Title 12 — Courts and Civil Proceedings

Every written instrument, except promissory notes, bills of exchange, and the last wills of deceased persons, may be acknowledged as deeds are required to be acknowledged, and when so acknowledged shall be received in evidence without further proof of execution.

Certified copies, under the hands and official seals, if there are official seals, by all state and county officers of all documents properly on file with such officers, shall be received in evidence as the originals might be received.

A birth, death or fetal death certificate is prima facie evidence of the facts therein stated, but if an alleged father of a child is not the husband of the mother, the certificate shall not be prima facie evidence of paternity if that fact is controverted by the alleged father.

A certificate of marriage executed in accordance with the laws of this state or a foreign state or country, or the record thereof, or a certified copy of such record shall be prima facie evidence of the facts therein stated in any proceeding, civil or criminal, in which the matte…

A certificate of purchase or a certificate of location or a duplicate receiver's receipt for land situated in this state, issued or made pursuant to any law of the United States or of this state, is prima facie evidence that the holder or assignee of such certificate or receipt i…

In this article, unless the context otherwise requires: 1. "Clinical laboratory" has the same meaning prescribed in section 36-451. 2. "Contractor" means an agency or service that duplicates medical records on behalf of health care providers. 3. "Department" means the department …

A. Unless otherwise provided by law, all medical records and payment records, and the information contained in medical records and payment records, are privileged and confidential. A health care provider may only disclose that part or all of a patient's medical records and paymen…

A. Except as provided in subsections B and C of this section, on the written request of a patient or the patient's health care decision maker for access to or copies of the patient's medical records and payment records, the health care provider in possession of the record shall p…

A. A health care provider shall disclose medical records or payment records, or the information contained in medical records or payment records, without the patient's written authorization as otherwise required by law or when ordered by a court or tribunal of competent jurisdicti…

A. A subpoena seeking medical records or payment records shall be served on the health care provider and any party to the proceedings at least ten days before the production date on the subpoena. B. A subpoena that seeks medical records or payments records must meet one of the fo…

A. Except as otherwise provided by law, a health care provider or contractor may charge a person who requests reproductions of medical records or payment records a reasonable fee for the reproduction of the records pursuant to this section. Except as necessary for continuity of c…

A health care provider, contractor or clinical laboratory that acts in good faith under this article is not liable for damages in any civil action for the disclosure of medical records, payment records or clinical laboratory results or information contained in medical records, pa…

A. Unless otherwise required by statute or by federal law, a health care provider shall retain the original or copies of a patient's medical records as follows: 1. If the patient is an adult, for at least six years after the last date the adult patient received medical or health …

In this article, unless the context otherwise requires: 1. "Advance payment" means any money or other thing of value voluntarily paid or provided before trial, as compensation or reimbursement for damages, to or for the benefit of any person having or asserting a claim for damage…

A. During trial of any action brought for damages for personal injuries or for wrongful death or for damage or destruction of property, evidence of an advance payment made by a defendant or any person acting on behalf of a defendant to or for the benefit of any person having or a…

In this article, unless the context otherwise requires, "silent witness or crime stopper program" means a program which meets each of the following requirements: 1. The purpose of the program is to obtain information on wanted persons, felony crimes and other criminal activity. 2…

A. A record of a communication between a person who submits a report of criminal activity to a silent witness, crime stopper or operation game thief program administered by a police department, a sheriff's department, a county attorney's office or the Arizona game and fish depart…

In this article, unless the context otherwise requires: 1. "Actual harm" means damage, loss or injury. 2. "Audit report" means an audit report, prepared by an organization, as prescribed by section 12-2322. 3. "Health or safety law" means a federal, state or local statute, rule, …

A. Except for an item described in section 12-2326, an audit report shall include each document and communication that is created for an audit to evaluate an organization's compliance with a health or safety law or an industry standard of excellence with respect to safety, reliab…

A. Except as provided in sections 12-2324, 12-2325 and 12-2326, any part of an audit report conducted by an organization is privileged and is not admissible as evidence or subject to discovery in any of the following: 1. A legal or an equitable civil action. 2. An administrative …

A. The privilege prescribed in section 12-2323 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared. B. Disclosure of an audit report or any information generated by a health or s…

A. A court or administrative hearing officer with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing officer determines after an in camera review that any of the following ap…

A. The privilege prescribed in this article does not apply to: 1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under a health or safety law. 2. Information obtained by observatio…

A. If an audit report is obtained, reviewed or used in a criminal proceeding, the privilege prescribed in this article is not waived or eliminated for any other purpose. B. Notwithstanding the privilege prescribed in this article, a regulatory agency may review information in an …

