agreement described in section 12-1501, and the opposing party's refusal to arbitrate, the court shall order...
- § 12-1503 Appointment Of Arbitrators By Court
If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed...
- § 12-1504 Majority Action By Arbitrators
The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this article.
- § 12-1505 Hearing
Unless otherwise provided by the agreement: 1. The arbitrators shall appoint a time and place for the hearing and cause notification to the parties...
- § 12-1506 Representation By Attorney
A party has the right to be represented by an attorney at any proceeding or hearing under this article. A waiver thereof prior to...
- § 12-1507 Witnesses; Subpoenas; Depositions
A. The arbitrators may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other...
- § 12-1508 Award
A. The award shall be in writing and signed by arbitrators joining in the award. The arbitrators shall deliver a copy to each party...
- § 12-1509 Change Of Award By Arbitrators
On application of a party or, if an application to the court is pending under sections 12-1511, 12-1512, or 12-1513, on submission to the...
- § 12-1510 Fees And Expenses Of Arbitration
Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the...
- § 12-1511 Confirmation Of An Award
A party seeking confirmation of an award shall file and serve an application therefor in the same manner in which complaints are filed and...
- § 12-1512 Opposition To An Award
A. Upon filing of a pleading in opposition to an award, and upon an adequate showing in support thereof, the court shall decline to...
- § 12-1513 Modification Or Correction Of Award
A. Upon application made within ninety days after delivery of a copy of the award to the applicant, if judgment has not been entered...
- § 12-1514 Judgment Or Decree On Award
Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in confirmity therewith and be enforced...
- § 12-1515 Applications To Court
Except as otherwise provided, an application to the court under this article shall be by motion and shall be heard in the manner and...
- § 12-1516 Court; Jurisdiction And Venue
The term " court" , as used in this article, means the superior courts of the state of Arizona, and venue of the appropriate...
- § 12-1517 Limited Effect Of Article
This article shall have no application to arbitration agreements between employers and employees or their respective representatives.
- § 12-1518 State And Political Subdivisions; Use Of Arbitration
A. In the discretion of any state agency, board or commission or any political subdivision of this state, the services of the American arbitration...
Article 2 Attachment
- § 12-1521 Attachment Of Property Of Defendant
A plaintiff, after complying with the provisions of chapter 14 of this title, may in the following cases have the property of the defendant...
- § 12-1522 Affidavit For Issuance Of Writ Of Attachment
The clerk or justice of the peace, after complying with the provisions of chapter 14 of this title, shall issue the writ of attachment...
- § 12-1523 Issuance Of Writ For Debt Or Demand Not Due; Affidavit; Trial; Judgment
A. After entry of an order pursuant to the requirements of chapter 14 of this title, a writ of attachment may issue although the...
- § 12-1524 Attachment Bond Of Plaintiff
Before issuance of a writ of attachment, plaintiff shall execute and file a bond payable to defendant in an amount not less than the...
- § 12-1525 Quashing Of Writ; Criteria Of Validity Of Affidavit And Bond
A. Every attachment issued without the affidavit and bond shall be quashed on motion of defendant. B. The affidavit and bond shall not be...
- § 12-1526 Issuance Of Writ; Contents
After compliance with the provisions of chapter 14 of this title and upon the execution and filing of the affidavit and bond, the superior...
- § 12-1528 Issuance Of Writ To Several Counties; Form Of Writ; Delivery For Service
A. Several writs of attachment may, at the option of plaintiff, be issued at the same time or in succession and sent to different...
- § 12-1529 Execution Of Writ; Indemnity Bond For Attaching Officer
A. The officer receiving the writ shall immediately execute it by levying upon so much property of defendant subject to levy under the writ...
- § 12-1530 Levy Of Writ; Attachment Of Real Or Personal Property
A. The writ of attachment shall be levied in the same manner as a writ of execution. B. When real property is attached the...
- § 12-1531 Return Of Writ; Duties Of Officer; Further Return
A. An officer executing a writ of attachment shall return the writ with his action endorsed thereon or attached thereto and signed by him,...
