There is a newer version of the Arizona Revised Statutes
2005 Arizona Revised Statutes - Title 12 - Courts and Civil Proceedings
Chapter 1 - COURTS OF RECORDArticle 1 - The Supreme Court
- §12-101 Judges; number; term; election
- §12-102 Jurisdiction and duties; court appointments; contract and volunteer service providers; background investigations; fingerprinting
- §12-102.01 Criminal case processing and enforcement improvement fund
- §12-102.02 State aid to the courts fund
- §12-102.03 Local courts assistance fund
- §12-103 Seal
- §12-104 Affixing of seal
- §12-105 Days for transaction of business
- §12-106 Salary of justices
- §12-107 Publication of opinions
- §12-108 Reports of decisions; publication; distribution; publication cost
- §12-109 Promulgation of rules of pleading, practice and procedure; distribution
- §12-110 Advisory board; objections to rules
- §12-111 Statutes as rules of court
- §12-112 Education program for justices and magistrates
- §12-113 Judicial collection enhancement fund; purpose; administration; report; definition
- §12-114 Surcharge on court ordered diversion programs for traffic offenses; deposit
- §12-114.01 Probation surcharge; deposit
- §12-115 Additional filing, appearance and answer or response fees; deposit
- §12-116; Version 2 Time payment fee
- §12-116 Time payment fee
- §12-116.01 Assessments; fund deposits
- §12-116.02 Penalty assessments; fund deposits
- §12-116.03 Collection agencies
- §12-117 Public defender training fund; appropriation
- §12-118 Use of credit cards by courts
- §12-119 Facilities management
- §12-119.01 Supreme court fees; distribution
- §12-119.02 Electronic filing and access; fee
- §12-119.03 Performance audit; supreme court administration and programs
Article 1.1 - Court of Appeals
- §12-120 Creation of court of appeals; court of record; composition; sessions
- §12-120.01 Qualifications of judges; terms; ballots; vacancies
- §12-120.02 Election of judges
- §12-120.03 Salary of judges
- §12-120.04 Chief judge; duties
- §12-120.05 Seal; affixing of seal
- §12-120.06 Days for transaction of business
- §12-120.07 Opinions; publication
- §12-120.08 Appointment of clerk; oath; compensation
- §12-120.09 Duties of clerk; records; certified copies
- §12-120.10 Post of duty
Article 1.2 - Jurisdiction and Venue
- §12-120.21 Jurisdiction and venue
- §12-120.22 Appeals; transfer of case, appeal or petition for a writ
- §12-120.23 Transfer of case and appeal by the supreme court
- §12-120.24 Rehearing review by supreme court; issuance of mandate
Article 1.3 - Fees and Costs
Article 2 - The Superior Court
- §12-121 Number of judges; petition for approval of additional judges; additional method
- §12-122 General power of superior court
- §12-123 Jurisdiction and powers
- §12-124 Appellate jurisdiction; issuance of writs
- §12-125 Procedure for appeal when not prescribed
- §12-126 Seal; affixing of seal
- §12-127 Days for transaction of business; exceptions
- §12-128 Salary of judges; payment by state and counties
- §12-128.01 Receipt of salary by judges and commissioners; affidavit; pending and undetermined causes; violation; classification
- §12-129 Expenses of judge sitting in other county or supreme court
- §12-130 Place of holding court; accommodations
- §12-133 Arbitration of claims; agreement of reference; arbitration award; powers of arbitrators; compensation of arbitrators; appeals; deposits; costs
- §12-134 Mediation; fee
- §12-135 Alternative dispute resolution fund
- §12-135.01 Local alternative dispute resolution fund; report
- §12-136 Indian tribal courts; involuntary commitment orders; recognition
Article 3 - Judges Pro Tempore
- §12-141 Appointment of judges pro tempore
- §12-142 Qualifications of judge pro tempore; residence; salary; exclusion from retirement provisions
- §12-143 Payment of salaries and other expenses; providing facilities; judicial employees
- §12-144 Limitations; term; reappointment; extension of duties; powers and duties
- §12-145 Appointment of judges pro tempore of the court of appeals
- §12-146 Qualifications of court of appeals judge pro tempore; residence; salary; exclusion from retirement provisions
- §12-147 Limitations; term; reappointment; extension of duties; powers and duties
Article 4 - Tax Court
- §12-161 Definition of tax court
- §12-162 Administration of the tax court; principal office; travel expenses; facilities; employees
- §12-163 Assignment to tax court
- §12-164 Qualifications and assignment of tax judge; qualifications and appointments of judges pro tempore and commissioners assigned to the tax court
- §12-165 Venue; change of judge
- §12-166 Commencement of proceedings
- §12-167 Filing fees; filing by mail
- §12-168 Proceedings
- §12-169 Rules of procedure; reporting
- §12-170 Decisions; judgment; appeal
- §12-171 Publication of decisions
- §12-172 Small claims procedures; election; judge
- §12-173 Notice; dismissal; removal
- §12-174 Hearing; representation; no appeal right
Article 1 - Clerk of the Supreme Court
- §12-201 Oath; office; deputies
- §12-202 Duties; record of proceedings; certified copies
- §12-202.01 Preservation and destruction of records
- §12-203 Salary of clerk and deputy; administrative director
Article 2 - Court Commissioner
- §12-211 Appointment; qualifications and residence
- §12-212 Powers; compensation
- §12-213 Commissioners in certain counties; appointment; powers and duties; salary
Article 3 - Court Reporter
- §12-221 Appointment and oath
- §12-223 Attendance at and report of proceedings; sale of transcripts
