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You are here: Home  Arizona Law Arizona Revised Statutes  Title 12

Arizona Revised Statutes Title 12

Courts and Civil Procedures

Chapter 1COURTS OF RECORD
Article 1The Supreme Court
12-101Judges; number; term; election
12-102Jurisdiction and duties; court appointments; background investigation
12-102.01Criminal case processing and enforcement improvement fund
12-102.02State aid to the courts fund
12-102.03Local courts assistance fund
12-103Seal
12-104Affixing of seal
12-105Days for transaction of business
12-106Salary of justices
12-107Publication of opinions
12-108Reports of decisions; publication; distribution; publication cost
12-109Promulgation of rules of pleading, practice and procedure; distribution
12-110Advisory board; objections to rules
12-111Statutes as rules of court
12-112Education program for justices and magistrates
12-113Judicial collection enhancement fund; purpose; administration; report; definition
12-114Surcharge on court ordered diversion programs for traffic offenses; deposit
12-114.01Probation surcharge; deposit
12-115Additional filing, appearance and answer or response fees; deposit
12-116; Version 2Time payment fee
12-116Time payment fee
12-116.01Assessments; fund deposits
12-116.02Penalty assessments; fund deposits
12-116.03Collection agencies
12-117County public defender training fund; appropriation
12-118Use of credit cards by courts
12-119Facilities management
12-119.01Supreme court fees; distribution
12-119.02Electronic filing and access; fee
12-119.03Performance audit; supreme court administration and programs
Article 1.1Court of Appeals
12-120Creation of court of appeals; court of record; composition; sessions
12-120.01Qualifications of judges; terms; ballots; vacancies
12-120.02Election of judges
12-120.03Salary of judges
12-120.04Chief judge; duties
12-120.05Seal; affixing of seal
12-120.06Days for transaction of business
12-120.07Opinions; publication
12-120.08Appointment of clerk; oath; compensation
12-120.09Duties of clerk; records; certified copies
12-120.10Post of duty
Article 1.2Jurisdiction and Venue
12-120.21Jurisdiction and venue
12-120.22Appeals; transfer of case, appeal or petition for a writ
12-120.23Transfer of case and appeal by the supreme court
12-120.24Rehearing review by supreme court; issuance of mandate
Article 1.3Fees and Costs
12-120.31Fees and costs; distribution
12-120.32Additional fees
Article 2The Superior Court
12-121Number of judges; petition for approval of additional judges; additional method
12-122General power of superior court
12-123Jurisdiction and powers
12-124Appellate jurisdiction; issuance of writs
12-125Procedure for appeal when not prescribed
12-126Seal; affixing of seal
12-127Days for transaction of business; exceptions
12-128Salary of judges; payment by state and counties
12-128.01Receipt of salary by judges and commissioners; affidavit; pending and undetermined causes; violation; classification
12-129Expenses of judge sitting in other county or supreme court
12-130Place of holding court; accommodations
12-133Arbitration of claims; agreement of reference; arbitration award; powers of arbitrators; compensation of arbitrators; appeals; deposits; costs
12-134Mediation; fee
12-135Alternative dispute resolution fund
12-135.01Local alternative dispute resolution fund; report
12-136Indian tribal courts; involuntary commitment orders; recognition
Article 3Judges Pro Tempore
12-141Appointment of judges pro tempore
12-142Qualifications of judge pro tempore; residence; salary; exclusion from retirement provisions
12-143Payment of salaries and other expenses; providing facilities; judicial employees
12-144Limitations; term; reappointment; extension of duties; powers and duties
12-145Appointment of judges pro tempore of the court of appeals
12-146Qualifications of court of appeals judge pro tempore; residence; salary; exclusion from retirement provisions
12-147Limitations; term; reappointment; extension of duties; powers and duties
Article 4Tax Court
12-161Definition of tax court
12-162Administration of the tax court; principal office; travel expenses; facilities; employees
12-163Assignment to tax court
12-164Qualifications and assignment of tax judge; qualifications and appointments of judges pro tempore and commissioners assigned to the tax court
12-165Venue; change of judge
12-166Commencement of proceedings
12-167Filing fees; filing by mail
12-168Proceedings
12-169Rules of procedure; reporting
12-170Decisions; judgment; appeal
12-171Publication of decisions
12-172Small claims procedures; election; judge
12-173Notice; dismissal; removal
12-174Hearing; representation; no appeal right
Chapter 2JUDICIAL OFFICERS AND EMPLOYEES
Article 1Clerk of the Supreme Court
12-201Oath; office; deputies
12-202Duties; record of proceedings; certified copies
12-202.01Preservation and destruction of records
12-203Salary of clerk and deputy; administrative director
Article 2Court Commissioner
12-211Appointment; qualifications and residence
12-212Powers; compensation
12-213Commissioners in certain counties; appointment; powers and duties; salary
Article 3Court Reporter
12-221Appointment and oath
12-223Attendance at and report of proceedings; sale of transcripts
12-224Salary; fees for transcripts; free transcripts; office supplies
12-225Appointment of deputies; compensation
Article 4Bailiff
12-231Appointment and duties
Article 5Interpreter
12-241Appointment; court attendance
12-242; Version 2Interpreters for deaf persons; proceedings; definitions
12-242Interpreters for deaf persons; proceedings; definitions
Article 6Adult Probation Officer
12-251Adult probation officers and support staff; appointment; qualifications
