12-993. Precedence of action; resident actions; costs
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 there was no reasonable basis for bringing the action, the court may assess costs and reasonable attorney fees against the resident. If the court determines that reasonable grounds do exist and issues a final judgment in favor of the plaintiff, the court may assess costs and reasonable attorney fees against the defendant.
Structure Arizona Revised Statutes
Title 12 - Courts and Civil Proceedings
§ 12-101 - Justices; number; term; election
§ 12-102.01 - Criminal case processing and enforcement improvement fund
§ 12-102.02 - State aid to the courts fund
§ 12-102.03 - Local courts assistance fund
§ 12-105 - Days for transaction of business
§ 12-107 - Publication of opinions
§ 12-108 - Reports of decisions; publication; distribution
§ 12-110 - Advisory board; objections to rules
§ 12-111 - Statutes as rules of court
§ 12-112 - Education program for justices and magistrates
§ 12-113 - Judicial collection enhancement fund; purpose; administration; report; definition
§ 12-114 - Surcharge on court authorized diversion programs for traffic offenses; deposit
§ 12-114.01 - Probation assessment; deposit
§ 12-115 - Additional filing, appearance and answer or response fees; deposit
§ 12-116.01 - Surcharges; remittance reports; fund deposits
§ 12-116.02 - Additional surcharges; fund deposits
§ 12-116.03 - Collection agencies
§ 12-116.05 - Address confidentiality program assessment
§ 12-116.06 - Assessment for family offenses, harassment and stalking
§ 12-116.07 - Assessments for dangerous crimes against children and sexual assault
§ 12-116.08 - Penalty assessment; victims' rights; fund deposits
§ 12-116.09 - Assessment; victims' rights enforcement
§ 12-116.10 - Assessment; peace officer training equipment fund
§ 12-116.11 - Assessment; drag racing prevention enforcement fund
§ 12-117 - Public defender training fund; appropriation
§ 12-118 - Use of credit cards by courts; definition
§ 12-119 - Facilities management
§ 12-119.01 - Supreme court fees; distribution
§ 12-119.02 - Electronic filing and access; fee
§ 12-119.03 - Performance audit; supreme court administration and programs; hearing
§ 12-119.04 - Evaluation of superior court commissioners
§ 12-119.05 - Post of duty; supreme court justice
§ 12-120 - Creation of court of appeals; court of record; composition; sessions
§ 12-120.01 - Qualifications of judges; terms; ballots; vacancies
§ 12-120.02 - Election of judges
§ 12-120.03 - Salary of judges
§ 12-120.04 - Chief judge; duties
§ 12-120.05 - Seal; affixing of seal
§ 12-120.06 - Days for transaction of business
§ 12-120.07 - Opinions; publication
§ 12-120.08 - Appointment of clerk; oath; compensation
§ 12-120.09 - Duties of clerk; records; certified copies
§ 12-120.21 - Jurisdiction and venue
§ 12-120.22 - Appeals; transfer of case, appeal or petition for a writ
§ 12-120.23 - Transfer of case and appeal by the supreme court
§ 12-120.24 - Rehearing review by supreme court; issuance of mandate
§ 12-120.31 - Fees and costs; distribution
§ 12-121 - Number of judges; petition for approval of additional judges; additional method
§ 12-122 - General power of superior court
§ 12-123 - Jurisdiction and powers
§ 12-124 - Appellate jurisdiction; issuance of writs
§ 12-125 - Procedure for appeal when not prescribed
§ 12-126 - Seal; affixing of seal
§ 12-127 - Days for transaction of business; exceptions
§ 12-128 - Salary of judges; payment by state and counties
§ 12-129 - Expenses of judge sitting in other county or supreme court
§ 12-130 - Place of holding court; accommodations
§ 12-132 - Regional mental health courts; establishment; authority to adjudicate
§ 12-135 - Alternative dispute resolution fund
§ 12-135.01 - Local alternative dispute resolution fund; report
§ 12-136 - Tribal courts; involuntary commitment orders; recognition
§ 12-137 - Civil case assignment
§ 12-141 - Appointment of judges pro tempore
§ 12-143 - Payment of salaries and other expenses; providing facilities; judicial employees
§ 12-144 - Limitations; term; reappointment; extension of duties; powers and duties
§ 12-145 - Appointment of judges pro tempore of the court of appeals
§ 12-147 - Limitations; term; reappointment; extension of duties; powers and duties
§ 12-161 - Definition of tax court
§ 12-162 - Administration of the tax court; principal office; travel expenses; facilities; employees
§ 12-163 - Assignment to tax court
§ 12-165 - Venue; change of judge
§ 12-166 - Commencement of proceedings
§ 12-167 - Filing fees; filing by mail
§ 12-169 - Rules of procedure; reporting
§ 12-170 - Decisions; judgment; appeal
§ 12-171 - Publication of decisions
§ 12-172 - Small claims procedures; election; judge
§ 12-173 - Notice; dismissal; removal
§ 12-174 - Hearing; representation; no appeal right
§ 12-201 - Oath; office; deputies
§ 12-202 - Duties; record of proceedings; certified copies