- §12-224 Salary; fees for transcripts; free transcripts; office supplies
- §12-225 Appointment of deputies; compensation
Article 4 - Bailiff
Article 5 - Interpreter
- §12-241 Appointment; court attendance
- §12-242; Version 2 Interpreters for deaf persons; proceedings; definitions
- §12-242 Interpreters for deaf persons; proceedings; definitions
Article 6 - Adult Probation Officer
- §12-251 Adult probation officers and support staff; appointment; qualifications
- §12-252 Salaries and expenses
- §12-253 Powers and duties
- §12-254 Chief adult probation officer; duties; other officers' duties
- §12-255 Private enterprise probation services
Article 6.1 - Adult Surveillance Officers
- §12-259 Adult surveillance officers; appointment; qualifications; salaries; expenses
- §12-259.01 Powers and duties
Article 7 - State Aid for Probation Services
- §12-261 Administration
- §12-262 Submission of plan; use of funds; report
- §12-263 Approval and revocation of plans
- §12-264 Continued allocation of funds
- §12-265 Allocation of funds; prohibition
- §12-266 Administrative personnel
- §12-267 Adult probation services fund; accounts; expenditure plan; use
- §12-268 Juvenile probation fund; use
- §12-269 Probation funding; counties with a population of two million or more persons; surcharge; support
Article 8 - Clerk of Superior Court
- §12-281 Oath; bond; salary; prohibition
- §12-282 Custody of records filed; purging; destruction; microphotography; electronic imaging; evidence; withdrawal of voucher; exemption; child support information
- §12-283 Powers and duties
- §12-284 Fees
- §12-284.01 Document storage and retrieval conversion fund; purpose
- §12-284.02 Electronic filing and access; fee
- §12-284.03 Distribution of fees
- §12-285 Refusal of clerk to disburse fine or forfeiture; classification
- §12-286 Investment of deposits; definition
- §12-287 Clerk of the superior court victim location fund; exemption from lapsing
- §12-288 Removal of debts from accounting system
- §12-289 Spousal maintenance enforcement enhancement fund; surcharge
Article 10 - Family Law Referee
Article 11 - Community Punishment Program
- §12-299 Definitions
- §12-299.01 Submission of plan; use of monies; prohibitions
- §12-299.02 Community punishment advisory committee; duties
- §12-299.03 Duties of the supreme court; evaluation
- §12-299.04 Budget requests
- §12-299.05 Administrative personnel
Article 1 - Fees in General
- §12-301 Time of payment of fees; effect of failure to collect
- §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
- §12-303 Witness fees and mileage
- §12-304 Exemption of state, county, city, town or political subdivision of a county from court fees
- §12-305 Law library fund
Article 2 - Fees in the Superior Court
- §12-311 Filing, appearance, judgment and decree fees
- §12-312 Fees for intervenors and new parties
- §12-313 Probate conservatorship, guardianship and fiduciary fees
- §12-314 Prohibition upon rule allowing tax, charge or allowance
Article 3 - Fees in the Supreme Court
- §12-321 Appeals or original applications
- §12-322 Notice of prepayment; effect of failure to pay
- §12-323 Certificate of admission to the practice of law; certified copies of papers; background investigation
Article 4 - Costs Defined
- §12-331 Taxable costs in supreme court
- §12-332 Taxable costs and jury fee in superior court
- §12-333 Disallowance as costs of charge for unrequired papers
Article 5 - Recovery of Costs
- §12-341 Recovery of costs
- §12-341.01 Recovery of attorney fees
- §12-342 Costs on appeal
- §12-343 Costs of new trial, arrest of judgment or insufficient pleadings
- §12-344 Costs upon splitting of action
- §12-345 Exemption of state, county, city, town or political subdivision of a county from court fees
- §12-346 Statement of costs; service and objections
- §12-347 Inclusion of costs and interest in judgment
- §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
- §12-349 Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
- §12-350 Determination of award; reasons; factors
- §12-351 Costs of compliance with subpoena for production of documentary evidence; payment by requesting party; definitions
- §12-352 Medical malpractice judgments; payment of interest; definition
Article 1 - In General
- §12-401 Venue
- §12-402 Venue of actions commenced after organization of new county
- §12-403 Transfer of action to new county
- §12-404 Action brought in wrong county; jurisdiction; application for transfer; hearing
- §12-405 Change of venue by consent
- §12-406 Change of venue for cause; grounds; bond; appeal
- §12-407 Order for change of venue; transmittal of papers; payment of fees and costs; effect of failure to pay
- §12-408 Procedure for change of venue when county is a party
- §12-409 Change of judge; grounds; affidavit
- §12-410 Punishment for contempt for filing affidavit for change of judge prohibited
- §12-411 Limitation on changes of venue or judge; selection of county or judge
Article 1 - General Provisions
- §12-501 Effect of absence from state
- §12-502 Effect of minority or insanity
- §12-503 Tacking of disabilities prohibited
- §12-504 Saving of action timely commenced; defense or counterclaim; improper plaintiff; applicability
- §12-505 Effect of statute changing limitation
- §12-506 Action barred by foreign statute of limitation, bankruptcy or insolvency
- §12-507 Action against person removing to this state
- §12-508 Effect of acknowledgment upon barred action