12-252Salaries and expenses
12-253Powers and duties
12-254Chief adult probation officer; duties; other officers' duties
12-255Private enterprise probation services
Article 6.1Adult Surveillance Officers
12-259Adult surveillance officers; appointment; qualifications; salaries; expenses
12-259.01Powers and duties
Article 7State Aid for Probation Services
12-261Administration
12-262Submission of plan; use of funds
12-263Approval and revocation of plans
12-264Continued allocation of funds
12-265Allocation of funds; prohibition
12-266Administrative personnel
12-267Adult probation services fund; accounts; expenditure plan; use
12-268Juvenile probation fund; use
Article 8Clerk of Superior Court
12-281Oath; bond; salary; prohibition
12-282Custody of records filed; purging; destruction; microphotography; electronic imaging; evidence; withdrawal of voucher; exemption; child support information
12-283Powers and duties
12-284Fees
12-284.01Document storage and retrieval conversion fund; purpose
12-284.02Electronic filing and access; fee
12-284.03Distribution of fees
12-285Refusal of clerk to disburse fine or forfeiture; classification
12-286Investment of deposits; definition
12-287Clerk of the superior court victim location fund; exemption from lapsing
12-288Removal of debts from accounting system
12-289Spousal maintenance enforcement enhancement fund; surcharge
Article 10Family Law Referee
12-298Appointment of family law referee or court commissioner; compensation; qualifications; duties; powers; procedures
Article 11Community Punishment Program
12-299Definitions
12-299.01Submission of plan; use of monies; prohibitions
12-299.02Community punishment advisory committee; duties
12-299.03Duties of the supreme court; evaluation
12-299.04Budget requests
12-299.05Administrative personnel
Chapter 3FEES AND COSTS
Article 1Fees in General
12-301Time of payment of fees; effect of failure to collect
12-302Extension of time for payment of fees and costs; relief from default for nonpayment; deferral or waiver of court fees and costs; definitions
12-303Witness fees and mileage
12-304Exemption of state, county, city, town or political subdivision of a county from court fees
12-305Law library fund
Article 2Fees in the Superior Court
12-311Filing, appearance, judgment and decree fees
12-312Fees for intervenors and new parties
12-313Probate conservatorship, guardianship and fiduciary fees
12-314Prohibition upon rule allowing tax, charge or allowance
Article 3Fees in the Supreme Court
12-321Appeals or original applications
12-322Notice of prepayment; effect of failure to pay
12-323Certificate of admission to bar; certified copies of papers; background investigation
Article 4Costs Defined
12-331Taxable costs in supreme court
12-332Taxable costs and jury fee in superior court
12-333Disallowance as costs of charge for unrequired papers
Article 5Recovery of Costs
12-341Recovery of costs
12-341.01Recovery of attorney fees
12-342Costs on appeal
12-343Costs of new trial, arrest of judgment or insufficient pleadings
12-344Costs upon splitting of action
12-345Exemption of state, county, city, town or political subdivision of a county from court fees
12-346Statement of costs; service and objections
12-347Inclusion of costs and interest in judgment
12-348Award 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
12-349Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
12-350Determination of award; reasons; factors
12-351Costs of compliance with subpoena for production of documentary evidence; payment by requesting party; definitions
12-352Medical malpractice judgments; payment of interest; definition
Chapter 4VENUE AND CHANGE OF VENUE OR JUDGE
Article 1In General
12-401Venue
12-402Venue of actions commenced after organization of new county
12-403Transfer of action to new county
12-404Action brought in wrong county; jurisdiction; application for transfer; hearing
12-405Change of venue by consent
12-406Change of venue for cause; grounds; bond; appeal
12-407Order for change of venue; transmittal of papers; payment of fees and costs; effect of failure to pay
12-408Procedure for change of venue when county is a party
12-409Change of judge; grounds; affidavit
12-410Punishment for contempt for filing affidavit for change of judge prohibited
12-411Limitation on changes of venue or judge; selection of county or judge
Chapter 5LIMITATIONS OF ACTIONS
Article 1General Provisions
12-501Effect of absence from state
12-502Effect of minority or insanity
12-503Tacking of disabilities prohibited
12-504Saving of action timely commenced; defense or counterclaim; improper plaintiff; applicability
12-505Effect of statute changing limitation
12-506Action barred by foreign statute of limitation, bankruptcy or insolvency
12-507Action against person removing to this state
12-508Effect of acknowledgment upon barred action
12-509Presumption of death from five year absence; restoration of estate recovered upon presumption
12-510Exemption of state from limitations
12-511Civil action arising from criminal conduct; definitions
Article 2Real Actions
12-521Definitions
12-522Real property claimed only by right of possession; two year limitation
12-523Real property in adverse possession under title or color of title; three year limitation
12-524City lot claimed under recorded deed; five year limitation
12-525Real property in adverse possession and use under duly recorded deed with possessor paying taxes; five year limitation; exception
12-526Real property in adverse possession and use by possessor; ten year limitation; limit of area; fixing of boundaries under duly recorded memorandum of title
12-527Effect of limitation on title
12-528Persons under disability