- § 12-1532 Levy Of Attachment As Lien On Property; Satisfaction Of Lien
A. The levy of the writ of attachment upon any property of defendant subject thereto is a lien from the date of the levy...
- § 12-1533 Attachment Of Perishable Property; Sale; Procedure
A. When personal property which has been attached is not claimed or replevied, the court or justice of the peace out of whose court...
- § 12-1534 Disposition Of Proceeds Of Sale Of Perishable Property; Report Of Sale
The proceeds of the sale as provided in section 12-1533 shall, within five days after the sale, be paid by the officer making the...
- § 12-1535 Preservation Of Personal Property Under Attachment
If personal property in custody of an officer under a writ of attachment is not replevied, claimed or sold, the court or justice of...
- § 12-1536 Replevin Of Attached Property By Defendant; Bond
At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by...
- § 12-1537 Restoration Of Property Or Exoneration Of Bond; Levy On Exempt Property
A. If the attachment is vacated or if the judgment is for defendant, the court shall order the property restored to defendant or exonerate...
- § 12-1538 Judgment Where Personal Property Replevied
When personal property under attachment has been replevied, the judgment shall also be against defendant and the sureties on his replevin bond for the...
- § 12-1539 Veterans Disability Benefits; Exemption From Seizure
A. Notwithstanding section 12-1521, federal disability benefits awarded to veterans for service-connected disabilities pursuant to 38 United States Code chapter 11: 1. Are exempt...
Article 3 Execution of Judgments
- § 12-1551 Issuance Of Writ Of Execution; Limitation; Renewal; Death Of Judgment Debtor; Exemptions
A. The party in whose favor a judgment is given, at any time within five years after entry of the judgment and within five...
- § 12-1552 Types Of Executions; Form
A. Executions are either general or special. 1. A general execution is one which commands the officer to whom it is addressed to make...
- § 12-1553 General Execution
A general execution shall state the amount of the judgment and costs and the amount due thereon, and shall require the officer: 1. If...
- § 12-1554 Special Execution
A special execution shall set forth in substance the portions of the judgment which command the sale or delivery of specific property and the...
- § 12-1555 Return Of Execution
A. An execution shall be made returnable to the clerk of the court issuing it at any time not less than ten nor more...
- § 12-1556 Judgment Requiring Performance Of Other Acts; Service
When a judgment requires the performance of any act other than is designated in the preceding sections of this article, a certified copy of...
- § 12-1557 Issuance Of Writ To Several Counties
A. A general execution may be issued to the sheriff of any county in the state, and executions may be issued at the same...
- § 12-1558 Property Subject To Execution
A. All property, real and personal, not exempt by law, and all property and rights of property seized and held under attachment or garnishment...
- § 12-1559 Levy Of Writ Of Execution; Real Property; Personal Property; Livestock; Shares Of Stock; Partnership Interests
The officer to whom the writ is directed shall make the levy as follows: 1. To levy on real estate it is sufficient that...
- § 12-1560 New Trial After Service By Publication; Superseding Judgment
A. When judgment has been rendered on service by publication, and defendant has not appeared, a new trial may be granted upon application of...
- § 12-1561 Judgment Creditor Having Prior Lien
If a party recovering judgment has a lien on any property by mortgage or otherwise, or by levy of any writ of attachment or...
- § 12-1562 Duties Of Officer In Execution; Disposition Of Proceeds; Rights Of Judgment Debtor
A. An officer shall execute a general execution against the property of a judgment debtor by levying on a sufficient amount of property, if...
- § 12-1563 Impeding Recovery By Action Or Judgment Of Personal Property; Classification
A person against whom an action is pending or against whom a judgment has been rendered for the recovery of personal property who knowingly...
- § 12-1564 Indemnification Of Officer For Levy; Recovery Of Costs
If there is a reasonable doubt about the equity interest of a judgment debtor in any property or the liability for the seizure of...