- §12-509 Presumption of death from five year absence; restoration of estate recovered upon presumption
- §12-510 Exemption of state from limitations
- §12-511 Civil action arising from criminal conduct; definitions
Article 2 - Real Actions
- §12-521 Definitions
- §12-522 Real property claimed only by right of possession; two year limitation
- §12-523 Real property in adverse possession under title or color of title; three year limitation
- §12-524 City lot claimed under recorded deed; five year limitation
- §12-525 Real property in adverse possession and use under duly recorded deed with possessor paying taxes; five year limitation; exception
- §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
- §12-527 Effect of limitation on title
- §12-528 Persons under disability
- §12-529 Defenses available for certain actions by the state or person claiming through the state
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
- §12-542 Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation
- §12-543 Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation
- §12-544 Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; four year limitation
- §12-545 Bond of personal representative or guardian; four year limitation
- §12-546 Specific performance of contract to convey realty; four year limitation
- §12-547 Failure to make return on execution; five year limitation
- §12-548 Contract in writing for debt; six year limitation
- §12-549 Foreign judgment
- §12-550 General limitation
- §12-551 Product liability
- §12-552 Actions involving development of real property design, engineering and construction of improvements
- §12-553 Limited liability of equine owners and owners of equine facilities; exception; definitions
- §12-554 Limited liability; baseball facilities; definitions
- §12-555 Uninsured and underinsured motorist coverage; claims; time limits
- §12-556 Limited liability; closed‑course motor sport facility owners, lessors and operators; definitions
Article 1 - General Provisions
- §12-561 Definitions
- §12-562 Medical malpractice actions; grounds
- §12-563 Necessary elements of proof
- §12-565 Health care actions; collateral source evidence
- §12-566 Health care actions; complaint; specific amount of damages not to be stated
- §12-568 Review of attorneys' fees in health care actions; guidelines
- §12-569 Non-admissibility of certain types of evidence relating to professional liability insurance
- §12-570 Malpractice settlement or award reporting; civil penalty; definition
- §12-571 Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
Article 2 - Periodic Payments
- §12-581 Definitions
- §12-582 Election of periodic payments
- §12-583 Good cause hearing
- §12-584 Special findings; future damages
- §12-585 Evidence of future damages
- §12-586 Entering a judgment for future damages
- §12-587 Funding judgments for periodic installments
- §12-588 Form of funding
- §12-589 Discounting future damages to present value
- §12-590 Effect of death on periodic installments
- §12-591 Assignment of periodic installments
- §12-592 Exemption of benefits
- §12-593 Duties of the director of the department of insurance and insurance companies
- §12-594 Arbitration and settlement agreements
Article 1 - Change of Name
- §12-601 Application; venue; judgment
- §12-602 Notice of application; effect of change on rights and obligations
Article 2 - Death by Wrongful Act
- §12-611 Liability
- §12-612 Parties plaintiff; recovery; distribution
- §12-613 Measure of damages; nonliability for debts of decedent
Article 3 - Establishing Identity
- §12-621 Procedure to establish identity of persons
- §12-622 Notice of hearing; effect of establishing identity
Article 4 - Motor Vehicle Subleasing
Article 5 - Injury to Child or Ward
Article 6 - Libel, Slander, and Invasion of Privacy
- §12-651 Uniform single publication act
- §12-652 Liability of radio or television station owner or agent for defamation published or uttered over station or network
- §12-653 Nonliability for publication made at instance of public officer acting in compliance with law
Article 6.1 - Libel and Slander Correction and Resulting Damages
- §12-653.01 Definitions
- §12-653.02 Failure to demand or publish or broadcast correction; publication with actual malice; damages; service of demand
- §12-653.03 Failure to publish or broadcast correction; recovery of special and exemplary damages; malice
- §12-653.04 Publication or broadcast of correction prior to demand
- §12-653.05 Exception
Article 7 - Torts of Minors
Article 8 - Insufficient Funds Check
Article 9 - Product Liability
- §12-681 Definitions
- §12-682 Limitation
- §12-683 Affirmative defenses
- §12-684 Indemnification; tender of defense; execution
- §12-685 Contents of complaint; amount of recovery
- §12-686 Inadmissible evidence; state of the art; modification
- §12-687 Reasonable remedial measures; cause of action; punitive damages
- §12-688 Duty to warn; food products
Article 10 - Shoplifting
- §12-691 Civil liability for shoplifting; adult; emancipated minor
- §12-692 Shoplifting by unemancipated minor; liability of parent or guardian; foster parents
- §12-693 Conviction for shoplifting; admissibility
- §12-694 Bringing action; court
Article 11 - Drug and Pharmaceuticals
Article 12 - Miscellaneous
- §12-711 Affirmative defense; limitation
- §12-712 Nonliability for damages that result during a criminal act
- §12-713 Emergency call system; liability standard
- §12-714 Actions against firearm manufacturers; prohibition; findings; definitions