12-529Defenses available for certain actions by the state or person claiming through the state
Article 3Personal Actions
12-541Malicious 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
12-542Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation
12-543Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation
12-544Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; four year limitation
12-545Bond of personal representative or guardian; four year limitation
12-546Specific performance of contract to convey realty; four year limitation
12-547Failure to make return on execution; five year limitation
12-548Contract in writing for debt; six year limitation
12-549Foreign judgment
12-550General limitation
12-551Product liability
12-552Actions involving development of real property design, engineering and construction of improvements
12-553Limited liability of equine owners and owners of equine facilities; exception; definitions
12-554Limited liability; baseball facilities; definitions
12-555Uninsured and underinsured motorist coverage; claims; time limits
12-556Limited liability; closedcourse motor sport facility owners, lessors and operators; definitions
Chapter 5.1ACTIONS RELATING TO HEALTH CARE
Article 1General Provisions
12-561Definitions
12-562Medical malpractice actions; grounds
12-563Necessary elements of proof
12-565Health care actions; collateral source evidence
12-566Health care actions; complaint; specific amount of damages not to be stated
12-568Review of attorneys' fees in health care actions; guidelines
12-569Non-admissibility of certain types of evidence relating to professional liability insurance
12-570Malpractice settlement or award reporting; civil penalty; definition
12-571Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
Article 2Periodic Payments
12-581Definitions
12-582Election of periodic payments
12-583Good cause hearing
12-584Special findings; future damages
12-585Evidence of future damages
12-586Entering a judgment for future damages
12-587Funding judgments for periodic installments
12-588Form of funding
12-589Discounting future damages to present value
12-590Effect of death on periodic installments
12-591Assignment of periodic installments
12-592Exemption of benefits
12-593Duties of the director of the department of insurance and insurance companies
12-594Arbitration and settlement agreements
Chapter 6SPECIAL ACTIONS AND PROCEEDINGS BY INDIVIDUAL PERSONS
Article 1Change of Name
12-601Application; venue; judgment
12-602Notice of application; effect of change on rights and obligations
Article 2Death by Wrongful Act
12-611Liability
12-612Parties plaintiff; recovery; distribution
12-613Measure of damages; nonliability for debts of decedent
Article 3Establishing Identity
12-621Procedure to establish identity of persons
12-622Notice of hearing; effect of establishing identity
Article 4Motor Vehicle Subleasing
12-631Definitions
12-632Unlawful motor vehicle subleasing; civil action; exemption
Article 5Injury to Child or Ward
12-641Persons who may maintain action for injury to child or ward
Article 6Libel, Slander, and Invasion of Privacy
12-651Uniform single publication act
12-652Liability of radio or television station owner or agent for defamation published or uttered over station or network
12-653Nonliability for publication made at instance of public officer acting in compliance with law
Article 6.1Libel and Slander Correction and Resulting Damages
12-653.01Definitions
12-653.02Failure to demand or publish or broadcast correction; publication with actual malice; damages; service of demand
12-653.03Failure to publish or broadcast correction; recovery of special and exemplary damages; malice
12-653.04Publication or broadcast of correction prior to demand
12-653.05Exception
Article 7Torts of Minors
12-661Liabilities of parents or legal guardians for malicious or wilful misconduct of minors
Article 8Insufficient Funds Check
12-671Drawing check or draft on no account or insufficient account with intent to defraud; civil action; definition of credit; prima facie evidence
Article 9Product Liability
12-681Definitions
12-682Limitation
12-683Affirmative defenses
12-684Indemnification; tender of defense; execution
12-685Contents of complaint; amount of recovery
12-686Inadmissible evidence; state of the art; modification
12-687Reasonable remedial measures; cause of action; punitive damages
12-688Duty to warn; food products
Article 10Shoplifting
12-691Civil liability for shoplifting; adult; emancipated minor
12-692Shoplifting by unemancipated minor; liability of parent or guardian; foster parents
12-693Conviction for shoplifting; admissibility
12-694Bringing action; court
Article 11Drug and Pharmaceuticals
12-701Drugs; exemplary or punitive damages; definition
Article 12Miscellaneous
12-711Affirmative defense; limitation
12-712Nonliability for damages that result during a criminal act
12-713Emergency call system; liability standard
12-714Actions against firearm manufacturers; prohibition; findings; definitions
12-715Donation of fire or emergency medical services equipment; exemption from civil liability; definition
Article 13Interception or Disclosure of Wire, Oral or Electronic Communications
12-731Recovery of civil damages
Article 14Liability for Year 2000 Date Failures
12-741Definitions
12-742Applicability; exceptions
12-743Notice; inspection; opportunity to cure
12-744Affirmative defense; notice and repair
12-745Affirmative defense; reliance; definition
12-746Affirmative defense; compliance testing; definition
12-747Offset
12-748Remedial measures
Chapter 7SPECIAL ACTIONS AND PROCEEDINGS IN WHICH THE STATE IS A PARTY
Article 1Abatement of Bawdy Houses
12-801General definitions
12-802Abatement of certain nuisances
12-803Parties and scope of action
