Title 12 — Courts and Civil Proceedings

A. The chief judge shall assign three of the judges to each department, and such assignment may be changed by him from time to time. Each of the departments shall have the power to hear and determine causes and all questions arising therein. The presence of three judges shall be …

A. Each division shall appoint a clerk of the court and other required personnel, all of whom shall serve at the pleasure of the court. B. The clerk of each division shall, before entering on the duties of his office, take the oath of office. C. The clerk and other personnel shal…

A. The clerk of each division shall: 1. Issue writs and processes of the court. 2. Enter, under the direction of the court, all orders, judgments and decrees required to be entered, the title of each action, the date of filing it in the court of appeals, and a memorandum of all s…

The designated post of duty of judges of the court of appeals who are elected by the voters of the counties in division one, excluding Maricopa county, and in division two, excluding Pima county, as prescribed by the terms of section 12-120.02, shall be deemed to be their place o…

A. The court of appeals shall have: 1. Appellate jurisdiction in all actions and proceedings originating in or permitted by law to be appealed from the superior court, except criminal actions involving crimes for which a sentence of death has actually been imposed. 2. Jurisdictio…

A. Appeals to the court of appeals shall be taken from the superior court in the manner prescribed for appeals to the supreme court and within like time. B. No case, appeal or petition for a writ brought in the supreme court or court of appeals shall be dismissed for the reason o…

The supreme court may transfer to the court of appeals for decision a case or appeal pending before the supreme court if the case or appeal is within the jurisdiction of the court of appeals.

A party against whom a decision has been rendered or against whom a motion for dismissal of the action has been granted in the court of appeals may file in such court a motion for rehearing after the rendition of the decision or order of dismissal, setting forth with particularit…

A. Fees and costs in the court of appeals shall be the same as supreme court fees and costs pursuant to section 12-119.01. B. Fees charged by the court of appeals for electronic filing of documents and electronic access shall be the same amount as fees charged by the supreme cour…

A. No additional fees shall be charged when an appeal or petition for a writ is transferred to another court. B. The filing fees required under section 12-119.01 for petitions for review of a decision of the court of appeals, cross petitions for review and responses to petitions …

A. In each county of the state there shall be a superior court for which at least one judge shall be elected. In each county having a census enumeration greater than thirty thousand inhabitants, and upon petition by the board of supervisors of such county to the governor and his …

The superior court, in addition to the powers conferred by constitution, rule or statute, may proceed according to the common law.

A. The superior court shall have original and concurrent jurisdiction as conferred by the constitution, and concurrent jurisdiction with justices of the peace of misdemeanors where the penalty does not exceed a fine of two thousand five hundred dollars or imprisonment for six mon…

A. The superior court shall have appellate jurisdiction in all actions appealed from justices of the peace, inferior courts, boards and officers from which appeals may, by law, be taken. B. The superior court may issue writs of certiorari to inferior courts, boards or officers to…

When the right of appeal to the superior court from an officer, board or commission is provided by law, but the manner of taking the appeal and the procedure thereon is not prescribed, the laws relating to taking appeals from courts of justices of the peace shall apply insofar as…

A. The superior court shall have a seal which shall be the vignette of Abraham Lincoln with the words "seal of the superior court of the state of Arizona in and for the county of ____________" surrounding the vignette. The seal shall be kept by the clerk of the court. B. The seal…

A. The superior court shall at all times be open for transaction of business except on nonjudicial days. The superior court shall not transact business on a legal holiday except: 1. To give, on its request, instructions to a jury deliberating on its verdict. 2. To receive a verdi…

Judges of the superior court shall each receive an annual salary pursuant to section 41-1904, which is payable one-half by this state and one-half by the counties respectively, except that in counties with a population of more than two million persons, in: 1. Fiscal year 2010-201…

A. A superior court judge or commissioner shall not receive his salary unless such judge or commissioner either certifies that no cause before such judge or commissioner remains pending and undetermined for sixty days after it has been submitted for decision or there is submitted…

A. When a judge of the superior court in any county is called into another county by the superior judge thereof, or by the governor, to hold court or preside over any proceeding, the judge shall be paid a per diem subsistence allowance pursuant to section 38-624 by the county int…

A. The regular sessions of the superior court shall be held at the county seat and at such other places within the county authorized by the county board of supervisors. B. If a room for holding the court is not provided by the county, together with attendants, fuel, lights and su…

A. At least ninety days before a term of a nonattorney member on a commission on trial court appointments expires the commission shall notify the member of the board of supervisors from the district in which the vacancy will occur of that vacancy. B. Pursuant to article VI, secti…

A. In counties that have a population of less than two hundred fifty thousand persons the presiding judges of the superior court may agree to establish a regional mental health court. A superior court judge of a court that participates in a regional mental health court may refer …

A. The superior court, by rule of court, shall do both of the following: 1. Establish jurisdictional limits of not to exceed sixty-five thousand dollars for submission of disputes to arbitration. 2. Require arbitration in all cases which are filed in superior court in which the c…

A. A court may refer cases to mediation and other alternative dispute resolution procedures to promote the resolution of cases filed in the court. B. The board of supervisors in each county, in cooperation with the presiding judge of the superior court in the county, may establis…