- § 12-1565 Storage Of Levied Property; Costs
A. After the officer has completed his levy on the personal property of the judgment debtor, the officer shall secure the property until it...
- § 12-1566 Execution Upon Judgments For Debts Secured By Real Property; Fair Market Value; Hearing; Redemption Rights; Guarantees; Applicability
A. This section applies to execution upon real property under a judgment obtained pursuant to section 33-725 or obtained pursuant to section 33-814 or...
Article 4 Garnishment of Monies or Property
- § 12-1570 Definitions
In this article, unless the context otherwise requires: 1. " Deliver" means any of the following: (a) To hand deliver. (b) To mail by...
- § 12-1570.01 Scope Of Article
A. The provisions of this article are applicable to garnishments of any of the following: 1. Indebtedness owed to a judgment debtor by a...
- § 12-1571 Issuance Of Writ
A. The clerk of the court or justice of the peace shall issue writs of garnishment, returnable to their respective courts, upon the filing...
- § 12-1572 Application For Writ Of Garnishment For Monies Or Property
A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person in his behalf makes an application...
- § 12-1573 Bond Amount And Conditions
If a garnishment is requested and no judgment has been entered, a writ shall not be issued until the judgment creditor executes and delivers...
- § 12-1574 Issuance, Service And Return Of Writ; Notice To Debtor
A. When the judgment creditor has complied with the applicable provisions of sections 12-1572 and 12-1573, the clerk, justice of the peace or city...
- § 12-1577 Service Of Writ On Branch Of Financial Institution
A. Monies owing to a judgment debtor by a banking corporation or association, savings bank, savings and loan association, credit union, trust company or...
- § 12-1578 Limitations On Transfers By Garnishee After Service; Replevin By Judgment Debtor
A. From and after the service of all of the documents required to be served pursuant to section 12-1574 the garnishee shall not pay...
- § 12-1578.01 Time For Answer
The writ, whether issued in the superior court, the justice court or the municipal court, shall require the garnishee to answer within ten days...
- § 12-1579 Answer Of Garnishee
A. The answer of the garnishee shall be under oath, in writing and signed by him, and shall make true answers to the writ....
- § 12-1580 Objection To Garnishment Or Answer; Hearing
A. A party who has an objection to the writ of garnishment, the answer of the garnishee or the amount held by the garnishee...
- § 12-1581 Discharge Of Garnishee
A. If it appears from the answer of the garnishee that he did not owe nonexempt monies to the judgment debtor when the writ...
- § 12-1582 Notice To Garnishee Of Dismissal; Hearing On Costs And Attorney's Fee
Actions in garnishment in which an answer has been filed by a garnishee shall not be dismissed except upon notice to the garnishee and...
- § 12-1583 Judgment By Default Against Garnishee
If a garnishee fails to answer within the time specified in the writ, the judgment creditor for whom the writ has been issued may...
- § 12-1584 Judgment Against Garnishee; Objection; Hearing
A. In a garnishment of monies or indebtedness, if the answer shows that the garnishee was indebted to the judgment debtor at the time...
- § 12-1585 Order Regarding Personal Property Subject To Garnishment; Objection; Hearing
A. If the answer shows that the garnishee was holding personal property of the judgment debtor at the time the writ was served, and...
- § 12-1587 Discharge Of Garnishee If Judgment Or Order Not Obtained Within Ninety Days; Exceptions
If no judgment or order is entered against the garnishee within ninety days after the filing of the garnishee's answer, any monies, property, shares...
- § 12-1588 Answer Disclosing Shares Of Stock; Judgment And Sale
A. If the garnishee is a corporation and it appears from the answer or otherwise that the judgment debtor is or was when the...
- § 12-1591 Taxing Costs
A. When the garnishee is discharged upon his answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against...
- § 12-1592 Obedience Of Garnishee To Judgment As Bar
It shall be a sufficient answer to any claim of the judgment debtor against the garnishee founded on any indebtedness of the garnishee, or...
