Title 12 — Courts and Civil Proceedings

The supreme court may employ such personnel as it deems necessary to carry out this article.

A. Each court may use certified court security officers to ensure the safety of judicial branch employees and facilities. A certified court security officer must be an employee of the judicial branch. The supreme court shall certify court security officers. B. A certified court s…

A. All fees are payable at the time the service is rendered, unless otherwise provided by law. An officer may refuse to perform any service in any action or proceeding, criminal proceedings excepted, until the fees are paid. B. Failure to collect the fee shall not affect the vali…

A. The court or any judge may for good cause shown extend the time for paying any court fees and costs required by law or may relieve against a default caused by nonpayment of a fee within the time provided by law, but no fees paid shall be refunded. B. The supreme court shall ad…

A material witness attending the trial of a civil action shall be paid twelve dollars for each day's attendance to and including the time it was necessary for him to leave his residence and go to the place of trial and his discharge as a witness. The witness shall also be paid mi…

No court fees shall be charged: 1. The state, a county, a city, a town or a political subdivision of a county. 2. A commission, board or department of the state, a county, a city, a town or a political subdivision of a county. 3. An official of the state, county, city, town or po…

A. A county law library fund is established in each county consisting of monies received pursuant to section 12-284.03, subsection A, paragraph 4 and section 41-178. B. The county law library fund shall be used for the purposes of enhancing legal research capabilities in the coun…

At the commencement of each action or proceeding, except as otherwise provided by law, the plaintiff shall pay to the clerk of the superior court a fee pursuant to section 12-284. The defendant, on his appearance, shall pay to the clerk a fee pursuant to section 12-284. Each defe…

A. A person intervening in a civil action in the superior court shall pay the same fees required to be paid by a plaintiff. B. A person brought in as a party plaintiff or defendant by either party to an action or by order of the court shall pay the fee of a plaintiff or a defenda…

A. A fee established pursuant to section 12-284 shall be paid by the petitioner to the clerk of the superior court on filing any of the following: 1. A petition in a formal testacy or appointment proceeding, 2. An application for informal probate or informal appointment, 3. A pet…

The superior court shall make no rule imposing a tax or charge upon a legal proceeding or make an allowance to any officer for services.

A. On appeal from the judgment or order of the superior court in a civil action, the appellant, at the time of filing the index of record on appeal, shall pay to the clerk of the supreme court a fee pursuant to section 12-119.01. Within ten days after filing such record the appel…

A. The clerk of the supreme court, upon receipt of the index of record on an appeal, shall notify the appellant or the appellant's attorney that the record has been received and will be filed upon payment of the fee provided in section 12-321. If the fee is not paid within ten da…

A. The clerk of the supreme court shall receive the following fees: 1. For each certificate of admission to the practice of law, a fee pursuant to section 12-119.01. 2. For each certified copy of any record, any opinion of court or any paper or proceedings, for each folio, a fee …

Costs in the supreme court shall include: 1. The amount paid to the clerk of that court. 2. The amount paid to the clerk of the superior court for certified copies of the record and for transmitting it. 3. The cost of printing or typing the abstract of record and briefs. 4. The a…

A. Costs in the superior court include: 1. Fees of officers and witnesses. 2. Cost of taking depositions. 3. Compensation of referees. 4. Cost of certified copies of papers or records. 5. Sums paid a surety company for executing any bond or other obligation therein, not exceeding…

A copy of a paper not required by law to be copied shall not be allowed and taxed as costs. If a party or attorney takes out copies of any pleadings or papers in an action, it shall be at his own expense, and a charge for the copies shall not be allowed as costs.

The successful party to a civil action shall recover from his adversary all costs expended or incurred therein unless otherwise provided by law.

A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and the judgment finally obtained is equal to or more favorable to the offeror than an offer made…

The court may award to the prevailing party the cost of document preparation if prepared by a legal document preparer who is certified by the supreme court. The party seeking recovery will file a sworn affidavit of costs with the court.

A. On an appeal by the party against whom judgment was given in the court below, if the judgment of the appellate court is against him, but for a lesser amount, he shall recover costs in the appellate court, but shall be adjudged to pay costs in the court below. If the judgment o…

A. The costs of a new trial may either abide the result of the action or may be taxed against the party to whom a new trial is granted, as may be adjudged by the court at the time of granting a new trial. B. When a judgment is arrested or a verdict set aside because of insufficie…

Where a plaintiff brings in the same court several actions against the same defendant for claims which should have been joined, he shall recover the costs of one action only, and the costs of the other actions shall be adjudged against him unless sufficient reasons appear to the …

No court costs shall be charged: 1. The state, a county, a city, a town or a political subdivision of a county. 2. A commission, board or department of the state, a county, a city, a town or a political subdivision of a county. 3. An official of the state, county, city, town or p…

A. The party in whose favor judgment is rendered and who claims costs shall file a verified statement of his costs and serve a copy thereof on the opposing party. The statement shall be filed and served within ten days after judgment, unless for good cause shown the time is exten…

The clerk of the court shall include in the judgment entered by him the costs and interest on the verdict from the time it was rendered.