- §12-715 Donation of fire or emergency medical services equipment; exemption from civil liability; definition
- §12-716 Injury during criminal acts; civil actions; presumptions; definition
Article 13 - Interception or Disclosure of Wire, Oral or Electronic Communications
Article 14 - Liability for Year 2000 Date Failures
- §12-741 Definitions
- §12-742 Applicability; exceptions
- §12-743 Notice; inspection; opportunity to cure
- §12-744 Affirmative defense; notice and repair
- §12-745 Affirmative defense; reliance; definition
- §12-746 Affirmative defense; compliance testing; definition
- §12-747 Offset
- §12-748 Remedial measures
Article 15 - Public Participation in Government
Chapter 7 - SPECIAL ACTIONS AND PROCEEDINGS IN WHICH THE STATE IS A PARTYArticle 1 - Abatement of Bawdy Houses
- §12-801 General definitions
- §12-802 Abatement of certain nuisances
- §12-803 Parties and scope of action
- §12-804 Temporary injunction; affidavit and verified complaint
- §12-805 Precedence of action; reputation of place as evidence; dismissal; substitution of plaintiffs; costs
- §12-806 Order of abatement; custody of building; fees for closing of premises and sale of movable property
- §12-807 Application of proceeds of sale; sale of building to make up deficiency
- §12-808 Release of property; bond and conditions; exception
- §12-809 Contempt fine as lien on premises; execution
- §12-810 Violation as contempt; classification
Article 1.1 - Obscene Movie and Obscene Pictorial Publication Abatement
- §12-811 Definitions
- §12-812 Nuisance
- §12-813 Abatement of nuisance
- §12-814 Procedure in injunction action
- §12-815 Priority of action; evidence; costs
- §12-816 Content of judgment and order
- §12-817 Civil penalty; forfeiture; accounting
- §12-818 Petition by commercial operators or qualified electors for action
Article 2 - Actions Against Public Entities or Public Employees
- §12-820 Definitions
- §12-820.01 Absolute immunity
- §12-820.02 Qualified immunity
- §12-820.03 Affirmative defense
- §12-820.04 Punitive and exemplary damages; immunity
- §12-820.05 Other immunities
- §12-820.08 Potable water systems; standard of care
- §12-820.09 Transportation, distribution or use of remediated water; definitions
- §12-821 General limitation; public employee
- §12-821.01 Authorization of claim against public entity or public employee
- §12-822 Change of venue
- §12-823 Judgment for plaintiff; amount; interest and costs
- §12-826 Report of judgments to legislature by governor; payment
Article 4 - Contempt of Court
- §12-861 Criminal contempt defined
- §12-862 Order to show cause; service; return; attachment of person or sequestration of property
- §12-863 Trial; classification; appeal
- §12-864 Direct or constructive contempts; punishment
- §12-864.01 Proof of contempt of court
- §12-865 One year limitation on contempt proceeding; contempt proceeding no bar to criminal prosecution
Article 5 - Escheat
- §12-881 Conditions under which property escheats
- §12-882 Duty of department of revenue regarding escheats; complaint and parties
- §12-883 Summons; service and publication
- §12-884 Judgment and costs
- §12-885 Seizure and sale of escheated property; disposal of proceeds; exception
- §12-886 Claim by heir, devisee or owner of proceeds from sale of escheated property
- §12-887 Determination of claims; appeal
- §12-888 Concurrent authority of the department of revenue
- §12-889 Escheated property; rules and regulations; salary
- §12-890 Agreement to recover property
Article 6 - Judicial Review of Administrative Decisions
- §12-901 Definitions
- §12-902 Scope of article
- §12-903 Power of supreme court to make procedural rules
- §12-904 Commencement of action; transmission of record
- §12-905 Jurisdiction and venue
- §12-906 Service of process
- §12-907 Appearance of defendants
- §12-908 Parties
- §12-909 Pleadings and record on review
- §12-910 Scope of review
- §12-911 Powers of trial court
- §12-912 Costs
- §12-913 Appellate review
- §12-914 Rules of civil procedure
Article 7 - Stay of Proceedings Under Statute or Order Claimed Unconstitutional
- §12-931 Proceeding in state court; stay, hearing and precedence of appeal
- §12-932 Proceeding in federal court; jurisdiction of state court; stay, notice and precedence of appeal
Article 8 - Unclaimed Money or Property in Hands of Public Officer
- §12-941 Disposal 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
- §12-942 Disposal of property unclaimed for ninety days
- §12-943 Petition for disposal or sale of property
- §12-944 Notice of sale; service and publication
- §12-945 Sale of property
- §12-946 Unclaimed money
Article 9 - Medical Care Cost Recovery
- §12-961 Definitions
- §12-962 Recovery of cost of medical care
- §12-963 Compromise or waiver of claim
- §12-964 Limitation
Article 10 - Liability for Emergency Services
Article 11 - Actions Against Volunteers
Article 12 - Abatement of Crime Property
- §12-991 Nuisance; applicability; residential property used for crime; action to abate and prevent; notice; definitions
- §12-992 Residential property nuisances; temporary restraining order; notice; hearing; costs
- §12-993 Precedence of action; resident actions; costs
- §12-994 Violation; classification
- §12-995 Recording notice of action; subsequent acquisition of property
- §12-996 Appointment of temporary receiver; term; duties; accounting
- §12-997 Closing orders; enforcement; notice; moving assistance; violation; classification
- §12-998 Nuisance; commercial buildings used for crime; action to abate and prevent