- § 12-1593 Contempt Proceedings
A. If the judgment creditor fails to comply with any duty imposed upon him by this article, the court shall, upon petition of any...
- § 12-1595 Garnishment Of Bank Account In Names Of Two Or More Persons; Bond Of Judgment Creditor
A. A bank deposit made in the names of two or more persons shall be subject to garnishment. B. The answering garnishee shall, upon...
- § 12-1596 Forms
A. The court, justice of the peace or city or town magistrate shall provide to the parties, at no charge, copies of the following...
- § 12-1597 Mailing; Receipt; Presumptions
A. For the purposes of this article, it is presumed that a document has been received five days after it is mailed as provided...
Article 4.1 Garnishment of Earnings
- § 12-1598 Definitions
In this article, unless the context otherwise requires: 1. " Debt scheduling" means counseling and assistance provided to persons by a qualified debt counseling...
- § 12-1598.01 Scope Of Article
A. The provisions of this article are applicable to indebtedness owed to a judgment debtor by a garnishee for monies which are earnings as...
- § 12-1598.02 Grounds For Issuance Of Writ Of Garnishment Of Earnings
The clerk of the court, justice of the peace or city or town magistrate shall issue writs of garnishments of earnings, returnable to that...
- § 12-1598.03 Application For Writ Of Garnishment For Earnings
A writ of garnishment shall be issued pursuant to this article after the judgment creditor or a person in his behalf makes an application...
- § 12-1598.04 Issuance Of Writ Of Garnishment For Earnings; Service And Return Of Writ; Lien On Nonexempt Earnings
A. If a party in an action has been awarded a money judgment and has submitted the application provided for in section 12-1598.03, the...
- § 12-1598.05 Initial Lien
A. The writ is a lien on the nonexempt earnings of the judgment debtor from the date of service of the writ until any...
- § 12-1598.06 Time For Answer
The writ, whether issued in the superior court, the justice court or the municipal court, shall require the garnishee to answer within ten days...
- § 12-1598.07 Objection To Garnishment, Answer Or Nonexempt Earnings Statement; Hearing
A. A party who has an objection to the writ of garnishment, the answer of garnishee or a nonexempt earnings statement may file a...
- § 12-1598.08 Answer Of Garnishee To Writ Of Garnishment Of Earnings; Filing; Delivery; Notice
A. The answer of the garnishee shall be under oath, in writing and signed by him and shall make true answers to the writ....
- § 12-1598.09 Discharge Of Garnishee
If it appears from the answer of the garnishee that he did not employ the judgment debtor at the time the writ was served,...
- § 12-1598.10 Continuing Lien On Earnings; Order
A. If it appears from the answer of the garnishee that the judgment debtor was an employee of the garnishee, or that the garnishee...
- § 12-1598.11 Continuing Lien Procedure; Nonexempt Earnings Statement
A. An order of continuing lien on nonexempt earnings entered pursuant to this article requires the garnishee to continue to withhold the nonexempt earnings...
- § 12-1598.12 Reporting By Judgment Creditor
A. Except as provided in subsection B, as long as the order of continuing lien is in effect the judgment creditor shall issue a...
- § 12-1598.13 Contempt Proceedings; Default Of Garnishee
A. If the judgment creditor fails to comply with any duty imposed upon him by this article, the court shall, upon petition of any...
- § 12-1598.14 Priority
A. Except as provided in subsections B and C, conflicting wage garnishments and levies rank according to priority in time of service. B. Garnishments,...
- § 12-1598.15 Taxing Costs
A. If the garnishee is discharged on his answer, the cost of the proceeding, including reasonable compensation to the garnishee, shall be taxed against...
- § 12-1598.16 Forms
A. The court, justice of the peace or city or town magistrate shall provide to the parties, at no charge, copies of the following...
- § 12-1598.17 Mailing; Receipt; Presumptions
A. For the purposes of this article, it is presumed that a document has been received five days after it is mailed as provided...
