Title 12, Courts and Civil Proceedings

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…

A. This article applies to and governs: 1. Every action to judicially review a final decision of an administrative agency except public welfare decisions pursuant to title 46, or if the act creating or conferring power on an agency or a separate act provides for judicial review o…

The supreme court may make rules of pleading, practice and procedure supplementary to but not inconsistent with the provisions of this article, and to amend such rules, for the purpose of making this article effective for the convenient administration of justice, and simplifying …

A. An action to review a final administrative decision shall be commenced by filing a notice of appeal within thirty-five days from the date when a copy of the decision sought to be reviewed is served upon the party affected. The method of service of the decision shall be as prov…

A. Jurisdiction to review final administrative decisions is vested in the superior court. B. If the venue of the action to review a final administrative decision is expressly prescribed in the statute under authority of which the decision was made, such venue shall control, but i…

In an action to review the decision of an administrative agency, a copy of the notice of appeal shall be served pursuant to rule 4 of the rules of civil procedure, on the agency at its principal office and on all other parties to the proceeding before the agency.

Within twenty days after service of the notice of appeal, the appellee agency and all other appellees shall file a notice of appearance in response to the notice of appeal. All subsequent filings shall be made as provided by section 12-914.

A. In an action to review a final decision of an administrative agency, the agency and all persons, other than the appellant, who are parties of record in the proceedings may appear in the proceedings before the superior court as appellees. B. If the administrative hearing is hel…

A. The notice of appeal shall contain a statement of the findings and decision or part of the findings and decision sought to be reviewed. B. Notwithstanding section 12-904, subsection B, by order of the court or by stipulation of all parties to the action, the record may be shor…

A. An action to review a final administrative decision shall be heard and determined with convenient speed. If requested by a party to an action within thirty days after filing a notice of appeal, the court shall hold an evidentiary hearing, including testimony and argument, to t…

A. The superior court may: 1. With or without bond, unless required by the statute under authority of which the administrative decision was entered, and before or after the filing of the notice of appearance, stay the decision in whole or in part pending final disposition of the …

Costs may be awarded to the appellee agency if a judgment adverse to the appellant is rendered. Such costs may be awarded in an amount deemed reasonable by the superior court, based on the expense the appellee agency has incurred in preparing the record of the proceedings before …

The final decision, order, judgment or decree of the superior court entered in an action to review a decision of an administrative agency may be appealed to the supreme court.

A. Where applicable, the rules of procedure for judicial review of administrative decisions in superior courts, including rules relating to appeals to the supreme court, shall apply to all proceedings except as otherwise provided in this article, except in cases in which the supe…

A. In any proceeding in which the constitutionality, legality or application of a law that was enacted through an initiative is at issue, the official initiative proponent, whether an individual, a group of individuals or an organization, that wishes to defend the law shall have …

A. When a proceeding is begun in a court in this state for the purpose of enforcing a statute of the state or an administrative order of a board, commission, or other agency of the state, and in defense thereto the assertion is made that the statute or administrative order is unc…

A. When an action praying for a preliminary injunction is begun in a federal district court to restrain an official or officials of this state from enforcing or administering a statute or administrative order of this state, or to set aside or enjoin such statute or administrative…

In this article, unless the context otherwise requires: 1. "Dispose" means the transfer of property by its return to the owner, sale, conversion or destruction or by any other means of disposal. 2. "Evidence" means property that is held for possible presentation in a judicial or …

A. A state, county, city or town agency shall dispose of all property that was used as evidence and that remains unclaimed in the hands of the agency, after final disposition of the cause in which so used, or that was seized by a peace officer as being used unlawfully or for an u…

A. If property described in section 12-941 is not claimed and taken away by the owner within thirty days after the time it has been delivered to the agency pursuant to section 12-941, the agency may at any time thereafter proceed to dispose of it in the manner provided in this ar…

All property that is described in section 12-941 and that is in the possession of a state, county, city or town agency may only be disposed of pursuant to this article.

A. If an agency takes any property from a person, the agency shall provide the person with a detailed receipt for the property. The receipt shall contain a notice to the person on how to retrieve the property from the agency. B. If the owner of found property that has a value of …

A. If after thirty days' notice has been given the owner or person entitled to the property has not taken it away, the property may be sold. The proceeds shall be paid to the general fund of the jurisdiction from which the unclaimed property was received. B. Notwithstanding subse…

In this article, unless the context otherwise requires: 1. "Medical care and treatment" includes hospital, medical, psychological, surgical and dental care, ambulance services, prostheses, medical appliances and supplies, pharmaceutical supplies, occupational therapy and physical…

A. If this state or any of its political subdivisions provides medical care and treatment to a person who is injured or suffers from a disease under circumstances creating tort liability upon a third person, the state or political subdivision, either jointly or severally, may rec…

A. This state or any of its political subdivisions required by law to furnish medical care and treatment may either: 1. Compromise, or settle and execute a release of, any claim which it has pursuant to section 12-962. 2. Waive any claim it has pursuant to section 12-962 in whole…

This article does not affect any other provision of law providing for recovery by this state or any of its political subdivisions of the cost of care and treatment described in section 12-962.