- §12-999 Commercial property nuisances; temporary restraining order; notice; hearing
- §12-1000 Clandestine drug laboratories; notice; cleanup; residual contamination; civil penalty; immunity; restitution; violation; classification
- §12-1001 Joint legislative oversight committee on residual contamination of drug properties
Article 13 - Liability for Animal Rescue Costs
Chapter 8 - SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTYArticle 1 - Action to Quiet Title
- §12-1101 Parties; claim; service on attorney general
- §12-1102 Complaint
- §12-1103 Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state
- §12-1104 Allegation of lien or interest claimed by adverse party; jurisdiction of court to enter decree
Article 2 - Eminent Domain
- §12-1111 Purposes for which eminent domain may be exercised
- §12-1112 Prerequisites to taking property by condemnation
- §12-1113 Estates in land subject to condemnation
- §12-1114 Private property subject to condemnation
- §12-1115 Right of state to enter and survey property for public use
- §12-1116 Actions for condemnation; immediate possession; money deposit
- §12-1117 Complaint
- §12-1118 Joint or separate actions; consolidation
- §12-1119 Summons; contents; service
- §12-1120 Right to defend action
- §12-1121 Powers of court; precedence
- §12-1122 Ascertainment and assessment of value, damages and benefits
- §12-1123 Accrual of right to compensation and damages; limitation
- §12-1124 Payment of compensation; effect of failure to pay
- §12-1125 Payment of damages in proceedings by railroad
- §12-1126 Final order of condemnation; recording; vesting of property
- §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
- §12-1128 Costs and jury fees
- §12-1129 Dismissal of condemnation action; litigation expenses
- §12-1130 Fees and expenses; appraisal; relocation benefits; applicability
Article 3 - Eminent Domain for Public Works
- §12-1141 Definitions
- §12-1142 Agencies qualified to institute proceedings; jurisdiction of court; right of plaintiff to enter upon land
- §12-1143 Complaint
- §12-1144 Inclusion of separate parcels in single action
- §12-1145 Notice of proceedings; effect of filing notice
- §12-1146 Waiver of certain rights by persons in interest; determination of issues; judgment on issues; appointment of guardian ad litem
- §12-1147 Special master; duties; qualifications; compensation; oath; limitation upon powers
- §12-1148 Notice of hearing by special master
- §12-1149 Hearing by special master
- §12-1150 Admissibility of certain evidence before special master; effect of increased property value upon award
- §12-1151 Limitation on time for filing report of special master
- §12-1152 Notice of filing report and of hearing objections to report; waiver of right to object
- §12-1153 Final judgment; hearing objections to findings or report; proceedings upon rejection of report; vesting of property
- §12-1154 Filing certified copy of judgment
- §12-1155 Application by plaintiff to take possession; notice of hearing; money deposit; bond in lieu of deposit; judgment for deficiency
- §12-1156 Right to dismiss
- §12-1157 Effect of vesting of title
- §12-1158 Effect of payment into court; security; disbursement
- §12-1159 Action to recover award paid to wrong person
- §12-1160 Appeal; stay of proceedings; bond
- §12-1161 Costs
- §12-1162 Supplemental nature of article; procedure
Article 4 - Forcible Entry and Detainer
- §12-1171 Acts which constitute forcible entry or detainer
- §12-1172 Definition of forcible entry
- §12-1173 Definition of forcible detainer; substitution of parties
- §12-1173.01 Additional definition of forcible detainer
- §12-1174 Immateriality of time possession obtained by tenant
- §12-1175 Complaint and answer; service and return
- §12-1176 Demand for jury; trial procedure
- §12-1177 Trial and issue; postponement of trial
- §12-1178 Judgment; writ of restitution; limitation on issuance
- §12-1179 Appeal to superior court; notice; bond
- §12-1180 Stay of proceedings on judgment; record on appeal
- §12-1181 Trial and judgment on appeal; writ of restitution
- §12-1182 Appeal to supreme court; stay and bond
- §12-1183 Proceedings no bar to certain actions
Article 5 - Lis Pendens
Article 6 - Opening Private Way of Necessity
- §12-1201 Private way of necessity defined
- §12-1202 Right to private way of necessity; limitation
- §12-1203 Violation; classification
Article 7 - Partition
- §12-1211 Compelling partition; complaint
- §12-1212 Unknown owner; notice and service by publication; protection of rights in decree
- §12-1213 Hearing and issues
- §12-1214 Abstract of title; inspection; cost
- §12-1215 Entry and contents of judgment; appointment of commissioners; surveyor
- §12-1216 Duties of commissioners
- §12-1217 Report of commissioners
- §12-1218 Report of commissioners when property incapable of fair division; sale; distribution of proceeds
- §12-1219 Objection to commissioner's report; hearing
- §12-1220 Partition involving future estates; title of property after partition
- §12-1221 Effect of judgment confirming report of commissioners
- §12-1222 Partition of personal property; parties
- §12-1223 Writ of possession or sale of personal property
- §12-1224 Proceedings not exclusive; rules of procedure
- §12-1225 Compensation of commissioners and surveyor
Article 8 - Receivership
- §12-1241 Power of superior court to appoint receiver
- §12-1242 Application for appointment of receiver; verification; service; notice of hearing; restraining order pending hearing