Article 5 Garnishment of Salaries and Wages of Public Officers and Employees
Article 6 Renewal of Judgment
Article 7 Sales Under Execution
Article 8 Supplemental Proceedings
Article 9 Suretyship
- § 12-1641 Action By Creditor; Failure To Bring Action And Effect
Any person bound as surety upon a contract for payment of money or performance of an act, when the right of action has accrued,...
- § 12-1642 Determination Of Issue Between Principal And Surety; Finding For Surety And Order Of Levy
A. When an action is brought against two or more defendants upon a contract, and one or more of the defendants are surety for...
- § 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...
- § 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...
- § 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,...
- § 12-1646 Extension Of Remedy
The remedy provided in this article for sureties extends to endorsers, guarantors, drawers of bills which have been accepted, and every other suretyship, whether...
Article 11 Revised Uniform Enforcement of Foreign Judgments Act
- § 12-1701 Definition
In this article, unless the context otherwise requires: " Foreign judgment" means any judgment, decree, or order of a court of the United States...
- § 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...
- § 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...
- § 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...
- § 12-1705 Filing Fees
Any person filing a foreign judgment shall pay to the clerk a fee pursuant to section 12-284. Fees for docketing, transcription or other enforcement...
- § 12-1706 Other Rights Of Enforcement
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired.
- § 12-1707 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
- § 12-1708 Short Title
This article may be cited as the uniform enforcement of foreign judgments act.
Chapter 10 MISCELLANEOUS SPECIAL ACTIONS AND PROCEEDINGS
Article 1 Injunctions
- § 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...
- § 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...
- § 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...
- § 12-1804 Notice Of Hearing On Injunction; Service Upon Adverse Party
The notice, together with a copy of the complaint or affidavits upon which the application is based, shall be served upon the parties sought...
- § 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...
- § 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...
- § 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...
- § 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...
- § 12-1809 Injunction Against Harassment; Petition; Venue; Fees; Notices; Enforcement; Definition
A. A person may file a verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting harassment....
- § 12-1810 Injunction Against Workplace Harassment; Definitions
A. An employer or an authorized agent of an employer may file a written verified petition with a magistrate, justice of the peace or...
Article 2 Uniform Declaratory Judgments Act
- § 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...
- § 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...
- § 12-1833 Before Breach
A contract may be construed either before or after there has been a breach thereof.
- § 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...
- § 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...
- § 12-1836 Discretionary
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not...
- § 12-1837 Review
All orders, judgments and decrees under this article may be reviewed as other orders, judgments and decrees.
- § 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...
- § 12-1839 Jury Trial
When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same...
- § 12-1840 Costs
In any proceeding under this article the court may make such award of costs as may seem equitable and just.
- § 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...
- § 12-1842 Construction
This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights,...
- § 12-1843 Words Construed
The word " person" wherever used in this article shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society,...
- § 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,...
- § 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...
- § 12-1846 Short Title
This article may be cited as the uniform declaratory judgments act.
Article 3 Certification of Questions of Law Act
Article 4 Class Actions
- § 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...
- § 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...
- § 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....
Chapter 11 EXTRAORDINARY LEGAL REMEDIES
Article 1 Certiorari
Article 2 Mandamus
- § 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...
- § 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...
- § 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...
- § 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...
- § 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,...
- § 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,...
- § 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...
- § 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...
- § 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...
- § 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...
Article 3 Quo Warranto
Chapter 12 APPEALS
Article 1 In General
- § 12-2101 Judgments And Orders That May Be Appealed
A. An appeal may be taken to the court of appeals from the superior court in the following instances: 1. From a final judgment...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
Chapter 13 EVIDENCE
Article 1 Competency of Witnesses
Article 2 Duties and Privileges of Witnesses
Article 3 Oath and Affirmation
Article 4 Privileged Communications
- § 12-2231 Husband And Wife; Anti‑marital Fact
In a civil action a husband shall not be examined for or against his wife without her consent, nor a wife for or against...
- § 12-2232 Husband And Wife; Privileged Communications; Permissible Examination
A. A husband or wife, during the marriage or afterward, without the consent of the other, shall not be examined as to any communications...
