2010 Arizona Revised Statutes
Title 12 - Courts and Civil Proceedings

Article 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
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 assessment; deposit
12-115 Additional filing, appearance and answer or response fees; deposit
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
12-119.04 Evaluation of superior court commissioners
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
12-120.31 Fees and costs; distribution
12-120.32 Additional fees
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
12-131 Commission on trial court appointments; notification; appointment of nonattorney member; time limits
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
12-231 Appointment and duties
Article 5 Interpreter
12-241 Appointment; court attendance
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
12-270 Probation revocation and crime reduction performance funding; reports
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
12-298 Appointment of family law referee or court commissioner; compensation; qualifications; duties; powers; procedures
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 County 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
12-341.02 Recovery of legal document preparation 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
12-572 Burden of proof for treatment in emergency departments or rendered by on-call providers
12-573 Limited liability for treatment related to delivery of infants; exception; definition
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
12-631 Definitions
12-632 Unlawful motor vehicle subleasing; civil action; exemption
Article 5 Injury to Child or Ward
12-641 Persons who may maintain action for 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
12-661 Liabilities of parents or legal guardians for malicious or wilful misconduct of minors
Article 8 Insufficient Funds Check
12-671 Drawing check or draft on no account or insufficient account with intent to defraud; civil action; definition of credit; prima facie evidence
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
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
12-701 Drugs; exemplary or punitive damages; definition
Article 12 Miscellaneous
12-711 Affirmative defense; limitation
12-712 Affirmative defense; limitation; criminal act
12-713 Emergency call system; public safety radio communications network; 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; definitions
12-717 Liquefied petroleum gas provider; liability; definitions
Article 13 Interception or Disclosure of Wire, Oral or Electronic Communications
12-731 Recovery of civil damages
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
12-751 Definitions
12-752 Strategic lawsuits against public participation; motion to dismiss
Article 16 Right of Publicity
12-761 Right of publicity; unauthorized use of the name, portrait or picture of a soldier; exceptions; definition
Article 17 Declaration of Innocence
12-771 Factual innocence; judicial determination; procedure; definition
12-772 Factual improper party status; judicial determination; procedure; definition
12-773 Factual innocence; factual improper party; other remedies
Article 18 Firearms Storage and Transportation
12-781 Transportation or storage of firearms; motor vehicles; applicability
Article 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
12-971 Definitions
12-972 Liability for emergency services
Article 11 Actions Against Volunteers
12-981 Definitions
12-982 Qualified immunity; insurance coverage
Article 12 Abatement of Crime Property
12-990 Definitions
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
12-1011 Liability for animal rescue costs
Article 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 2.1 Private Property Rights Protection Act
12-1131 Property may be taken only for public use consistent with this article
12-1132 Burden of proof
12-1133 Just compensation; slum clearance and redevelopment
12-1134 Diminution in value; just compensation
12-1135 Attorney fees and costs
12-1136 Definitions
12-1137 Applicability
12-1138 Severability
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; criminal violation; notice
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
12-1191 Notice 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 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
12-1271 Action to recover rent or to recover 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
12-1539 Veterans disability benefits; exemption from seizure
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
Chapter 12 APPEALS
Article 1 In General
12-2101 Judgments and orders which may be appealed
12-2101.01; Version 2 Appeals from arbitration awards
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
Chapter 13 EVIDENCE
Article 1 Competency of Witnesses
12-2201 Persons who may be witnesses
12-2202 Persons who may not be witnesses
12-2203 Admissibility of expert opinion testimony
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; permissible examination
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; definitions
12-2239 Domestic violence victim advocate; privilege; training; exception; definition
Article 5 Testimony in Actions Involving Executors, Administrators or Guardians
12-2251 Limitations on testimony in actions by or against personal representatives, administrators, guardians or conservators
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
12-2301 Definitions
12-2302 Admissibility of 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
12-2901 Definitions
12-2902 Payment rights; transfer conditions
12-2903 Jurisdiction: transfer approval
12-2904 Waiver; penalties
Article 1 General Provisions
12-3001 Definitions
12-3002 Notice
12-3003 Applicability
12-3004 Effect of agreement to arbitrate; nonwaivable provisions
12-3005 Application for judicial relief
12-3006 Validity of agreement to arbitrate
12-3007 Motion to compel or stay arbitration
12-3008 Interim remedies
12-3009 Initiation of arbitration; notice
12-3010 Consolidation of separate arbitration proceedings
12-3011 Appointment of arbitrator; service as a neutral arbitrator
12-3012 Disclosure by arbitrator
12-3013 Action by majority
12-3014 Immunity of arbitrator; competency to testify; attorney fees and litigation expenses
12-3015 Arbitration process
12-3016 Representation by lawyer
12-3017 Witnesses; subpoenas; depositions; discovery
12-3018 Judicial enforcement of preaward ruling
12-3019 Award
12-3020 Change of award by arbitrator
12-3021 Remedies; fees and expenses of arbitration proceeding
12-3022 Confirmation of award
12-3023 Vacating award
12-3024 Modification or correction of award
12-3025 Judgment on award; attorney fees and litigation expenses
12-3026 Jurisdiction
12-3027 Venue
12-3028 Uniformity of application and construction
12-3029 Relationship to electronic signatures in global and national commerce act

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