12-804Temporary injunction; affidavit and verified complaint
12-805Precedence of action; reputation of place as evidence; dismissal; substitution of plaintiffs; costs
12-806Order of abatement; custody of building; fees for closing of premises and sale of movable property
12-807Application of proceeds of sale; sale of building to make up deficiency
12-808Release of property; bond and conditions; exception
12-809Contempt fine as lien on premises; execution
12-810Violation as contempt; classification
Article 1.1Obscene Movie and Obscene Pictorial Publication Abatement
12-811Definitions
12-812Nuisance
12-813Abatement of nuisance
12-814Procedure in injunction action
12-815Priority of action; evidence; costs
12-816Content of judgment and order
12-817Civil penalty; forfeiture; accounting
12-818Petition by commercial operators or qualified electors for action
Article 2Actions Against Public Entities or Public Employees
12-820Definitions
12-820.01Absolute immunity
12-820.02Qualified immunity
12-820.03Affirmative defense
12-820.04Punitive and exemplary damages; immunity
12-820.05Other immunities
12-820.08Potable water systems; standard of care
12-820.09Transportation, distribution or use of remediated water; definitions
12-821General limitation; public employee
12-821.01Authorization of claim against public entity or public employee
12-822Change of venue
12-823Judgment for plaintiff; amount; interest and costs
12-826Report of judgments to legislature by governor; payment
Article 4Contempt of Court
12-861Criminal contempt defined
12-862Order to show cause; service; return; attachment of person or sequestration of property
12-863Trial; classification; appeal
12-864Direct or constructive contempts; punishment
12-864.01Proof of contempt of court
12-865One year limitation on contempt proceeding; contempt proceeding no bar to criminal prosecution
Article 5Escheat
12-881Conditions under which property escheats
12-882Duty of department of revenue regarding escheats; complaint and parties
12-883Summons; service and publication
12-884Judgment and costs
12-885Seizure and sale of escheated property; disposal of proceeds; exception
12-886Claim by heir, devisee or owner of proceeds from sale of escheated property
12-887Determination of claims; appeal
12-888Concurrent authority of the department of revenue
12-889Escheated property; rules and regulations; salary
12-890Agreement to recover property
Article 6Judicial Review of Administrative Decisions
12-901Definitions
12-902Scope of article
12-903Power of supreme court to make procedural rules
12-904Commencement of action; transmission of record
12-905Jurisdiction and venue
12-906Service of process
12-907Appearance of defendants
12-908Parties
12-909Pleadings and record on review
12-910Scope of review
12-911Powers of trial court
12-912Costs
12-913Appellate review
12-914Rules of civil procedure
Article 7Stay of Proceedings Under Statute or Order Claimed Unconstitutional
12-931Proceeding in state court; stay, hearing and precedence of appeal
12-932Proceeding in federal court; jurisdiction of state court; stay, notice and precedence of appeal
Article 8Unclaimed Money or Property in Hands of Public Officer
12-941Disposal of certain unclaimed property in custody of state, county, city or town officer; disposal of found property; disposal of items to charities and museums; sale of coins
12-942Disposal of property unclaimed for ninety days
12-943Petition for disposal or sale of property
12-944Notice of sale; service and publication
12-945Sale of property
12-946Unclaimed money
Article 9Medical Care Cost Recovery
12-961Definitions
12-962Recovery of cost of medical care
12-963Compromise or waiver of claim
12-964Limitation
Article 10Liability for Emergency Services
12-971Definitions
12-972Liability for emergency services
Article 11Actions Against Volunteers
12-981Definitions
12-982Qualified immunity; insurance coverage
12-990Definitions
Article 12Abatement of Crime Property
12-991Nuisance; applicability; residential property used for crime; action to abate and prevent; notice; definitions
12-992Residential property nuisances; temporary restraining order; notice; hearing; costs
12-993Precedence of action; resident actions; costs
12-994Violation; classification
12-995Recording notice of action; subsequent acquisition of property
12-996Appointment of temporary receiver; term; duties; accounting
12-997Closing orders; enforcement; notice; moving assistance; violation; classification
12-998Nuisance; commercial buildings used for crime; action to abate and prevent
12-999Commercial property nuisances; temporary restraining order; notice; hearing
12-1000Clandestine drug laboratories; notice; cleanup; residual contamination; civil penalty; immunity; restitution; violation; classification
12-1001Joint legislative oversight committee on residual contamination of drug properties
Chapter 8SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY
Article 1Action to Quiet Title
12-1101Parties; claim; service on attorney general
12-1102Complaint
12-1103Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state
12-1104Allegation of lien or interest claimed by adverse party; jurisdiction of court to enter decree
Article 2Eminent Domain
12-1111Purposes for which eminent domain may be exercised
12-1112Prerequisites to taking property by condemnation
12-1113Estates in land subject to condemnation
12-1114Private property subject to condemnation
12-1115Right of state to enter and survey property for public use
12-1116Actions for condemnation; immediate possession; money deposit
12-1117Complaint
12-1118Joint or separate actions; consolidation
12-1119Summons; contents; service
12-1120Right to defend action