Article 9 - Recovery of Real Property
- §12-1251 Right of recovery; procedure
- §12-1252 Title of plaintiff; joint owners; proof
- §12-1253 Defendant as tenant; substitution of landlord; notice of action
- §12-1254 Survey; order; service of order
- §12-1255 Verdict
- §12-1256 Damages; limitation; set‑off
- §12-1257 Liability of tenant
- §12-1258 Allegation of growing crops; stay of execution; bond and conditions
- §12-1259 Judgment for plaintiff for rental value from time of judgment to delivery of possession
Article 10 - Recovery of Rent or for Use of Real Property
Article 11 - Redemption
- §12-1281 Parties entitled to redeem property
- §12-1282 Time for redemption
- §12-1283 Redemption upon foreclosure
- §12-1284 Notice of redemption by subsequent lienholder
- §12-1285 Amounts payable upon redemption
- §12-1286 Execution and delivery of deed by sheriff
- §12-1287 Delivery and service of papers by redeeming creditor
- §12-1288 Right to rents and profits; accounting and action
- §12-1289 Restraint of waste during redemption period; acts not constituting waste
Article 12 - Replevin
- §12-1301 Affidavit to obtain possession
- §12-1302 Order for taking property
- §12-1303 Bond; amount and conditions
- §12-1304 Execution of order for delivery to claimant; redelivery bond
- §12-1305 Filing of bonds
- §12-1306 Defect in bond; retaking of property
- §12-1307 Verdicts in actions to recover specific personal property
- §12-1308 Finding for defendant; judgment; election to take value or property
- §12-1309 Finding for defendant; property not in possession of plaintiff; judgment
- §12-1310 Finding for plaintiff; property in possession of defendant; election to take value or property
- §12-1311 Failure to deliver property; election by prevailing party
- §12-1312 Vesting of title to property
- §12-1313 Exoneration and liability of officer on bonds
- §12-1314 Execution issuable for delivery of property; procedure
Article 13 - Trial of Title to Personal Property Under Levy
- §12-1331 Claim of property levied upon; bond
- §12-1332 Conditions of bond
- §12-1333 Delivery of property to claimant; return of claim and bond
- §12-1334 Endorsement on writ and return
- §12-1335 Jurisdiction of trial; docketing of action
- §12-1336 Direction of issue
- §12-1337 Judgment by default
- §12-1338 Trial and burden of proof
- §12-1339 Judgment; limitation on time for issuance of execution
- §12-1340 Satisfaction of judgment by claimant
- §12-1341 Release of officer; other levies
Article 14 - Purchaser Dwelling Actions
- §12-1361 Definitions
- §12-1362 Dwelling action; jurisdictional prerequisite; insurance
- §12-1363 Notice and opportunity to repair
- §12-1364 Dwelling action; attorney fees, costs and expert witness fees
- §12-1365 Notification; right to file a complaint with the registrar of contractors
- §12-1366 Applicability; claims and actions
Article 1 - Arbitration
- §12-1501 Validity of arbitration agreement
- §12-1502 Proceedings to compel or stay arbitration
- §12-1503 Appointment of arbitrators by court
- §12-1504 Majority action by arbitrators
- §12-1505 Hearing
- §12-1506 Representation by attorney
- §12-1507 Witnesses; subpoenas; depositions
- §12-1508 Award
- §12-1509 Change of award by arbitrators
- §12-1510 Fees and expenses of arbitration
- §12-1511 Confirmation of an award
- §12-1512 Opposition to an award
- §12-1513 Modification or correction of award
- §12-1514 Judgment or decree on award
- §12-1515 Applications to court
- §12-1516 Court; jurisdiction and venue
- §12-1517 Limited effect of article
- §12-1518 State and political subdivisions; use of arbitration
Article 2 - Attachment
- §12-1521 Attachment of property of defendant
- §12-1522 Affidavit for issuance of writ of attachment
- §12-1523 Issuance of writ for debt or demand not due; affidavit; trial; judgment
- §12-1524 Attachment bond of plaintiff
- §12-1525 Quashing of writ; criteria of validity of affidavit and bond
- §12-1526 Issuance of writ; contents
- §12-1528 Issuance of writ to several counties; form of writ; delivery for service
- §12-1529 Execution of writ; indemnity bond for attaching officer
- §12-1530 Levy of writ; attachment of real or personal property
- §12-1531 Return of writ; duties of officer; further return
- §12-1532 Levy of attachment as lien on property; satisfaction of lien
- §12-1533 Attachment of perishable property; sale; procedure
- §12-1534 Disposition of proceeds of sale of perishable property; report of sale
- §12-1535 Preservation of personal property under attachment
- §12-1536 Replevin of attached property by defendant; bond
- §12-1537 Restoration of property or exoneration of bond; levy on exempt property
- §12-1538 Judgment where personal property replevied
Article 3 - Execution of Judgments
- §12-1551 Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemptions
- §12-1552 Types of executions; form
- §12-1553 General execution
- §12-1554 Special execution
- §12-1555 Return of execution
- §12-1556 Judgment requiring performance of other acts; service
- §12-1557 Issuance of writ to several counties
- §12-1558 Property subject to execution
- §12-1559 Levy of writ of execution; real property; personal property; livestock; shares of stock; partnership interests
- §12-1560 New trial after service by publication; superseding judgment
- §12-1561 Judgment creditor having prior lien
- §12-1562 Duties of officer in execution; disposition of proceeds; rights of judgment debtor
- §12-1563 Impeding recovery by action or judgment of personal property; classification
