Title 12, Courts and Civil Proceedings

The officer, after delivery to him of the bond provided in section 12-1303, shall take the property and deliver it to plaintiff unless the defendant, within two days after the taking, executes and delivers to the officer a bond payable to plaintiff in an amount not less than doub…

The bonds taken by the officer relating to the claim and delivery of personal property shall be filed with the clerk within five days next after they are taken, and with a justice of the peace in three days.

If it appears to the court at any time before trial that either of the bonds is not good and sufficient, it shall order the party to give a new bond with good and sufficient sureties within such time as the court directs. Upon failure of the party to comply with the order, the co…

In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or if the defendant by his answer claims a return thereof, the jury, if its verdict is in favor of the plaintiff, or if its verdict is in favor of the defendant a…

A. If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial it is found that he is its owner and that he was at the time the action was brought entitled to its possession, then on the trial the value …

If at the time of trial the plaintiff is not in possession of the property, or it is not under his control, and the finding is for the defendant, then the alternative judgment shall not be given but only judgment for the value of the property, the damages suffered by its seizure,…

If judgment is against the defendant and at the time thereof he is in possession of the property by reason of the redelivery bond, the judgment shall be against the defendant and the sureties on his bond for the value of the property, the damages for its detention and costs, and …

If the party adjudged to return the property fails so to do at the time and place adjudged, unless by the election he is allowed to retain it, then the party in default shall be adjudged in contempt of the court and shall continue in contempt until he delivers the property as adj…

When the party elects to take the money judgment, the title, by reason of the election, shall at once vest in the other party to the extent of the interest, claim and title of the party electing to take the money judgment.

A. After execution of any bond taken by virtue of this article, the parties to the action shall be barred from any right of action against the officer for seizure and delivery of the property. B. If the officer fails to take or return a bond as required by law, or if the bond tak…

A. An execution may issue for the delivery of personal property to the sheriff or any constable of the county where the property is located and shall require him to deliver possession of the property, sufficiently describing it, to the party entitled thereto. B. The execution sha…

A. When a sheriff or other officer levies a writ of execution, attachment, replevin or similar writ upon personal property and such property or any part thereof is claimed by a person who is not a party to the writ, such person may present a written claim thereto, under oath, to …

The bond shall be conditioned that if the person making the claim fails to establish his right to the property, he will return it to the officer in as good condition as he received it and will pay the reasonable value of the use, hire, increase and profits thereof from the date o…

A. The officer receiving the claim and bond shall deliver the property so claimed to the person claiming it. B. If the writ under which the levy is made is issued by a justice of the peace or court of the county where the levy is made, the officer shall endorse on the writ that t…

The officer taking the bond shall endorse on the original writ that the claim has been made and bond given, stating by whom, the names of the sureties and to what justice or court the bond has been returned, and he shall forthwith return the original writ to the justice or court …

A. When the assessed value of the property does not exceed two hundred dollars, the writ shall be returned to a justice of the peace for trial. When the assessed value is more than two hundred dollars the claim and bond shall be returned for trial to the superior court having jur…

Within twenty days after docketing the matter, the court shall direct that an issue be made up in writing between the parties and tried as in other cases. The issue shall consist of a brief statement of the authority and right by which plaintiff seeks to subject the property levi…

A. If plaintiff appears and defendant fails to appear or neglects or refuses to join issue within such time as the court prescribes, plaintiff shall be given judgment by default. B. If defendant appears and plaintiff fails to appear or neglects or refuses to tender issues within …

A. The proceedings on the trial shall be as in other cases before such courts, as nearly as practicable. B. If the property was taken from possession of the claimant, the burden of proof shall be on plaintiff. If it was taken from possession of defendant in the writ or any other …

A. If claimant fails to establish his right, judgment shall be given against him and his sureties for the value of the property, with legal interest thereon from the date of the bond and for ten per cent damages. When the value is greater than the amount claimed under the writ by…

If within ten days from the giving of judgment against claimant, he returns the property in as good condition as he received it, and pays interest, damages and costs, such delivery and payment shall operate as satisfaction of the judgment.

A. A claim made to property under this article shall operate as a release of all damages by claimant against the officer who levied upon the property. B. Proceedings for the trial of the right of property shall not prevent plaintiff in the writ from having a levy made upon other …

In this article, unless the context otherwise requires: 1. "Association" means either of the following: (a) The unit owners' association organized under section 33-1241. (b) A nonprofit corporation or unincorporated association of owners created pursuant to a declaration to own a…

A. Except with respect to claims for alleged construction defects involving an immediate threat to the life or safety of persons occupying or visiting the dwelling, a purchaser must first comply with this article before filing a dwelling action. B. A seller and the seller's const…

A. Before filing a dwelling action, the purchaser shall give written notice by certified mail, return receipt requested, to the seller specifying in reasonable detail the basis of the dwelling action. A seller who receives notice under this subsection shall promptly forward a cop…

A. In a contested dwelling action, the court or tribunal may award the prevailing party with respect to a contested issue reasonable attorney fees and taxable costs. A purchaser is deemed the prevailing party with respect to a contested issue if the relief obtained by the purchas…

A. A written contract for the sale of a newly constructed dwelling between a buyer of a newly constructed dwelling and the seller responsible for the original construction of the dwelling shall contain, or provide separate notice of, the following provision: Under Arizona Revised…

A. This article does not apply: 1. To personal injury claims. 2. To death claims. 3. To claims for damage to property other than a dwelling. 4. To common law fraud claims. 5. To proceedings brought pursuant to title 32, chapter 10. 6. To claims solely seeking recovery of monies e…

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…