§ 12-202.01 - Preservation and destruction of records
§ 12-203 - Salary of clerk and deputy; administrative director
§ 12-211 - Appointment; qualifications and residence
§ 12-212 - Powers; compensation
§ 12-213 - Commissioners in certain counties; appointment; powers and duties; salary
§ 12-221 - Appointment and oath
§ 12-223 - Attendance at and report of proceedings; sale of transcripts
§ 12-224 - Salary; fees for transcripts; free transcripts; office supplies
§ 12-225 - Appointment of deputies; compensation
§ 12-231 - Appointment and duties
§ 12-241 - Appointment; court attendance
§ 12-242 - Interpreters for deaf persons; proceedings; definitions
§ 12-251 - Adult probation officers and support staff; appointment; qualifications
§ 12-252 - Salaries and expenses
§ 12-254 - Chief adult probation officer; duties; other officers' duties
§ 12-255 - Private enterprise probation services
§ 12-256 - Probation officers; enforcement of pretrial release conditions
§ 12-259 - Adult surveillance officers; appointment; qualifications; salaries; expenses
§ 12-259.01 - Powers and duties
§ 12-262 - Submission of plan; use of funds; report
§ 12-263 - Approval and revocation of plans
§ 12-264 - Continued allocation of funds
§ 12-265 - Allocation of funds; prohibition
§ 12-266 - Administrative personnel
§ 12-267 - Adult probation services fund; accounts; expenditure plan; use
§ 12-268 - Juvenile probation fund; use
§ 12-281 - Oath; bond; salary; annual increase; prohibition
§ 12-284.01 - Document and digital evidence storage and retrieval conversion fund; purposes
§ 12-284.03 - Distribution of fees
§ 12-285 - Refusal of clerk to disburse fine or forfeiture; classification
§ 12-286 - Investment of deposits; definition
§ 12-287 - Clerk of the superior court victim location fund; exemption from lapsing
§ 12-288 - Removal of debts from accounting system
§ 12-289 - Spousal maintenance enforcement enhancement fund; surcharge
§ 12-299.01 - Submission of plan; use of monies; prohibitions
§ 12-299.02 - Community punishment advisory committee; duties
§ 12-299.03 - Duties of the supreme court; evaluation
§ 12-299.05 - Administrative personnel
§ 12-299.10 - Court security officers; certification; powers and duties
§ 12-301 - Time of payment of fees; effect of failure to collect; alternative payment methods
§ 12-303 - Witness fees and mileage
§ 12-305 - County law library fund
§ 12-311 - Filing, appearance, judgment and decree fees
§ 12-312 - Fees for intervenors and new parties
§ 12-313 - Probate conservatorship, guardianship and fiduciary fees
§ 12-314 - Prohibition upon rule allowing tax, charge or allowance
§ 12-321 - Appeals or original applications
§ 12-322 - Notice of prepayment; effect of failure to pay
§ 12-331 - Taxable costs in supreme court
§ 12-332 - Taxable costs and jury fee in superior court
§ 12-333 - Disallowance as costs of charge for unrequired papers
§ 12-341.01 - Recovery of attorney fees
§ 12-341.02 - Recovery of legal document preparation fees
§ 12-343 - Costs of new trial, arrest of judgment or insufficient pleadings
§ 12-344 - Costs upon splitting of action
§ 12-346 - Statement of costs; service and objections
§ 12-347 - Inclusion of costs and interest in judgment
§ 12-348.01 - Recovery of attorney fees; governmental entities
§ 12-349 - Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
§ 12-350 - Determination of award; reasons; factors
§ 12-352 - Medical malpractice judgments; payment of interest; definition
§ 12-353 - Recovery of costs; attorney discipline investigations; definition
§ 12-402 - Venue of actions commenced after organization of new county
§ 12-403 - Transfer of action to new county
§ 12-404 - Action brought in wrong county; jurisdiction; application for transfer; hearing
§ 12-405 - Change of venue by consent
§ 12-406 - Change of venue for cause; grounds; bond; appeal
§ 12-408 - Procedure for change of venue when county is a party
§ 12-409 - Change of judge; grounds; affidavit
§ 12-410 - Punishment for contempt for filing affidavit for change of judge prohibited
§ 12-411 - Limitation on changes of venue or judge; selection of county or judge
§ 12-501 - Effect of absence from state
§ 12-502 - Effect of minority or insanity
§ 12-503 - Tacking of disabilities prohibited
§ 12-505 - Effect of statute changing limitation
§ 12-506 - Action barred by foreign statute of limitation, bankruptcy or insolvency
§ 12-507 - Action against person removing to this state
§ 12-508 - Effect of acknowledgment upon barred action
§ 12-510 - Exemption of state from limitations
§ 12-511 - Civil action arising from criminal conduct; definitions
§ 12-512 - Punitive damages awards; illegal aliens
§ 12-513 - Civil action arising from unlawful mutilation; statute of limitation; treble damages
§ 12-522 - Real property claimed only by right of possession; two year limitation
