Title 12 — Courts and Civil Proceedings

A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity fo…

A. On application of a party showing an agreement described in section 12-1501, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court sh…

If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has…

The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this article.

Unless otherwise provided by the agreement: 1. The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives such noti…

A party has the right to be represented by an attorney at any proceeding or hearing under this article. A waiver thereof prior to the proceeding or hearing is ineffective.

A. The arbitrators may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and, upon application to the court by a p…

A. The award shall be in writing and signed by arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement. B. An award shall be made within the time fixed therefor by the agreement or, if …

On application of a party or, if an application to the court is pending under sections 12-1511, 12-1512, or 12-1513, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated…

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.

A party seeking confirmation of an award shall file and serve an application therefor in the same manner in which complaints are filed and served in civil actions. Upon the expiration of twenty days from service of the application, which shall be made upon the party against whom …

A. Upon filing of a pleading in opposition to an award, and upon an adequate showing in support thereof, the court shall decline to confirm and award and enter judgment thereon where: 1. The award was procured by corruption, fraud or other undue means; 2. There was evident partia…

A. Upon application made within ninety days after delivery of a copy of the award to the applicant, if judgment has not been entered thereon, the court shall modify or correct the award where: 1. There was an evident miscalculation of figures or an evident mistake in the descript…

Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in confirmity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be aw…

Except as otherwise provided, an application to the court under this article shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an init…

The term "court", as used in this article, means the superior courts of the state of Arizona, and venue of the appropriate superior court shall be determined as in any other civil action. The initial application having been made to a court of appropriate venue, all subsequent app…

This article shall have no application to arbitration agreements between employers and employees or their respective representatives.

A. In the discretion of any state agency, board or commission or any political subdivision of this state, the services of the American arbitration association, or any other similar body, may be used as provided by this article. Any agreement to make use of arbitration shall be ma…

A plaintiff, after complying with the provisions of chapter 14 of this title, may in the following cases have the property of the defendant attached as security for satisfaction of any judgment which may be recovered, unless the defendant gives security to pay such judgment: 1. I…

The clerk or justice of the peace, after complying with the provisions of chapter 14 of this title, shall issue the writ of attachment upon receiving an affidavit by or on behalf of plaintiff, showing any one or more of the requirements for a writ of attachment as set forth in se…

A. After entry of an order pursuant to the requirements of chapter 14 of this title, a writ of attachment may issue although the plaintiff's debt or demand is not due, but final judgment shall not be rendered against the defendant until the debt or demand is due. B. To obtain an …

Before issuance of a writ of attachment, plaintiff shall execute and file a bond payable to defendant in an amount not less than the amount for which action is brought, to be approved by the officer issuing the writ, conditioned that plaintiff will prosecute his action to effect …

A. Every attachment issued without the affidavit and bond shall be quashed on motion of defendant. B. The affidavit and bond shall not be void for want of form if they contain all essential matters.

After compliance with the provisions of chapter 14 of this title and upon the execution and filing of the affidavit and bond, the superior court judge or justice of the peace shall immediately issue a writ of attachment directed to the sheriff or any constable of any county where…

A. Several writs of attachment may, at the option of plaintiff, be issued at the same time or in succession and sent to different counties until sufficient property is attached to satisfy the writ. B. The writ may be in the following form: "The State of Arizona. "To the sheriff o…

A. The officer receiving the writ shall immediately execute it by levying upon so much property of defendant subject to levy under the writ and found within his county as is sufficient to satisfy the writ. B. The officer shall levy the writ at his own risk, but he may require the…

A. The writ of attachment shall be levied in the same manner as a writ of execution. B. When real property is attached the officer shall also serve a copy of the writ upon the defendant whose property is attached as a summons is served in a civil action, and make return thereof. …

A. An officer executing a writ of attachment shall return the writ with his action endorsed thereon or attached thereto and signed by him, to the court from which it issued within thirty days after date of the levy. B. The return shall describe the property attached with sufficie…

A. The levy of the writ of attachment upon any property of defendant subject thereto is a lien from the date of the levy on the real property and on such personal property as remains in the custody of the attaching officer and on the proceeds of such personal property as is sold.…

A. When personal property which has been attached is not claimed or replevied, the court or justice of the peace out of whose court the writ was issued may order it to be sold, when it appears that the property is in danger of serious and immediate waste or decay, or that keeping…

The proceeds of the sale as provided in section 12-1533 shall, within five days after the sale, be paid by the officer making the sale to the clerk of the court or justice of the peace, accompanied by a statement in writing and signed by such officer, to be filed in the action, s…

If personal property in custody of an officer under a writ of attachment is not replevied, claimed or sold, the court or justice of the peace may make such order for its preservation or use as appears to be to the interest of the parties.

