Title 12 — Courts and Civil Proceedings

In this article, unless the context otherwise requires: 1. "Person" means individuals, corporations, associations, partnerships, trustees, lessees, agents and assignees. 2. "Building" means and includes so much of any building or structure of any kind as is or may be entered thro…

Every building or place used for the purpose of lewdness, assignation or prostitution and every building or place wherein or upon which acts of lewdness, assignation or prostitution are held or occur, is a nuisance which shall be enjoined, abated and prevented as provided by this…

If there is reason to believe that a nuisance as defined in section 12-802 is kept, maintained or exists in any county or city and county, the county attorney of the county in the name of the people of the state or the city attorney of the city in the name of the people of the st…

A. If existence of a nuisance as defined in section 12-802 is shown in the action to the satisfaction of the court or judge either by verified complaint or affidavit, the court or judge shall make a temporary restraining order to abate and prevent continuance or recurrence of the…

A. When the action described in section 12-803 is filed, it shall have precedence over all actions except criminal proceedings, election contests and hearings on injunctions. B. In the action, evidence of the general reputation of the building or place shall be admissible for the…

A. If the existence of the nuisance is established in an action as provided in this article, an order of abatement shall be entered as a part of the judgment in the action. B. The order shall direct: 1. Removal from the building or place of all fixtures, musical instruments and m…

A. The proceeds of sale of the property shall be applied in the following order: 1. To the fees and costs of the removal and sale. 2. To the allowances and costs of closing and keeping the building or place closed. 3. To the payment of plaintiff's costs in the action. 4. The bala…

A. If the owner of the building or place has not been guilty of contempt of court in the proceedings, and appears and pays all costs, fees and allowances, which are a lien on the building or place, and files a bond in the full value of the property as ascertained by the court, wi…

When an act or acts constituting a contempt have been committed upon a place or building and the owner of an interest therein has been found guilty of such contempt and a fine imposed, the fine shall be a lien upon the place or building to the extent of the interest therein of th…

A violation or disobedience of either an injunction or order expressly provided for by this article shall be punished as a class 2 misdemeanor.

In this article, unless the context otherwise requires: 1. "Motion picture film" means any film or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive fo…

A. Any person who maintains, establishes or conducts a nuisance, or aids or abets therein, and the agent or lessee of any interest in any such nuisance together with the persons in control of any such nuisance by any such agent or lessee can be enjoined from maintaining a nuisanc…

If a nuisance exists, the attorney general, the county attorney of the county in which such nuisance exists or the city attorney of the city in which such nuisance exists may bring an action in the name of the state to abate such nuisance and to enjoin the person maintaining the …

A. An action instituted pursuant to section 12-813 shall be brought in the superior court of the county in which the property is located. At the commencement of the action a verified complaint alleging the facts constituting the nuisance shall be filed in the office of the clerk …

A. An action instituted pursuant to this article shall have precedence over all other cases except criminal actions, election contests, injunctions, habeas corpus proceedings, temporary restraining orders and juvenile proceedings. B. If the existence of the nuisance is establishe…

If the existence of a nuisance is admitted or established in an action pursuant to this article, an order of abatement shall be entered as a part of the judgment in the case. The order of abatement shall direct the removal from the place of the motion picture or pictorial publica…

A. Obscene motion picture films and obscene pictorial publications pursuant to this article are contraband and are not subject to any property rights. B. Any and all monies received in payment for obtaining or viewing any obscene motion picture films and obscene pictorial publica…

If the attorney general, a county attorney or a city attorney receives a petition alleging the existence of a nuisance subject to the provisions of this article and determines that there are reasonable grounds to believe that such a nuisance exists, an action to abate such nuisan…

In this article, unless the context otherwise requires: 1. "Employee" includes an officer, director, employee or servant, whether or not compensated or part time, who is authorized to perform any act or service, except that employee does not include an independent contractor. Emp…

A. A public entity shall not be liable for acts and omissions of its employees constituting either of the following: 1. The exercise of a judicial or legislative function. 2. The exercise of an administrative function involving the determination of fundamental governmental policy…

A. Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for: 1. The failure to make an arrest or the failure to retain an arrested person in …

A. A public entity or a public employee is not liable for an injury arising out of a plan or design for construction or maintenance of or improvement to transportation facilities, including highways, roads, streets, bridges or rights-of-way, if the plan or design is prepared in c…

Neither a public entity nor a public employee acting within the scope of his employment is liable for punitive or exemplary damages.