- § 12-2233 Clergyman Or Priest And Penitent
In a civil action a clergyman or priest shall not, without the consent of the person making a confession, be examined as to any...
- § 12-2234 Attorney And Client
A. In a civil action an attorney shall not, without the consent of his client, be examined as to any communication made by the...
- § 12-2235 Doctor And Patient
In a civil action a physician or surgeon shall not, without the consent of his patient, or the conservator or guardian of the patient,...
- § 12-2236 Waiver Of Privilege As To Attorney Or Doctor
A person who offers himself as a witness and voluntarily testifies with reference to the communications referred to in sections 12-2234 and 12-2235 thereby...
- § 12-2237 Reporter And Informant
A person engaged in newspaper, radio, television or reportorial work, or connected with or employed by a newspaper, radio or television station, shall not...
- § 12-2238 Mediation; Privileged Communications; Exceptions; Liability; Definitions
A. Before or after the filing of a complaint, mediation may occur pursuant to law, a court order or a voluntary decision of the...
- § 12-2239 Domestic Violence Victim Advocate; Privilege; Training; Exception; Definition
A. In a civil action, a domestic violence victim advocate shall not be examined as to any communication made by the domestic violence victim...
Article 5 Testimony in Actions Involving Executors, Administrators or Guardians
Article 6 Documentary Evidence
- § 12-2261 Instruments Which May Be Acknowledged; Receipt Of Acknowledged Instruments In Evidence
Every written instrument, except promissory notes, bills of exchange, and the last wills of deceased persons, may be acknowledged as deeds are required to...
- § 12-2263 Admissibility In Evidence Of Certified Copies Of Documents On File With State And County Officers
Certified copies, under the hands and official seals, if there are official seals, by all state and county officers of all documents properly on...
- § 12-2264 Evidentiary Value Of Birth And Death Certificates
A birth, death or fetal death certificate is prima facie evidence of the facts therein stated, but if an alleged father of a child...
- § 12-2265 Marriage Certificate As Prima Facie Evidence Of Marriage; Other Evidence Competent To Prove Marriage
A certificate of marriage executed in accordance with the laws of this state or a foreign state or country, or the record thereof, or...
- § 12-2266 Certificate Of Purchase, Location Or Receiver's Receipt As Prima Facie Evidence Of Right To Possession
A certificate of purchase or a certificate of location or a duplicate receiver's receipt for land situated in this state, issued or made pursuant...
Article 7.1 Medical Records
- § 12-2291 Definitions
In this article, unless the context otherwise requires: 1. " Clinical laboratory" has the same meaning prescribed in section 36-451. 2. " Contractor" means...
- § 12-2292 Confidentiality Of Medical Records And Payment Records
A. Unless otherwise provided by law, all medical records and payment records, and the information contained in medical records and payment records, are privileged...
- § 12-2293 Release Of Medical Records And Payment Records To Patients And Health Care Decision Makers; Definition
A. Except as provided in subsections B and C of this section, on the written request of a patient or the patient's health care...
- § 12-2294 Release Of Medical Records And Payment Records To Third Parties
A. A health care provider shall disclose medical records or payment records, or the information contained in medical records or payment records, without the...
- § 12-2294.01 Release Of Medical Records Or Payment Records To Third Parties Pursuant To Subpoena
A. A subpoena seeking medical records or payment records shall be served on the health care provider and any party to the proceedings at...
- § 12-2295 Charges
A. Except as otherwise provided by law, a health care provider or contractor may charge a person who requests copies of medical records or...
- § 12-2296 Immunity
A health care provider, contractor or clinical laboratory that acts in good faith under this article is not liable for damages in any civil...
- § 12-2297 Retention Of Records
A. Unless otherwise required by statute or by federal law, a health care provider shall retain the original or copies of a patient's medical...