12-1121Powers of court; precedence
12-1122Ascertainment and assessment of value, damages and benefits
12-1123Accrual of right to compensation and damages; limitation
12-1124Payment of compensation; effect of failure to pay
12-1125Payment of damages in proceedings by railroad
12-1126Final order of condemnation; recording; vesting of property
12-1127Possession by plaintiff after judgment or pending appeal; receipt of payment as abandonment; custody of money paid into court; costs of new trial
12-1128Costs and jury fees
12-1129Dismissal of condemnation action; litigation expenses
12-1130Fees and expenses; appraisal; relocation benefits; applicability
Article 3Eminent Domain for Public Works
12-1141Definitions
12-1142Agencies qualified to institute proceedings; jurisdiction of court; right of plaintiff to enter upon land
12-1143Complaint
12-1144Inclusion of separate parcels in single action
12-1145Notice of proceedings; effect of filing notice
12-1146Waiver of certain rights by persons in interest; determination of issues; judgment on issues; appointment of guardian ad litem
12-1147Special master; duties; qualifications; compensation; oath; limitation upon powers
12-1148Notice of hearing by special master
12-1149Hearing by special master
12-1150Admissibility of certain evidence before special master; effect of increased property value upon award
12-1151Limitation on time for filing report of special master
12-1152Notice of filing report and of hearing objections to report; waiver of right to object
12-1153Final judgment; hearing objections to findings or report; proceedings upon rejection of report; vesting of property
12-1154Filing certified copy of judgment
12-1155Application by plaintiff to take possession; notice of hearing; money deposit; bond in lieu of deposit; judgment for deficiency
12-1156Right to dismiss
12-1157Effect of vesting of title
12-1158Effect of payment into court; security; disbursement
12-1159Action to recover award paid to wrong person
12-1160Appeal; stay of proceedings; bond
12-1161Costs
12-1162Supplemental nature of article; procedure
Article 4Forcible Entry and Detainer
12-1171Acts which constitute forcible entry or detainer
12-1172Definition of forcible entry
12-1173Definition of forcible detainer; substitution of parties
12-1173.01Additional definition of forcible detainer
12-1174Immateriality of time possession obtained by tenant
12-1175Complaint and answer; service and return
12-1176Demand for jury; trial procedure
12-1177Trial and issue; postponement of trial
12-1178Judgment; writ of restitution; limitation on issuance
12-1179Appeal to superior court; notice; bond
12-1180Stay of proceedings on judgment; record on appeal
12-1181Trial and judgment on appeal; writ of restitution
12-1182Appeal to supreme court; stay and bond
12-1183Proceedings no bar to certain actions
Article 5Lis Pendens
12-1191Notice of pendency of action affecting title to real property; filing; constructive notice to purchaser or encumbrancer; release of notice of pendency of action; failure to issue release; liability
Article 6Opening Private Way of Necessity
12-1201Private way of necessity defined
12-1202Right to private way of necessity; limitation
12-1203Violation; classification
Article 7Partition
12-1211Compelling partition; complaint
12-1212Unknown owner; notice and service by publication; protection of rights in decree
12-1213Hearing and issues
12-1214Abstract of title; inspection; cost
12-1215Entry and contents of judgment; appointment of commissioners; surveyor
12-1216Duties of commissioners
12-1217Report of commissioners
12-1218Report of commissioners when property incapable of fair division; sale; distribution of proceeds
12-1219Objection to commissioner's report; hearing
12-1220Partition involving future estates; title of property after partition
12-1221Effect of judgment confirming report of commissioners
12-1222Partition of personal property; parties
12-1223Writ of possession or sale of personal property
12-1224Proceedings not exclusive; rules of procedure
12-1225Compensation of commissioners and surveyor
Article 8Receivership
12-1241Power of superior court to appoint receiver
12-1242Application for appointment of receiver; verification; service; notice of hearing; restraining order pending hearing
Article 9Recovery of Real Property
12-1251Right of recovery; procedure
12-1252Title of plaintiff; joint owners; proof
12-1253Defendant as tenant; substitution of landlord; notice of action
12-1254Survey; order; service of order
12-1255Verdict
12-1256Damages; limitation; setoff
12-1257Liability of tenant
12-1258Allegation of growing crops; stay of execution; bond and conditions
12-1259Judgment for plaintiff for rental value from time of judgment to delivery of possession
Article 10Recovery of Rent or for Use of Real Property
12-1271Action to recover rent or to recover for use of real property
Article 11Redemption
12-1281Parties entitled to redeem property
12-1282Time for redemption
12-1283Redemption upon foreclosure
12-1284Notice of redemption by subsequent lienholder
12-1285Amounts payable upon redemption
12-1286Execution and delivery of deed by sheriff
12-1287Delivery and service of papers by redeeming creditor
12-1288Right to rents and profits; accounting and action
12-1289Restraint of waste during redemption period; acts not constituting waste
Article 12Replevin
12-1301Affidavit to obtain possession
12-1302Order for taking property
12-1303Bond; amount and conditions
12-1304Execution of order for delivery to claimant; redelivery bond
12-1305Filing of bonds
12-1306Defect in bond; retaking of property
12-1307Verdicts in actions to recover specific personal property
12-1308Finding for defendant; judgment; election to take value or property
