Title 12 — Courts and Civil Proceedings

If there is more than one surety and one or more of them has failed to pay his proportionate part of the judgment, execution may issue, as provided in section 12-1643, against the principal for the use of the surety who has paid more than his proportionate part for the whole amou…

If a sheriff or other officer is compelled to pay a judgment or a part thereof by reason of a default of such officer, except for failing to pay over any money collected or for wasting property levied on, the sheriff or other officer may have execution therefor against the princi…

The remedy provided in this article for sureties extends to endorsers, guarantors, drawers of bills which have been accepted, and every other suretyship, whether created by express contract or operation of law.

In this article, unless the context otherwise requires: "Foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any superior court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the superi…

A. At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of the superior court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment c…

A. If the judgment debtor shows the superior court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expir…

Any person filing a foreign judgment shall pay to the clerk a fee pursuant to section 12-284. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of the superior court.

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired.

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

This article may be cited as the uniform enforcement of foreign judgments act.

A. In any civil action, a monetary judgment may not be paid to a person who is or was previously incarcerated in the state department of corrections before all restitution and incarceration costs owed by the person are paid if the monetary judgment is against this state, a politi…

Judges of the superior court may grant writs of injunction: 1. When it appears that the party applying for the writ is entitled to the relief demanded, and such relief or any part thereof requires the restraint of some act prejudicial to the applicant. 2. When, pending litigation…

An injunction shall not be granted: 1. To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless the restraint is necessary to prevent a multiplicity of such proceedings. 2. To stay proceedings in a court of the United Sta…

A. An injunction may be granted at the time of commencing the action upon the complaint, and at any time afterward before judgment upon affidavits. The complaint or the affidavits shall set forth sufficient grounds therefor. B. An injunction shall not be granted on the complaint …

The notice, together with a copy of the complaint or affidavits upon which the application is based, shall be served upon the parties sought to be enjoined.

An injunction shall not be granted to stay any judgment or proceedings at law, except so much of the recovery or cause of action as plaintiff in the complaint shows himself equitably entitled to be relieved against, and so much as will cover the costs.

A. An injunction to stay an execution upon a valid and subsisting judgment shall not be granted after expiration of one year from the rendition of the judgment, unless it appears that an application for the injunction has been delayed in consequence of the fraud or false promises…

A. An injunction against the working and mining of a lode, placer or mining claim shall not be granted without notice to the opposite party, and, except as provided in subsection B, no preliminary injunction or temporary restraining order shall be issued to prevent the working or…

A. A preliminary injunction or temporary restraining order shall not be granted between employer and employee, or between employees, or between persons employed and persons seeking employment, involving or arising from a dispute concerning terms or conditions of employment, unles…

A. A person may file a verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting harassment. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the …

B. The court shall not grant an injunction against workplace harassment against either: 1. A person who is under twelve years of age unless the injunction is granted by the juvenile division of the superior court. 2. More than one defendant. C. The petition shall state all of the…

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decre…

Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validi…

A contract may be construed either before or after there has been a breach thereof.

Any person interested as or through a personal representative, administrator, trustee, guardian, conservator or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, ward, or insolv…

The enumeration in sections 12-1832, 12-1833 and 12-1834 does not limit or restrict the exercise of the general powers conferred in section 12-1831, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an unc…

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

All orders, judgments and decrees under this article may be reviewed as other orders, judgments and decrees.

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by complaint or appropriate pleading to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shal…

When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

In any proceeding under this article the court may make such award of costs as may seem equitable and just.

A. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding that involves the validity …

This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.

The word "person" wherever used in this article shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

The several sections and provisions of this article except sections 12-1831 and 12-1832, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the article invalid or inoperative.

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.

This article may be cited as the uniform declaratory judgments act.

The supreme court may answer questions of law certified to it by the supreme court of the United States, a court of appeals of the United States, a United States district court or a tribal court when requested by the certifying court if there are involved in any proceedings befor…

This article may be invoked by an order of any of the courts referred to in section 12-1861 on the court's own motion.

A certification order shall set forth both of the following: 1. The questions of law to be answered. 2. A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.

A. The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing and forwarded to the supreme court by the clerk of the certifying court under its official seal. B. The supreme court may require the original or copies of all or of…

Fees and costs shall be the same as in civil appeals docketed before the supreme court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.

Proceedings in the supreme court shall be those provided in rules adopted by it and statutes governing briefs and arguments.

The written opinion of the supreme court stating the law governing the questions certified shall be sent by the clerk under the seal of the supreme court to the certifying court and to the parties.

A. After the commencement of an action that is brought as a class action and after a hearing, the court shall determine by order whether the action is to be maintained as a class action. The court may condition, alter, amend or withdraw its order at any time before the decision o…

In the conduct of class actions, the court may make orders that: 1. Determine the course of the proceedings or that prescribe measures to prevent undue repetition or complication in the presentation of evidence or argument. 2. For the protection of the class members or for the fa…

A. The court's certification or refusal to certify a class action is appealable in the same manner as a final order or judgment. B. If an appeal is filed pursuant to this section, all discovery and other proceedings shall be stayed except that on motion of a party, the court may …

The writ of certiorari may be granted by the supreme and superior courts or by any judge thereof, in all cases when an inferior tribunal, board or officer, exercising judicial functions, has exceeded its jurisdiction and there is no appeal, nor, in the judgment of the court, a pl…

A. An application for a writ of certiorari shall be made on affidavit by the party beneficially interested, and the court may grant the writ with or without notice to the adverse party, or may enter an order to show cause why it should not be granted. B. The writ may be directed …