In this article, unless the context otherwise requires: 1. "Extraordinary emergency services" means: (a) The actual and related costs of additional police, fire fighting, public works, paramedic and medical personnel utilized other than those who are normally on duty; and (b) The…

A. A person is liable to this state or a political subdivision of this state for extraordinary emergency services which are reasonably required as a result of the person's negligence or intentional misconduct in the use, storage or transportation of hazardous materials, hazardous…

In this article, unless the context otherwise requires: 1. "Governmental entity" means a county, municipality, school district, chartered unit or subdivision, a governmental unit or other special district or similar entity or any association, authority, board, commission, divisio…

A. A volunteer is immune from civil liability in any action based on an act or omission of a volunteer resulting in damage or injury if: 1. The volunteer acted in good faith and within the scope of the volunteer's official functions and duties for a nonprofit corporation or nonpr…

A. Residential property that is regularly used in the commission of a crime is a nuisance, and the criminal activity causing the nuisance shall be enjoined, abated and prevented. B. If there is reason to believe that a nuisance as described in subsection A of this section exists,…

A. If the existence of a nuisance on a residential property as described in section 12-991 is shown in the action to the satisfaction of the court either by verified complaint or affidavit and the court finds that the owner, the owner's managing agent or the party responsible for…

A. An action that is filed pursuant to section 12-991 or 12-998 has precedence in the trial courts over all actions except juvenile proceedings, criminal proceedings, election contests and hearings on injunctions. B. If the action is brought by a resident and the court finds that…

A. A person who intentionally or knowingly violates or disobeys a temporary restraining order, a preliminary injunction, a permanent injunction or any other order issued by the court pursuant to section 12-992 is guilty of a class 5 felony. B. A person who intentionally or knowin…

A. The plaintiff in an action brought pursuant to section 12-991 shall file a notice of the abatement action in the office of the recorder of the county in which the property that is the subject of the action is located. The notice shall state the following: 1. The name of the pa…

A. In any judicial proceeding brought under sections 12-991 and 12-992, if the court determines that a nuisance exists and that the appointment of a temporary receiver is necessary to abate the nuisance or to otherwise enforce any order issued by the court, the court, on its own …

A. In any judicial proceeding brought under sections 12-991 and 12-992, the court, on its own motion or on the motion of any party, may issue an order to close all or part of the premises involved if the court finds both of the following: 1. A nuisance exists. 2. The public healt…

A. The use of a commercial building or place regularly used in the commission of a crime is a nuisance and the criminal activity causing the nuisance shall be enjoined, abated and prevented and damages may be recovered. B. If there is reason to believe that a nuisance as describe…

A. If the existence of a nuisance on commercial property as described in section 12-998 is shown in the action to the satisfaction of the court either by verified complaint or affidavit, the court shall enter a temporary restraining order to abate and prevent continuance or recur…

An owner is liable to this state or a political subdivision of this state for the expenses incurred by this state or a political subdivision of this state in rescuing animals that belong to the owner if the animals have been cruelly treated or neglected and the owner has been con…

A. An action to determine and quiet title to real property may be brought by any one having or claiming an interest therein, whether in or out of possession, against any person or the state when such person or the state claims an estate or interest in the real property which is a…

The complaint shall: 1. Be under oath. 2. Set forth generally the nature and extent of plaintiff's estate. 3. Describe the premises. 4. State that plaintiff is credibly informed and believes defendant makes some claim adverse to plaintiff. When the state is made defendant, the co…

A. If defendant, other than the state, appears and disclaims all right and title adverse to plaintiff, he shall recover his costs. B. If a party, twenty days prior to bringing the action to quiet title to real property, requests the person, other than the state, holding an appare…

A. In an action to quiet title to real property, if the complaint sets forth that any person or the state has or claims an interest in or a lien upon the property, and that the interest or lien or the remedy for enforcement thereof is barred by limitation, or that plaintiff would…

Subject to the provisions of this title, the right of eminent domain may be exercised by the state, a county, city, town, village, or political subdivision, or by a person, for the following uses: 1. All public uses authorized by the government of the United States. 2. Buildings …