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

Arizona Revised Statutes Title 12

Courts and Civil Procedures

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
12-104Affixing 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
12-169Rules 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
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
12-262Submission 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
12-284.01Document 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
12-299.01Submission 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
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
Article 1In General
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
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
12-522Real 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
Article 1General Provisions
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
12-582Election 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
Article 1Change of Name
12-601Application; venue; judgment
12-602Notice of application; effect of change on rights and obligations
Article 2Death by Wrongful Act
12-612Parties 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
12-632Unlawful 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
12-653.02Failure 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
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
12-683Affirmative 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
12-742Applicability; exceptions
12-743Notice; inspection; opportunity to cure
12-744Affirmative defense; notice and repair
12-745Affirmative defense; reliance; definition
12-746Affirmative defense; compliance testing; definition
12-748Remedial measures
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
12-813Abatement 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
12-820.01Absolute 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
12-902Scope 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
12-909Pleadings and record on review
12-910Scope of review
12-911Powers of trial court
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
12-962Recovery of cost of medical care
12-963Compromise or waiver of claim
Article 10Liability for Emergency Services
12-972Liability for emergency services
Article 11Actions Against Volunteers
12-982Qualified immunity; insurance coverage
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
Article 1Action to Quiet Title
12-1101Parties; claim; service on attorney general
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
12-1118Joint 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
12-1142Agencies qualified to institute proceedings; jurisdiction of court; right of plaintiff to enter upon land
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
12-1162Supplemental 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
12-1256Damages; 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
12-1362Dwelling 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
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
12-1506Representation by attorney
12-1507Witnesses; subpoenas; depositions
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
12-1570.01Scope 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
12-1597Mailing; receipt; presumptions
Article 4.1Garnishment of Earnings
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
12-1598.15Taxing costs
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
12-1604Liability 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
12-1702Filing 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
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
12-1832Power to construe, etc.
12-1833Before breach
12-1834Personal representatives, etc.; declaration of rights
12-1835Enumeration not exclusive
12-1838Supplemental relief
12-1839Jury trial
12-1841Parties; notice of claim of unconstitutionality
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
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
12-2292Confidentiality 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
12-2297Retention of records
Article 8Evidence of Advance Payment
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
Article 1General Provisions
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
12-2409Judicial review of application; issuance of provisional remedies
12-2410Hearing; procedure; issues
12-2411Attorney's fees
12-2412Waiver of right to a hearing void
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
Article 1General Provisions
12-2501Right to contribution; definition
12-2502Pro rata shares
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
Article 1General Provisions
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
Article 1General Provisions
12-2702Representation; definition
12-2703Scope of remedies; violation; classification
12-2704Unlawful practices; investigation
Article 1General Provisions
12-2802Confidentiality of genetic testing results; disclosure
12-2803Testing of minors; notice to parents; informed consent
12-2804Public records
Article 1General Provisions
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.

KEYTLaw does not guaranty that the Arizona Revised Statutes displayed on www.keytlaw.com are current or complete versions of Arizona statutory law.  The statutory information is furnished "as is" and it may not include the current version of the law or new Arizona statutes.  See the Arizona State Legislature's web site for more information about the most recent version of Arizona statutes.



This page was last modified on May 27, 2009.

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