Article 8 Evidence of Advance Payment
Article 9 Silent Witness Program Records
Article 10 Health and Safety Audit Privilege
Chapter 14 PROVISIONAL REMEDIES
Article 1 General Provisions
- § 12-2401 Definitions
In this article, unless the context otherwise requires: 1. " Party" means any plaintiff or defendant in any civil action, in any superior or...
- § 12-2402 Provisional Remedies Without Notice; Grounds For Issuance
A. Any provisional remedy may be issued by any judge of the superior court or justice of the peace of this state before judgment...
- § 12-2403 Provisional Remedies With Notice; Grounds
Except as provided in section 12-2402, no provisional remedy shall be issued by any judge or justice of the peace until: 1. All statutory...
- § 12-2404 Application For Provisional Remedy With Notice
A. A party may at any time after the filing of a civil action make application, under oath, to the court to issue any...
- § 12-2405 Notice; Form Of Notice
Upon the filing of an application as provided in section 12-2404, the justice of the peace or clerk of any superior court shall issue...
- § 12-2406 Service Of Notice And Application
A. A copy of the notice as set forth in sections 12-2402 and 12-2405 and a copy of the application for issuance of any...
- § 12-2407 Time To Request Hearing Date; Form Of Request
A. Each party served with a copy of the notice set forth in section 12-2405 and an application for any provisional remedy may request...
- § 12-2408 Default
A. If no request for hearing date is filed within the time provided by section 12-2407, the party seeking any provisional remedy, or that...
- § 12-2409 Judicial Review Of Application; Issuance Of Provisional Remedies
A. The judge or justice of the peace shall within five days, exclusive of weekends and holidays, after entry of default as provided in...
- § 12-2410 Hearing; Procedure; Issues
A. Upon filing of a request for hearing pursuant to section 12-2407, the party seeking any provisional remedy or the court shall cause the...
- § 12-2411 Attorney's Fees
If a hearing is held pursuant to section 12-2402, subsection C, or section 12-2410 and the provisional remedy ordered issued is quashed or no...
- § 12-2412 Waiver Of Right To A Hearing Void
Notwithstanding any agreement to the contrary, a waiver of the right to a hearing provided by this article shall be void and unenforceable.
Chapter 15 EMANCIPATION OF MINORS
Article 1 General Provisions
Chapter 16 UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT
Article 1 General Provisions
Chapter 17 CLAIMS AGAINST LICENSED PROFESSIONALS
Article 1 General Provisions
Chapter 18 IMMIGRATION AND NATIONALITY LAW PRACTICE ACT
Article 1 General Provisions
- § 12-2701 Definitions
In this chapter, unless the context otherwise requires: 1. " Immigration or naturalization matter" includes all matters implicating any law, action, filing or proceeding...
- § 12-2702 Representation; Definition
A. A person desiring immigration and nationality services may be represented by any of the following: 1. Attorneys in the United States. 2. A...
- § 12-2703 Scope Of Remedies; Violation; Classification
A. It is unlawful for any person to render for compensation any service constituting the unauthorized practice of immigration and nationality law or to...
- § 12-2704 Unlawful Practices; Investigation
An act or practice in violation of this chapter constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate...
Chapter 19 GENETIC TESTING
Article 1 General Provisions
Chapter 20 STRUCTURED SETTLEMENTS
Article 1 General Provisions
- § 12-2901 Definitions
In this chapter, unless the context otherwise requires: 1. " Annuity issuer" means an insurer that has issued a contract that is used to...
- § 12-2902 Payment Rights; Transfer Conditions
A. Direct or indirect transfer of structured settlement payment rights shall not be effective and a structured settlement obligor or annuity issuer shall not...
- § 12-2903 Jurisdiction: Transfer Approval
A. The superior court has jurisdiction over any application for authorization to transfer structured settlement payment rights pursuant to section 12-2902. B. Not less...
- § 12-2904 Waiver; Penalties
A. The provisions of this chapter shall not be waived. B. A payee who proposes to make a transfer of structured settlement payment rights...