- §12-1564 Indemnification of officer for levy; recovery of costs
- §12-1565 Storage of levied property; costs
- §12-1566 Execution upon judgments for debts secured by real property; fair market value; hearing; redemption rights; guarantees; applicability
Article 4 - Garnishment of Monies or Property
- §12-1570 Definitions
- §12-1570.01 Scope of article
- §12-1571 Issuance of writ
- §12-1572 Application for writ of garnishment for monies or property
- §12-1573 Bond amount and conditions
- §12-1574 Issuance, service and return of writ; notice to debtor
- §12-1577 Service of writ on branch of financial institution
- §12-1578 Limitations on transfers by garnishee after service; replevin by judgment debtor
- §12-1578.01 Time for answer
- §12-1579 Answer of garnishee
- §12-1580 Objection to garnishment or answer; hearing
- §12-1581 Discharge of garnishee
- §12-1582 Notice to garnishee of dismissal; hearing on costs and attorney's fee
- §12-1583 Judgment by default against garnishee
- §12-1584 Judgment against garnishee; objection; hearing
- §12-1585 Order regarding personal property subject to garnishment; objection; hearing
- §12-1587 Discharge of garnishee if judgment or order not obtained within ninety days; exceptions
- §12-1588 Answer disclosing shares of stock; judgment and sale
- §12-1591 Taxing costs
- §12-1592 Obedience of garnishee to judgment as bar
- §12-1593 Contempt proceedings
- §12-1595 Garnishment of bank account in names of two or more persons; bond of judgment creditor
- §12-1596 Forms
- §12-1597 Mailing; receipt; presumptions
Article 4.1 - Garnishment of Earnings
- §12-1598 Definitions
- §12-1598.01 Scope of article
- §12-1598.02 Grounds for issuance of writ of garnishment of earnings
- §12-1598.03 Application for writ of garnishment for earnings
- §12-1598.04 Issuance of writ of garnishment for earnings; service and return of writ; lien on nonexempt earnings
- §12-1598.05 Initial lien
- §12-1598.06 Time for answer
- §12-1598.07 Objection to garnishment, answer or nonexempt earnings statement; hearing
- §12-1598.08 Answer of garnishee to writ of garnishment of earnings; filing; delivery; notice
- §12-1598.09 Discharge of garnishee
- §12-1598.10 Continuing lien on earnings; order
- §12-1598.11 Continuing lien procedure; nonexempt earnings statement
- §12-1598.12 Reporting by judgment creditor
- §12-1598.13 Contempt proceedings; default of garnishee
- §12-1598.14 Priority
- §12-1598.15 Taxing costs
- §12-1598.16 Forms
- §12-1598.17 Mailing; receipt; presumptions
Article 5 - Garnishment of Salaries and Wages of Public Officers and Employees
- §12-1601 Salaries subject to garnishment
- §12-1602 Service of writ and answer
- §12-1603 Procedure
- §12-1604 Liability of officer for failure to perform duties
Article 6 - Renewal of Judgment
- §12-1611 Renewal by action
- §12-1612 Renewal by affidavit
- §12-1613 Docketing and recording affidavit of renewal; effect
Article 7 - Sales Under Execution
- §12-1621 Notice of sale; perishable, personal and real property; posting, publication and place of sale
- §12-1622 Procedure in selling property under execution
- §12-1623 Postponement of sale
- §12-1624 Liability of bidder for failure to pay; resale and recovery of loss and costs
- §12-1625 Delivery of property and certificate of sale
- §12-1626 Sale of real property and rights of purchaser; delivery and recording of certificate of sale
Article 8 - Supplemental Proceedings
- §12-1631 Order for appearance of debtor; limitation
- §12-1632 Disclosure of property; execution
- §12-1633 Payment to officer by third party; discharge; citation to third party
- §12-1634 Attendance of witnesses; application of property toward satisfaction of judgment
- §12-1635 Action by judgment creditors
Article 9 - Suretyship
- §12-1641 Action by creditor; failure to bring action and effect
- §12-1642 Determination of issue between principal and surety; finding for surety and order of levy
- §12-1643 Subrogation of surety to rights of judgment creditor; execution against debtor
- §12-1644 Issuance of execution for repayment and contribution
- §12-1645 Issuance of execution against principal by officer paying judgment
- §12-1646 Extension of remedy
Article 11 - Revised Uniform Enforcement of Foreign Judgments Act
- §12-1701 Definition
- §12-1702 Filing and status of foreign judgments
- §12-1703 Notice of filing
- §12-1704 Stay of enforcement of judgment
- §12-1705 Filing fees
- §12-1706 Other rights of enforcement
- §12-1707 Uniformity of interpretation
- §12-1708 Short title
Article 1 - Injunctions
- §12-1801 Granting of injunctions; grounds
- §12-1802 Prohibition upon granting injunctions for certain purposes
- §12-1803 Times at which injunction may be granted; verified complaint required; service of copy of complaint or affidavits
- §12-1804 Notice of hearing on injunction; service upon adverse party
- §12-1805 Limitations on injunction to stay judgment or proceedings at law
- §12-1806 Limitations on injunction to stay execution on judgments
- §12-1807 Preliminary injunction, injunction or temporary restraining order against working lode, placer or mining claim; prohibition; exception
- §12-1808 Injunction between parties to labor dispute; conditions requisite to issuance; limitations
- §12-1809 Injunction against harassment; petition; venue; fees; notices; enforcement; definition
- §12-1810 Injunction against workplace harassment; definitions
Article 2 - Uniform Declaratory Judgments Act
- §12-1831 Scope
- §12-1832 Power to construe, etc.