A. This article does not provide civil or criminal immunity to an organization or to affect any other privilege that may be available by law. B. This article does not apply to a health professional as defined in section 32-3201 or a health care institution as defined in section 3…

In this article, unless the context otherwise requires: 1. "Party" means any plaintiff or defendant in any civil action, in any superior or justice court of this state. 2. "Property" means any present or future interest in wages, real estate, goods, chattels or choses in action w…

A. Any provisional remedy may be issued by any judge of the superior court or justice of the peace of this state before judgment and without prior notice to the party against whom it will operate in any of the following cases: 1. When the party against whom the provisional remedy…

Except as provided in section 12-2402, no provisional remedy shall be issued by any judge or justice of the peace until: 1. All statutory requirements for the issuance of such provisional remedy have been complied with by the party seeking such remedy. 2. An application and notic…

A. A party may at any time after the filing of a civil action make application, under oath, to the court to issue any provisional remedy allowed by law. B. Such application shall be filed with the judge, justice of the peace or clerk of any superior or justice court and shall set…

Upon the filing of an application as provided in section 12-2404, the justice of the peace or clerk of any superior court shall issue a notice directed to any party against whom any provisional remedy would operate substantially in the following form: "NOTICE

A. A copy of the notice as set forth in sections 12-2402 and 12-2405 and a copy of the application for issuance of any provisional remedy shall be served on each party against whom any remedy will operate in the manner prescribed by law for service of a summons and complaint. B. …

A. Each party served with a copy of the notice set forth in section 12-2405 and an application for any provisional remedy may request a date be set for the hearing on such application by filing with the clerk of the court within ten days after service of the notice a written requ…

A. If no request for hearing date is filed within the time provided by section 12-2407, the party seeking any provisional remedy, or that party's attorney, shall file an affidavit of default setting forth that service was made, that no request for hearing date was filed and that …

A. The judge or justice of the peace shall within five days, exclusive of weekends and holidays, after entry of default as provided in section 12-2408, review and examine all pleadings, affidavits and documents filed in the action to determine the following: 1. That an affidavit …

A. Upon filing of a request for hearing pursuant to section 12-2407, the party seeking any provisional remedy or the court shall cause the matter to be set for hearing. B. Hearing shall be before a judge or justice of the peace and shall be heard no later than five days exclusive…

If a hearing is held pursuant to section 12-2402, subsection C, or section 12-2410 and the provisional remedy ordered issued is quashed or no provisional remedy is ordered issued the court may award reasonable attorney's fees to the party against whom the provisional remedy was i…

Notwithstanding any agreement to the contrary, a waiver of the right to a hearing provided by this article shall be void and unenforceable.

A. A minor who wishes to be emancipated may file a petition for an emancipation order with the clerk of the court in the county in which the minor resides if all of the following apply: 1. The minor is at least sixteen years of age. 2. The minor is a resident of this state. 3. Th…

1. Refer the parties to mediation. 2. If the court reasonably believes that the petition contains an allegation of child abuse or neglect, require the department of child safety to investigate the allegation and make a written report of the investigation to the court. B. If the m…

A. The court shall determine emancipation based on the best interests of the minor and shall consider all relevant factors, including: 1. The potential risks and consequences of emancipation and to what degree the minor understands these risks and consequences. 2. The wishes of t…

A. An emancipation order issued pursuant to this article recognizes the minor as an adult for the following purposes: 1. The right to enter into a binding contract. 2. The ability to sue and be sued. 3. The right to buy and sell real property. 4. The right to establish a legal re…

This state shall recognize a minor as an emancipated minor if that minor can document emancipation from another jurisdiction of the United States and is at least sixteen years of age.

A. Each county treasurer shall establish an emancipation administrative costs fund consisting of monies received pursuant to section 12-284, subsection J. B. The presiding judge of the juvenile court shall use fund monies for administrative costs associated with this article. C. …

A. Except as otherwise provided in this article, if two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered aga…

In determining the pro rata share of tortfeasors in the entire liability: 1. Their relative degrees of fault are the basis for allocation. 2. If equity requires, the collective liability of some as a group constitutes a single share. 3. Principles of equity applicable to contribu…

A. Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action. B. If a judgment has been entered in an action against two or more tortfeasors for the same injury or w…

If a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death both of the following apply: 1. It does not discharge any of the other tortfeasors from liability fo…

A. The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the re…

A. In an action for personal injury, property damage or wrongful death, the liability of each defendant for damages is several only and is not joint, except as otherwise provided in this section. Each defendant is liable only for the amount of damages allocated to that defendant …

A counterclaim or cross claim for injury to person or property or for wrongful death shall be treated as an independent claim for purposes of section 12-2506. A claim and counterclaim shall not be set off against each other except by agreement of both parties.