Chapter 21 REVISED UNIFORM ARBITRATION ACT
Article 1 General Provisions
- § 12-3001 Definitions
In this chapter, unless the context otherwise requires: 1. " Arbitration organization" means an association, agency, board, commission or other entity that is neutral...
- § 12-3002 Notice
A. Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform...
- § 12-3003 Applicability
A. Except as provided in subsection B: 1. This chapter governs an agreement to arbitrate made on or after January 1, 2011. 2. This...
- § 12-3004 Effect Of Agreement To Arbitrate; Nonwaivable Provisions
A. Except as otherwise provided in subsections B and C of this section, a party to an agreement to arbitrate or to an arbitration...
- § 12-3005 Application For Judicial Relief
A. An application for judicial relief under this chapter must be made by motion to the court and heard in the manner provided by...
- § 12-3006 Validity Of Agreement To Arbitrate
A. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is...
- § 12-3007 Motion To Compel Or Stay Arbitration
A. On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: 1. If...
- § 12-3008 Interim Remedies
A. Before an arbitrator is appointed and is authorized and able to act, the court, on motion of a party to an arbitration proceeding...
- § 12-3009 Initiation Of Arbitration; Notice
A. A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the...
- § 12-3010 Consolidation Of Separate Arbitration Proceedings
A. Except as otherwise provided in subsection C, on motion of a party to an agreement to arbitrate or to an arbitration proceeding, the...
- § 12-3011 Appointment Of Arbitrator; Service As A Neutral Arbitrator
A. If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed unless the...
- § 12-3012 Disclosure By Arbitrator
A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties...
- § 12-3013 Action By Majority
If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of...
- § 12-3014 Immunity Of Arbitrator; Competency To Testify; Attorney Fees And Litigation Expenses
A. An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of...
- § 12-3015 Arbitration Process
A. An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding....
- § 12-3016 Representation By Lawyer
A party to an arbitration proceeding may be represented by a lawyer.
- § 12-3017 Witnesses; Subpoenas; Depositions; Discovery
A. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any...
- § 12-3018 Judicial Enforcement Of Preaward Ruling
If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate...
- § 12-3019 Award
A. An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with...
- § 12-3020 Change Of Award By Arbitrator
A. On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award either: 1. On...
- § 12-3021 Remedies; Fees And Expenses Of Arbitration Proceeding
A. An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving...
- § 12-3022 Confirmation Of Award
After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order...
- § 12-3023 Vacating Award
A. On motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding...
- § 12-3024 Modification Or Correction Of Award
A. On motion made within ninety days after the movant receives notice of the award pursuant to section 12-3019 or within ninety days after...
- § 12-3025 Judgment On Award; Attorney Fees And Litigation Expenses
A. On granting an order vacating an award without directing a rehearing or confirming, modifying or correcting an award, the court shall enter a...
- § 12-3026 Jurisdiction
A. A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. B. An agreement to...
- § 12-3027 Venue
A motion pursuant to section 12-3005 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration...
- § 12-3028 Uniformity Of Application And Construction
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject...
- § 12-3029 Relationship To Electronic Signatures In Global And National Commerce Act
The provisions of this chapter governing the legal effect, validity and enforceability of electronic records or electronic signatures and of contracts performed with the...
Chapter 22 APPLICATION OF FOREIGN LAWS
Article 1 General Provisions
- § 12-3101 Definition Of Foreign Law
In this chapter, unless the context otherwise requires, " foreign law" means any law, rule or legal code or system other than the constitution,...
- § 12-3102 Application
A. This chapter applies only to actual violations of the constitutional rights of a person or actual conflict with the laws of this state...
- § 12-3103 Prohibited Enforcement Of Foreign Law
A court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a...
Chapter 23 JUDICIAL VACANCIES AND APPOINTMENTS
Article 1 General Provisions
Chapter 24 VEXATIOUS LITIGANTS
Article 1 General Provisions
Chapter 25 UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT
Article 1 General Provisions
Chapter 26 PRIVATE PROCESS SERVERS
Article 1 General Provisions
Last modified: October 13, 2016