- §12-1833 Before breach
- §12-1834 Personal representatives, etc.; declaration of rights
- §12-1835 Enumeration not exclusive
- §12-1836 Discretionary
- §12-1837 Review
- §12-1838 Supplemental relief
- §12-1839 Jury trial
- §12-1840 Costs
- §12-1841 Parties; notice of claim of unconstitutionality
- §12-1842 Construction
- §12-1843 Words construed
- §12-1844 Provisions severable
- §12-1845 Uniformity of interpretation
- §12-1846 Short title
Article 3 - Certification of Questions of Law Act
- §12-1861 Supreme court; questions of law certified by other courts
- §12-1862 Invocation of proceedings
- §12-1863 Certification order; contents
- §12-1864 Preparation and transmission of certification order
- §12-1865 Fees and costs
- §12-1866 Proceedings in the supreme court
- §12-1867 Opinion of supreme court
Article 1 - Certiorari
- §12-2001 Granting of writ
- §12-2002 Application for writ; grant of writ
- §12-2003 Contents of writ
- §12-2004 Stay of proceedings
- §12-2005 Service of writ
- §12-2006 Extent of review
- §12-2007 Denial of return to writ; hearing; transmittal of judgment; appeal
Article 2 - Mandamus
- §12-2021 Issuance of writ
- §12-2022 Alternative or peremptory writ
- §12-2023 Application for writ; notice; hearing on default
- §12-2024 Answer and reply
- §12-2025 Trial; order; jury; place of trial; procedure
- §12-2026 Motion for new trial; retrial
- §12-2027 Determination of questions of law
- §12-2028 Writ of mandamus; service
- §12-2029 Disobedience of writ; classification
- §12-2030 Mandamus action; award of fees and other expenses against the state or political subdivision; definition
Article 3 - Quo Warranto
- §12-2041 Action by attorney general; venue
- §12-2042 Action by county attorney
- §12-2043 Failure of attorney general or county attorney to bring action for claimant of office
- §12-2044 Adjudication of office; damages; several claimants
- §12-2045 Judgment of usurpation; classification
Article 1 - In General
- §12-2101 Judgments and orders which may be appealed
- §12-2101.01 Appeals from arbitration awards
- §12-2102 Scope of review by supreme court upon appeal from final judgment
- §12-2103 Powers of supreme court on appeal; affirmance; reversal; modification; restitution; rehearing when three judges do not concur
- §12-2104 Remittitur or additur by supreme court
- §12-2105 Extent of judgment against surety on bond for costs on appeal or supersedeas bond; direction when money deposited in lieu of bond
- §12-2106 Penalty for taking frivolous appeal or appeal for delay
- §12-2107 Filing fees on appeal; exception
Article 1 - Competency of Witnesses
Article 2 - Duties and Privileges of Witnesses
- §12-2211 Attendance of witnesses; punishment for failure to appear or testify
- §12-2212 Subpoena by public officer; contempt
- §12-2213 Privilege from arrest; exceptions
- §12-2214 Requirements for subpoena of media witnesses
Article 3 - Oath and Affirmation
- §12-2221 Manner of administering oath or affirmation; persons authorized to administer
- §12-2222 Officers authorized to administer oaths
- §12-2223 Persons authorized to administer oath or affirmation within or without United States
Article 4 - Privileged Communications
- §12-2231 Husband and wife; anti‑marital fact
- §12-2232 Husband and wife; privileged communications
- §12-2233 Clergyman or priest and penitent
- §12-2234 Attorney and client
- §12-2235 Doctor and patient
- §12-2236 Waiver of privilege as to attorney or doctor
- §12-2237 Reporter and informant
- §12-2238 Mediation; privileged communications; exceptions; liability; definition
- §12-2239 Domestic violence victim advocate; privilege; training; exception; definition
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
- §12-2263 Admissibility in evidence of certified copies of documents on file with state and county officers
- §12-2264 Evidentiary value of birth and death certificates
- §12-2265 Marriage certificate as prima facie evidence of marriage; other evidence competent to prove marriage
- §12-2266 Certificate of purchase, location or receiver's receipt as prima facie evidence of right to possession
Article 7.1 - Medical Records
- §12-2291 Definitions
- §12-2292 Confidentiality of medical records and payment records
- §12-2293 Release of medical records and payment records to patients and health care decision makers; definition
- §12-2294 Release of medical records and payment records to third parties
- §12-2294.01 Release of medical records or payment records to third parties pursuant to subpoena
- §12-2295 Charges
- §12-2296 Immunity
- §12-2297 Retention of records
Article 8 - Evidence of Advance Payment
Article 9 - Silent Witness Program Records
- §12-2311 Definition of silent witness or crime stopper program
- §12-2312 Admissibility of silent witness or crime stopper program records
Article 1 - General Provisions
- §12-2401 Definitions
- §12-2402 Provisional remedies without notice; grounds for issuance
- §12-2403 Provisional remedies with notice; grounds
- §12-2404 Application for provisional remedy with notice
- §12-2405 Notice; form of notice
- §12-2406 Service of notice and application
- §12-2407 Time to request hearing date; form of request
- §12-2408 Default
- §12-2409 Judicial review of application; issuance of provisional remedies
- §12-2410 Hearing; procedure; issues
- §12-2411 Attorney's fees
- §12-2412 Waiver of right to a hearing void
Article 1 - General Provisions
- §12-2451 Petition for emancipation order; requirements; notification; representation; waiver of filing fees
- §12-2452 Additional court orders
- §12-2453 Factors; best interests of minor; burden of proof; emancipation orders; filing requirements
- §12-2454 Effect of emancipation
- §12-2455 Recognition of emancipation from another jurisdiction
- §12-2456 Emancipation administrative costs fund; purpose; report; collection of information
Article 1 - General Provisions
- §12-2501 Right to contribution; definition
- §12-2502 Pro rata shares
- §12-2503 Enforcement
- §12-2504 Release or covenant not to sue
- §12-2505 Comparative negligence; definition
- §12-2506 Joint and several liability abolished; exception; apportionment of degrees of fault; definitions
- §12-2507 Treatment of counterclaims and cross claims
- §12-2508 Redetermination of contribution shares
- §12-2509 Scope of contribution and comparative negligence
Article 1 - General Provisions
- §12-2601 Definitions
- §12-2602 Preliminary expert opinion testimony; certification
- §12-2603 Preliminary expert opinion testimony against health care professionals; certification; definitions
- §12-2604 Expert witness qualifications; medical malpractice actions
- §12-2605 Evidence of admissions; civil proceedings; unanticipated outcomes; medical care
Article 1 - General Provisions
- §12-2701 Definitions
- §12-2702 Representation; definition
- §12-2703 Scope of remedies; violation; classification
- §12-2704 Unlawful practices; investigation
Article 1 - General Provisions
- §12-2801 Definitions
- §12-2802 Confidentiality of genetic testing results; disclosure
- §12-2803 Testing of minors; notice to parents; informed consent
- §12-2804 Public records
Article 1 - General Provisions
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