A. In addition to any costs that are awarded as prescribed by statute, a court shall award fees and other expenses to any party other than this state or a city, town or county that prevails by an adjudication on the merits in any of the following: 1. A civil action brought by thi…

Notwithstanding section 12-348, in addition to any costs that are awarded by statute, if an agency, department, board or commission of this state, a city, town or county, governmental officer acting in the officer's official capacity or an association whose membership is primaril…

A. Except as otherwise provided by and not inconsistent with another statute, in any civil action commenced or appealed in a court of record in this state, the court shall assess reasonable attorney fees, expenses and, at the court's discretion, double damages of not to exceed fi…

In awarding attorney fees pursuant to section 12-349, the court shall set forth the specific reasons for the award and may include the following factors, as relevant, in its consideration: 1. The extent of any effort made to determine the validity of a claim before the claim was …

A. All reasonable costs incurred in a civil action by a witness who is not a party to the action with respect to the production of documents pursuant to a subpoena for the production of documentary evidence shall be charged against the party requesting the subpoena if the witness…

A. Notwithstanding any law to the contrary, in a contested action arising out of a medical malpractice claim the court shall award the payment of interest to the prevailing party at a rate that is equal to one percentage point above the federal postjudgment interest rate in effec…

B. For the purposes of this section, "attorney discipline matter" means any charge that is not dismissed by the state bar of Arizona before final disposition of the complaint by the presiding disciplinary judge or the supreme court.

No person shall be sued out of the county in which such person resides, except: 1. When a defendant or all of several defendants reside without the state or their residence is unknown, the action may be brought in the county in which the plaintiff resides. 2. A married person may…

All actions and proceedings, civil and criminal, commenced after the organization of a new county or a county with changed boundaries, shall be begun and proceeded with therein if it would have been the proper county in which to institute the action or proceeding had it been orga…

All actions and proceedings, civil and criminal, pending at the time of the organization of a new county or the changing of county boundaries, if such action or proceeding should have been instituted in the new or changed county had it been organized before the institution thereo…

A. If an action is not brought in the proper county, the court shall nevertheless have jurisdiction and may hear and determine the action unless the defendant, before expiration of the time allowed to answer, files with the clerk of the court in which the action is brought an aff…

A superior court may, upon written consent of the parties or their attorneys filed in an action, by an order entered on the minutes, transfer the action for trial to the superior court of another county.

A. If either party to a civil action pending in the superior court, after answer has been filed, files an affidavit in the action alleging any of the grounds specified in subsection B and gives five days notice to the opposite party, the venue may be changed as provided in sectio…

A. If a change of venue is ordered, the court shall transfer the action to the most convenient adjoining county, unless the parties agree to some other county in which case the court shall transfer the action to the agreed upon county. B. The clerk shall promptly transmit the pap…

A. In a civil action pending in the superior court in a county where the county is a party, the opposite party is entitled to a change of venue to some other county without making an affidavit therefor. B. The party applying for the change of venue shall pay the cost thereof and …

A. If either party to a civil action in a superior court files an affidavit alleging any of the grounds specified in subsection B, the judge shall at once transfer the action to another division of the court if there is more than one division, or shall request a judge of the supe…

No judge or court shall punish for contempt any one making, filing or presenting the affidavit provided for by section 12-409, or any motion founded thereon.

A. Not more than one change of venue or one change of judge may be granted in any action, but each party shall be heard to urge his objections to a county or judge in the first instance. B. A change of venue or judge shall be to the most convenient county, or judge, to which the …

When a person against whom there is a cause of action is without the state at the time the cause of action accrues or at any time during which the action might have been maintained, such action may be brought against the person after his return to the state. The time of such pers…

If a person entitled to bring an action other than those set forth in article 2 of this chapter is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for …

The period of limitation shall not be extended by the connection of one disability with another. When the law of limitation begins to run it shall continue to run notwithstanding a supervening disability of the party entitled to sue or liable to be sued.

A. If an action is commenced within the time limited for the action, and the action is terminated in any manner other than by abatement, voluntary dismissal, dismissal for lack of prosecution or a final judgment on the merits, the plaintiff, or a successor or personal representat…

A. An action barred by pre-existing law is not revived by amendment of such law enlarging the time in which such action may be commenced. B. If an action is not barred by pre-existing law, the time fixed in an amendment of such law shall govern the limitation of the action. C. If…

A. No action shall be maintained against a person removing to this state from another state or foreign country to recover upon an action which was barred by the law of limitations of the state or country from which he migrated. B. No action shall be brought to recover money from …