A. The alternative dispute resolution fund is established consisting of monies deposited in the fund pursuant to section 12-284.03, subsection A, paragraph 5, section 22-281, subsection C, paragraph 2 and section 41-178. B. Courts wishing to participate in the alternative dispute…

A. If an alternative dispute resolution fee is established pursuant to section 12-134, the county treasurer shall establish a local alternative dispute resolution fund. The superior court shall transmit monthly to the county treasurer for deposit in the local alternative dispute …

A. Notwithstanding any law to the contrary, an involuntary commitment order of an Arizona tribal court filed with the clerk of the superior court shall be recognized and is enforceable by any court of record in this state, subject to the same procedures, defenses and proceedings …

B. A judge may not select a case for assignment to the judge. A judge may not refuse to accept an assigned case unless good cause exists or a court rule or ethical consideration requires or allows for refusal.

Upon request of the presiding judge of the superior court in any county the chief justice of the state supreme court may appoint judges pro tempore of the superior court for such county in the manner provided by this article and subject to the approval of the board of supervisors…

A. A judge pro tempore of the superior court shall be: 1. Not less than thirty years of age. 2. Of good moral character. 3. Admitted to the practice of law in this state for not less than five years next preceding his appointment. 4. A resident of this state for not less than fiv…

A. The salary of a judge pro tempore shall be paid one-half by the state and one-half by the county to which such judge is assigned. B. The sessions of the superior court presided over by a judge pro tempore shall be held wherever the county board of supervisors may direct, if ap…

A. The chief justice of the supreme court may appoint a judge pro tempore of the superior court for a county pursuant to section 12-141 without regard to the number of judges that are prescribed by section 12-121. B. The term of a judge pro tempore may be for any period of time n…

Upon request of the chief judge of a division of the court of appeals, the chief justice of the state supreme court may appoint judges pro tempore of the court of appeals for such division in the manner prescribed by this article, subject to the availability of appropriated funds…

A. A judge pro tempore of the court of appeals shall be: 1. Not less than thirty years of age. 2. Of good moral character. 3. Admitted to the practice of law in this state for not less than five years next preceding his appointment. 4. A resident of this state for not less than f…

A. The chief justice of the state supreme court may appoint a judge pro tempore for a division of the court of appeals as provided for in section 12-145 without regard to the number of judges prescribed by section 12-120, subsection B. B. The term of a judge pro tempore may be fo…

A. In this chapter, unless the context otherwise requires, "tax court" means the tax department of the superior court in Maricopa county when exercising the original jurisdiction of the superior court over cases of equity and at law which involve the legality of any tax, impost o…

A. The tax court is under the administrative supervision of the presiding judge of the superior court in Maricopa county, who shall establish the personnel and budget requirements of the principal office of the court. B. The principal office of the tax court is at the superior co…

A. Except as provided in subsection B of this section, if it appears from the pleadings or other pleadings filed with the superior court that an action involves the imposition, assessment or collection of a tax, including all questions of law and fact relating to disputes about t…

A. A judge of the tax court shall be a superior court judge who has been duly selected as provided by law and assigned to the tax court by the presiding judge of the superior court in Maricopa county. B. In addition to the qualifications prescribed by law for a superior court jud…

A. All actions involving disputes arising under the jurisdiction of the tax court shall be brought in the superior court in Maricopa county. B. Except for actions that involve disputes about taxes arising under title 42, chapters 11 through 16, an action involving a tax, impost o…

Except as provided in this article, proceedings in the tax court shall be governed by the rules of civil procedure in the superior court.

A. Except as provided in subsection B of this section, the filing and appearance fees in the tax court are the same as the statutory fees in the superior court and are subject to the same exemptions provided by law for this state or a county, city, town or political subdivision. …

A. Proceedings before the court are original, independent proceedings and shall be tried de novo. B. If an action is an appeal from an order or determination of an administrative agency, the action shall be an original proceeding in the nature of a suit to set aside the order or …

A. The superior court in Maricopa county may adopt rules of procedure and practice for the tax court if supplemental rules to the existing rules of civil procedure for the superior court and the uniform rules of practice of the superior court are needed to simplify procedures and…

A. The tax court, except when it is sitting as a small claims tax court, shall render its decision in writing and, on its own motion or at the request of a party, include a concise statement of the facts found and the conclusions of law reached by the court. B. In its judgment th…

Decisions of the tax court that the court finds are of general public interest, other than decisions relating to ad valorem property tax, shall be published and distributed in the same manner as provided for the publication and distribution of the opinions of the supreme court.

A. A taxpayer may elect to use simplified, small claims procedures in the following cases: 1. Disputes concerning the valuation or classification of property in which the property is class three property as described in section 42-12003 or in which the full cash value of all real…

A. After the taxpayer makes an election to use small claims procedures, the applicable state or local taxing authority shall be notified and provided a copy of the complaint by mail by the clerk of the tax court and becomes a party to the small claims case after receiving the not…

A. A small claims hearing shall be informal and the judge or commissioner may hear any testimony and receive any evidence necessary for a just and equitable determination of the case. All testimony shall be given under oath. B. A party in a small claims case may appear on his own…