At any time before judgment, if the property is not previously claimed or sold, defendant may replevy the property or any part thereof by giving bond to be approved by the officer who levied the writ, payable to plaintiff in double the amount of plaintiff's debt, or, at defendant…

A. If the attachment is vacated or if the judgment is for defendant, the court shall order the property restored to defendant or exonerate the claim or replevin bond. B. When any property claimed to be exempt is levied upon, defendant may, any time after such levy, apply to the c…

When personal property under attachment has been replevied, the judgment shall also be against defendant and the sureties on his replevin bond for the amount of the judgment, interest and costs, or for the value of the property replevied and interest according to the terms of the…

A. Notwithstanding section 12-1521, federal disability benefits awarded to veterans for service-connected disabilities pursuant to 38 United States Code chapter 11: 1. Are exempt from the claim of creditors. 2. Are not subject to attachment, levy or seizure under any legal or equ…

A. The party in whose favor a judgment is given, at any time within ten years after entry of the judgment and within ten years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforce…

A. Executions are either general or special. 1. A general execution is one which commands the officer to whom it is addressed to make the amount of the judgment out of property of the judgment debtor without specifying the particular property. 2. A special execution is one which …

A general execution shall state the amount of the judgment and costs and the amount due thereon, and shall require the officer: 1. If the execution is against the property of the judgment debtor, to satisfy the judgment, with interest, out of the personal property of the debtor, …

A special execution shall set forth in substance the portions of the judgment which command the sale or delivery of specific property and the amount of costs or damages, if any, and shall require the officer: 1. If the judgment directs the sale of specific real or personal proper…

A. An execution shall be made returnable to the clerk of the court issuing it at any time not less than ten nor more than ninety days after its receipt by the officer to whom directed. B. When the execution is returned the clerk shall note in the proper docket the amount made by …

When a judgment requires the performance of any act other than is designated in the preceding sections of this article, a certified copy of the judgment shall be served upon the party against whom the judgment was given, or upon the person required by the judgment or by law to ob…

A. A general execution may be issued to the sheriff of any county in the state, and executions may be issued at the same time, or different times, to different counties. B. A special execution requiring sale of specific property, or delivery of real or personal property shall be …

A. All property, real and personal, not exempt by law, and all property and rights of property seized and held under attachment or garnishment in an action, are liable to execution. B. Shares and interests in a corporation, and debts and credits, choses in action, and all other p…

The officer to whom the writ is directed shall make the levy as follows: 1. To levy on real estate it is sufficient that the officer endorse the levy on the writ of execution and record with the county recorder of the county where the real property is situated a copy of the writ …

A. When judgment has been rendered on service by publication, and defendant has not appeared, a new trial may be granted upon application of defendant for good cause shown by affidavit, made within one year after rendition of judgment. B. Execution of the judgment shall not be st…

If a party recovering judgment has a lien on any property by mortgage or otherwise, or by levy of any writ of attachment or garnishment, no further levy upon such property is necessary, and it may be sold without further levy.

A. An officer shall execute a general execution against the property of a judgment debtor by levying on a sufficient amount of property, if there is a sufficient amount of such property, and collecting or selling the things in action and selling the other property and paying to t…

A person against whom an action is pending or against whom a judgment has been rendered for the recovery of personal property who knowingly conceals, sells or disposes of such property with intent to hinder or delay execution of the judgment, or with like intent removes the prope…

If there is a reasonable doubt about the equity interest of a judgment debtor in any property or the liability for the seizure of the property on execution, the officer may require sufficient security from the judgment creditor to indemnify the officer. If security is not provide…