12-1309Finding for defendant; property not in possession of plaintiff; judgment
12-1310Finding for plaintiff; property in possession of defendant; election to take value or property
12-1311Failure to deliver property; election by prevailing party
12-1312Vesting of title to property
12-1313Exoneration and liability of officer on bonds
12-1314Execution issuable for delivery of property; procedure
Article 13Trial of Title to Personal Property Under Levy
12-1331Claim of property levied upon; bond
12-1332Conditions of bond
12-1333Delivery of property to claimant; return of claim and bond
12-1334Endorsement on writ and return
12-1335Jurisdiction of trial; docketing of action
12-1336Direction of issue
12-1337Judgment by default
12-1338Trial and burden of proof
12-1339Judgment; limitation on time for issuance of execution
12-1340Satisfaction of judgment by claimant
12-1341Release of officer; other levies
Article 14Purchaser Dwelling Actions
12-1361Definitions
12-1362Dwelling action; jurisdictional prerequisite; insurance
12-1363Notice and opportunity to repair
12-1364Dwelling action; attorney fees, costs and expert witness fees
12-1365Notification; right to file a complaint with the registrar of contractors
12-1366Applicability; claims and actions
Chapter 9SPECIAL ACTIONS AND PROCEEDINGS TO ENFORCE CLAIMS OR JUDGMENTS
Article 1Arbitration
12-1501Validity of arbitration agreement
12-1502Proceedings to compel or stay arbitration
12-1503Appointment of arbitrators by court
12-1504Majority action by arbitrators
12-1505Hearing
12-1506Representation by attorney
12-1507Witnesses; subpoenas; depositions
12-1508Award
12-1509Change of award by arbitrators
12-1510Fees and expenses of arbitration
12-1511Confirmation of an award
12-1512Opposition to an award
12-1513Modification or correction of award
12-1514Judgment or decree on award
12-1515Applications to court
12-1516Court; jurisdiction and venue
12-1517Limited effect of article
12-1518State and political subdivisions; use of arbitration
Article 2Attachment
12-1521Attachment of property of defendant
12-1522Affidavit for issuance of writ of attachment
12-1523Issuance of writ for debt or demand not due; affidavit; trial; judgment
12-1524Attachment bond of plaintiff
12-1525Quashing of writ; criteria of validity of affidavit and bond
12-1526Issuance of writ; contents
12-1528Issuance of writ to several counties; form of writ; delivery for service
12-1529Execution of writ; indemnity bond for attaching officer
12-1530Levy of writ; attachment of real or personal property
12-1531Return of writ; duties of officer; further return
12-1532Levy of attachment as lien on property; satisfaction of lien
12-1533Attachment of perishable property; sale; procedure
12-1534Disposition of proceeds of sale of perishable property; report of sale
12-1535Preservation of personal property under attachment
12-1536Replevin of attached property by defendant; bond
12-1537Restoration of property or exoneration of bond; levy on exempt property
12-1538Judgment where personal property replevied
Article 3Execution of Judgments
12-1551Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemptions
12-1552Types of executions; form
12-1553General execution
12-1554Special execution
12-1555Return of execution
12-1556Judgment requiring performance of other acts; service
12-1557Issuance of writ to several counties
12-1558Property subject to execution
12-1559Levy of writ of execution; real property; personal property; livestock; shares of stock; partnership interests
12-1560New trial after service by publication; superseding judgment
12-1561Judgment creditor having prior lien
12-1562Duties of officer in execution; disposition of proceeds; rights of judgment debtor
12-1563Impeding recovery by action or judgment of personal property; classification
12-1564Indemnification of officer for levy; recovery of costs
12-1565Storage of levied property; costs
12-1566Execution upon judgments for debts secured by real property; fair market value; hearing; redemption rights; guarantees; applicability
Article 4Garnishment of Monies or Property
12-1570Definitions
12-1570.01Scope of article
12-1571Issuance of writ
12-1572Application for writ of garnishment for monies or property
12-1573Bond amount and conditions
12-1574Issuance, service and return of writ; notice to debtor
12-1577Service of writ on branch of financial institution
12-1578Limitations on transfers by garnishee after service; replevin by judgment debtor
12-1578.01Time for answer
12-1579Answer of garnishee
12-1580Objection to garnishment or answer; hearing
12-1581Discharge of garnishee
12-1582Notice to garnishee of dismissal; hearing on costs and attorney's fee
12-1583Judgment by default against garnishee
12-1584Judgment against garnishee; objection; hearing
12-1585Order regarding personal property subject to garnishment; objection; hearing
12-1587Discharge of garnishee if judgment or order not obtained within ninety days; exceptions
12-1588Answer disclosing shares of stock; judgment and sale
12-1591Taxing costs
12-1592Obedience of garnishee to judgment as bar
12-1593Contempt proceedings
12-1595Garnishment of bank account in names of two or more persons; bond of judgment creditor
12-1596Forms
12-1597Mailing; receipt; presumptions
Article 4.1Garnishment of Earnings
12-1598Definitions
12-1598.01Scope of article
12-1598.02Grounds for issuance of writ of garnishment of earnings
12-1598.03Application for writ of garnishment for earnings
12-1598.04Issuance of writ of garnishment for earnings; service and return of writ; lien on nonexempt earnings
12-1598.05Initial lien
12-1598.06Time for answer
12-1598.07Objection to garnishment, answer or nonexempt earnings statement; hearing