A. Except as specifically provided in this article, this article does not affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this…

(Eff. 1/1/28) A. Except as specifically provided in this article, this article does not affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the consti…

With regard to actions for personal injury arising out of the use or consumption of water, water shall be deemed reasonably safe and fit for consumption and use if it complies with the more stringent of the primary maximum contaminant levels that are established either pursuant t…

A. For a personal injury or property damage action that arises out of the transportation, distribution or use of remediated water, remediated water is deemed reasonably safe and fit for consumption and use and the provider or user is deemed to have acted reasonably if any of the …

A. A public entity or public employee is not liable to an unmanned aircraft operator for any injury to personal property caused by a peace officer intercepting, capturing, disabling, shooting, destroying or otherwise rendering inoperative an unmanned aircraft within fifteen miles…

All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.

A. Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one…

A. Service of summons in an action against any public entity or public employee involving acts that are alleged to have occurred within the scope of the public employee's employment shall be made pursuant to Arizona rules of civil procedure. B. In an action against this state upo…

If judgment is rendered for the plaintiff, it shall be for the amount actually due from the public entity to the plaintiff, with legal interest thereon from the time the obligation accrued and with court costs.

A. The governor shall report to the legislature at each session judgments rendered against the state, and not theretofore reported. B. The director of the department of administration shall draw his warrant for payment of the judgment upon presentation to him of an authenticated …

A person who wilfully disobeys a lawful writ, process, order or judgment of a superior court by doing an act or thing therein or thereby forbidden, if the act or thing done also constitutes a criminal offense, shall be proceeded against for contempt as provided in sections 12-862…

A. When it appears to the superior court by the return of a proper officer on lawful process, or upon affidavit of some credible person, or by information filed by the county attorney, that there is reasonable ground to believe that a person is guilty of the disobedience describe…

A. The trial as provided in section 12-862 may be by the court, or, upon demand of the person allegedly in contempt, shall be by a jury as upon a trial for a misdemeanor. B. Any person found in contempt is guilty of a class 2 misdemeanor. C. The fine shall be paid to the clerk of…

Contempts committed in the presence of the court or so near thereto as to obstruct the administration of justice, and contempts committed by failure to obey a lawful writ, process, order, judgment of the court, and all other contempts not specifically embraced within this article…

A. If a person is ordered to pay child support and there is proof that the person has failed to comply with the order together with proof that the order was made and was filed and served on that person or proof that the person was present in court at the time the order was made, …

A. No proceeding for contempt shall be instituted against any person unless begun within one year from the date of the act complained of. B. The proceeding for contempt or a satisfied judgment thereon shall not bar a criminal prosecution for the same act.

If the owner of property, without devise thereof and having no heirs, is absent from his domicile for five years successively and is not known to exist, the estate shall escheat to and vest in the state.

A. When the director of the department of revenue has reason to believe that property or estate has escheated to the state, he shall file a complaint in behalf of the state in the superior court of the county where such property or some part thereof is situated, setting forth: 1.…

Upon filing of the complaint described in section 12-882, a summons shall issue, service thereof shall be made and the summons shall also be published in a newspaper in the manner and for the time provided for the service of summons in a civil action by publication, and the actio…

A. If upon the trial it appears that the state has good title to all or any part of the property or estate described in the complaint, judgment shall be given that the state is seized or possessed thereof. A judgment for the state shall contain a description of the property and s…

A. A writ shall be issued to the sheriff or a constable of the county where the property is situated, commanding the sheriff or constable to seize the property vested in the state. B. Except for personal property transferred to the Arizona state library, archives and public recor…

If a person appears and claims any of the proceeds from the sale of escheated property as an heir or devisee, or as the owner who was absent for five years, he may file a claim to the proceeds with the department of revenue on a form prescribed by the department. A person has sev…

A. The department of revenue shall consider any claim filed under section 12-886 and may hold a hearing and receive evidence concerning it. If a hearing is held, the department of revenue shall prepare a finding and a decision in writing on each claim filed, stating the substance…

A. The department of revenue shall have concurrent authority with the department of law as prescribed by subsection C of section 41-193. B. The department of revenue shall institute investigations for discovery of property which may have escheated or would escheat to the state, a…

A. The department of revenue shall administer the provisions of this article. B. The department of revenue may promulgate necessary rules and regulations to carry out the provisions of this article.

A. A written, signed agreement to pay for the recovery or for assistance in the recovery of property under this article is unenforceable if the fee or payment agreed on exceeds thirty per cent of the value of the recoverable property. B. Nothing in this section shall be construed…

In this article, unless the context otherwise requires: 1. "Administrative agency" or "agency" means every agency, board, commission, department or officer authorized by law to exercise rule-making powers or to adjudicate contested cases, whether created by constitutional provisi…