12-1598.08Answer of garnishee to writ of garnishment of earnings; filing; delivery; notice
12-1598.09Discharge of garnishee
12-1598.10Continuing lien on earnings; order
12-1598.11Continuing lien procedure; nonexempt earnings statement
12-1598.12Reporting by judgment creditor
12-1598.13Contempt proceedings; default of garnishee
12-1598.14Priority
12-1598.15Taxing costs
12-1598.16Forms
12-1598.17Mailing; receipt; presumptions
Article 5Garnishment of Salaries and Wages of Public Officers and Employees
12-1601Salaries subject to garnishment
12-1602Service of writ and answer
12-1603Procedure
12-1604Liability of officer for failure to perform duties
Article 6Renewal of Judgment
12-1611Renewal by action
12-1612Renewal by affidavit
12-1613Docketing and recording affidavit of renewal; effect
Article 7Sales Under Execution
12-1621Notice of sale; perishable, personal and real property; posting, publication and place of sale
12-1622Procedure in selling property under execution
12-1623Postponement of sale
12-1624Liability of bidder for failure to pay; resale and recovery of loss and costs
12-1625Delivery of property and certificate of sale
12-1626Sale of real property and rights of purchaser; delivery and recording of certificate of sale
Article 8Supplemental Proceedings
12-1631Order for appearance of debtor; limitation
12-1632Disclosure of property; execution
12-1633Payment to officer by third party; discharge; citation to third party
12-1634Attendance of witnesses; application of property toward satisfaction of judgment
12-1635Action by judgment creditors
Article 9Suretyship
12-1641Action by creditor; failure to bring action and effect
12-1642Determination of issue between principal and surety; finding for surety and order of levy
12-1643Subrogation of surety to rights of judgment creditor; execution against debtor
12-1644Issuance of execution for repayment and contribution
12-1645Issuance of execution against principal by officer paying judgment
12-1646Extension of remedy
Article 11Revised Uniform Enforcement of Foreign Judgments Act
12-1701Definition
12-1702Filing and status of foreign judgments
12-1703Notice of filing
12-1704Stay of enforcement of judgment
12-1705Filing fees
12-1706Other rights of enforcement
12-1707Uniformity of interpretation
12-1708Short title
Chapter 10MISCELLANEOUS SPECIAL ACTIONS AND PROCEEDINGS
Article 1Injunctions
12-1801Granting of injunctions; grounds
12-1802Prohibition upon granting injunctions for certain purposes
12-1803Times at which injunction may be granted; verified complaint required; service of copy of complaint or affidavits
12-1804Notice of hearing on injunction; service upon adverse party
12-1805Limitations on injunction to stay judgment or proceedings at law
12-1806Limitations on injunction to stay execution on judgments
12-1807Preliminary injunction, injunction or temporary restraining order against working lode, placer or mining claim; prohibition; exception
12-1808Injunction between parties to labor dispute; conditions requisite to issuance; limitations
12-1809Injunction against harassment; petition; venue; fees; notices; enforcement; definition
12-1810Injunction against workplace harassment; definitions
Article 2Uniform Declaratory Judgments Act
12-1831Scope
12-1832Power to construe, etc.
12-1833Before breach
12-1834Personal representatives, etc.; declaration of rights
12-1835Enumeration not exclusive
12-1836Discretionary
12-1837Review
12-1838Supplemental relief
12-1839Jury trial
12-1840Costs
12-1841Parties; notice of claim of unconstitutionality
12-1842Construction
12-1843Words construed
12-1844Provisions severable
12-1845Uniformity of interpretation
12-1846Short title
Article 3Certification of Questions of Law Act
12-1861Supreme court; questions of law certified by other courts
12-1862Invocation of proceedings
12-1863Certification order; contents
12-1864Preparation and transmission of certification order
12-1865Fees and costs
12-1866Proceedings in the supreme court
12-1867Opinion of supreme court
Chapter 11EXTRAORDINARY LEGAL REMEDIES
Article 1Certiorari
12-2001Granting of writ
12-2002Application for writ; grant of writ
12-2003Contents of writ
12-2004Stay of proceedings
12-2005Service of writ
12-2006Extent of review
12-2007Denial of return to writ; hearing; transmittal of judgment; appeal
Article 2Mandamus
12-2021Issuance of writ
12-2022Alternative or peremptory writ
12-2023Application for writ; notice; hearing on default
12-2024Answer and reply
12-2025Trial; order; jury; place of trial; procedure
12-2026Motion for new trial; retrial
12-2027Determination of questions of law
12-2028Writ of mandamus; service
12-2029Disobedience of writ; classification
12-2030Mandamus action; award of fees and other expenses against the state or political subdivision; definition
Article 3Quo Warranto
12-2041Action by attorney general; venue
12-2042Action by county attorney
12-2043Failure of attorney general or county attorney to bring action for claimant of office
12-2044Adjudication of office; damages; several claimants
12-2045Judgment of usurpation; classification
Chapter 12APPEALS
Article 1In General
12-2101Judgments and orders which may be appealed
12-2101.01Appeals from arbitration awards
12-2102Scope of review by supreme court upon appeal from final judgment
12-2103Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur
12-2104Remittitur or additur by supreme court
12-2105Extent of judgment against surety on bond for costs on appeal or supersedeas bond; direction when money deposited in lieu of bond
12-2106Penalty for taking frivolous appeal or appeal for delay
12-2107Filing fees on appeal; exception
Chapter 13EVIDENCE
Article 1Competency of Witnesses
12-2201Persons who may be witnesses
12-2202Persons who may not be witnesses
Article 2Duties and Privileges of Witnesses
12-2211Attendance of witnesses; punishment for failure to appear or testify
12-2212Subpoena by public officer; contempt
12-2213Privilege from arrest; exceptions
12-2214Requirements for subpoena of media witnesses
Article 3Oath and Affirmation
12-2221Manner of administering oath or affirmation; persons authorized to administer
12-2222Officers authorized to administer oaths
12-2223Persons authorized to administer oath or affirmation within or without United States
Article 4Privileged Communications
12-2231Husband and wife; antimarital fact
12-2232Husband and wife; privileged communications
12-2233Clergyman or priest and penitent
12-2234Attorney and client
12-2235Doctor and patient
12-2236Waiver of privilege as to attorney or doctor
12-2237Reporter and informant
12-2238Mediation; privileged communications; exceptions; liability; definition
12-2239Domestic violence victim advocate; privilege; training; exception; definition
Article 5Testimony in Actions Involving Executors, Administrators or Guardians
12-2251Limitations on testimony in actions by or against personal representatives, administrators, guardians or conservators
Article 6Documentary Evidence
12-2261Instruments which may be acknowledged; receipt of acknowledged instruments in evidence
12-2263Admissibility in evidence of certified copies of documents on file with state and county officers
12-2264Evidentiary value of birth and death certificates
12-2265Marriage certificate as prima facie evidence of marriage; other evidence competent to prove marriage
12-2266Certificate of purchase, location or receiver's receipt as prima facie evidence of right to possession
Article 7.1Medical Records
12-2291Definitions
12-2292Confidentiality of medical records and payment records
12-2293Release of medical records and payment records to patients and health care decision makers; definition
12-2294Release of medical records and payment records to third parties
12-2294.01Release of medical records or payment records to third parties pursuant to subpoena
12-2295Charges
12-2296Immunity
12-2297Retention of records
Article 8Evidence of Advance Payment
12-2301Definitions
12-2302Admissibility of evidence of advance payment
Article 9Silent Witness Program Records
12-2311Definition of silent witness or crime stopper program
12-2312Admissibility of silent witness or crime stopper program records
Chapter 14PROVISIONAL REMEDIES
Article 1General Provisions
12-2401Definitions
12-2402Provisional remedies without notice; grounds for issuance
12-2403Provisional remedies with notice; grounds
12-2404Application for provisional remedy with notice
12-2405Notice; form of notice
12-2406Service of notice and application
12-2407Time to request hearing date; form of request
12-2408Default
12-2409Judicial review of application; issuance of provisional remedies
12-2410Hearing; procedure; issues
12-2411Attorney's fees
12-2412Waiver of right to a hearing void
Chapter 15EMANCIPATION OF MINORS
Article 1General Provisions
12-2451Petition for emancipation order; requirements; notification; representation; waiver of filing fees
12-2452Additional court orders
12-2453Factors; best interests of minor; burden of proof; emancipation orders; filing requirements
12-2454Effect of emancipation
12-2455Recognition of emancipation from another jurisdiction
12-2456Emancipation administrative costs fund; purpose; report; collection of information
Chapter 16UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT
Article 1General Provisions
12-2501Right to contribution; definition
12-2502Pro rata shares
12-2503Enforcement
12-2504Release or covenant not to sue
12-2505Comparative negligence; definition
12-2506Joint and several liability abolished; exception; apportionment of degrees of fault; definitions
12-2507Treatment of counterclaims and cross claims
12-2508Redetermination of contribution shares
12-2509Scope of contribution and comparative negligence
Chapter 17CLAIMS AGAINST LICENSED PROFESSIONALS
Article 1General Provisions
12-2601Definitions
12-2602Preliminary expert opinion testimony; certification
12-2603Preliminary expert opinion testimony against health care professionals; certification; definitions
12-2604Expert witness qualifications; medical malpractice actions
12-2605Evidence of admissions; civil proceedings; unanticipated outcomes; medical care
Chapter 18IMMIGRATION AND NATIONALITY LAW PRACTICE ACT
Article 1General Provisions
12-2701Definitions
12-2702Representation; definition
12-2703Scope of remedies; violation; classification
12-2704Unlawful practices; investigation
Chapter 19GENETIC TESTING
Article 1General Provisions
12-2801Definitions
12-2802Confidentiality of genetic testing results; disclosure
12-2803Testing of minors; notice to parents; informed consent
12-2804Public records
Chapter 20STRUCTURED SETTLEMENTS
Article 1General Provisions
12-2901Definitions
12-2902Payment rights; transfer conditions
12-2903Jurisdiction: transfer approval
12-2904Waiver; penalties

Richard Keyt is a business, transactions, contracts, real estate, estate planning and internet law attorney licensed to practice law in Arizona.  He has provided legal services to businesses and people in Arizona since 1980.  Formerly a partner at one of the largest law firms in Arizona, Rick now provides big firm quality legal services at small firm rates.  Rick can be reached by telephone at 602-906-4953, ext. 3, email at  rickkeyt@keytlaw.com and fax at 602-297-6890.  Rick's Arizona law, internet, e-commerce and domain name law web site is KEYTLaw, located at www.keytlaw.com.  Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege.

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