§ 12-523 - Real property in adverse possession under title or color of title; three year limitation
§ 12-524 - City lot claimed under recorded deed; five year limitation
§ 12-527 - Effect of limitation on title
§ 12-528 - Persons under disability
§ 12-529 - Defenses available for certain actions by the state or person claiming through the state
§ 12-530 - Home inspector liability; four year limitation
§ 12-545 - Bond of personal representative or guardian; four year limitation
§ 12-546 - Specific performance of contract to convey realty; four year limitation
§ 12-547 - Failure to make return on execution; five year limitation
§ 12-548 - Contract in writing for debt; six year limitation; choice of law
§ 12-554 - Limited liability; baseball facilities; definitions
§ 12-555 - Uninsured and underinsured motorist coverage; claims; time limits
§ 12-557 - Possessors of land; limited liability for trespasser harm
§ 12-558 - Liability release agreement; space flight activities; definitions
§ 12-558.02 - Limited liability; removing minor or confined animal from motor vehicle; definition
§ 12-559.01 - Asbestos-related actions; successor corporation liability; applicability
§ 12-559.02 - Establishing the fair market value of total gross assets
§ 12-559.03 - Adjustment of the fair market value of total gross assets
§ 12-562 - Medical malpractice actions; grounds
§ 12-563 - Necessary elements of proof
§ 12-564 - Qualified immunity; students; duty of care
§ 12-565 - Health care actions; collateral source evidence
§ 12-566 - Health care actions; complaint; specific amount of damages not to be stated
§ 12-567 - Civil fertility fraud; liability; statute of limitations; definitions
§ 12-568 - Review of attorneys' fees in health care actions; guidelines
§ 12-570 - Malpractice settlement or award reporting; civil penalty; definition
§ 12-572 - Burden of proof for treatment in emergency departments or rendered by on-call providers
§ 12-573 - Limited liability for treatment related to delivery of infants; exception; definition
§ 12-582 - Election of periodic payments
§ 12-584 - Special findings; future damages
§ 12-585 - Evidence of future damages
§ 12-586 - Entering a judgment for future damages
§ 12-587 - Funding judgments for periodic installments
§ 12-589 - Discounting future damages to present value
§ 12-590 - Effect of death on periodic installments
§ 12-591 - Assignment of periodic installments
§ 12-592 - Exemption of benefits
§ 12-594 - Arbitration and settlement agreements
§ 12-601 - Application; venue; judgment; sealing of record
§ 12-602 - Notice of application; effect of change on rights and obligations
§ 12-612 - Parties plaintiff; recovery; distribution; disqualification
§ 12-613 - Measure of damages; nonliability for debts of decedent
§ 12-621 - Procedure to establish identity of persons
§ 12-622 - Notice of hearing; effect of establishing identity
§ 12-632 - Unlawful motor vehicle subleasing; civil action; exemption
§ 12-641 - Persons who may maintain action for injury to child or ward
§ 12-651 - Uniform single publication act
§ 12-653.04 - Publication or broadcast of correction prior to demand
§ 12-661 - Liabilities of parents or legal guardians for malicious or wilful misconduct of minors
§ 12-683 - Affirmative defenses
§ 12-684 - Indemnification; tender of defense; execution
§ 12-685 - Contents of complaint; amount of recovery
§ 12-686 - Inadmissible evidence
§ 12-687 - Reasonable remedial measures; cause of action; punitive damages
§ 12-688 - Duty to warn; food products
§ 12-689 - Exemption from punitive or exemplary damages; applicability; definitions
§ 12-691 - Civil liability for shoplifting; adult; emancipated minor
§ 12-692 - Shoplifting by unemancipated minor; liability of parent or guardian; foster parents
§ 12-693 - Conviction for shoplifting; admissibility
§ 12-694 - Bringing action; court
§ 12-701 - Drugs; exemplary or punitive damages; definition
§ 12-711 - Affirmative defense; limitation
§ 12-712 - Affirmative defense; limitation; criminal act
§ 12-713 - Providers of emergency services; civil liability
§ 12-714 - Actions against firearm manufacturers; prohibition; findings; definitions
§ 12-716 - Injury during criminal acts; civil actions; presumptions; definitions
§ 12-717 - Liquefied petroleum gas provider; liability; definitions
§ 12-718 - Emergency aid involving liquefied petroleum gas; exemption from civil liability
§ 12-719 - Civil liability; wrongful birth or life claims; applicability
§ 12-720 - Nondisclosure agreements; applicability; use of public monies; definitions
§ 12-731 - Recovery of civil damages
§ 12-751 - Strategic actions against public participation; motion to dismiss or quash; definitions
§ 12-771 - Factual innocence; judicial determination; procedure; definition
§ 12-772 - Factual improper party status; judicial determination; procedure; definition
§ 12-773 - Factual innocence; factual improper party; other remedies
§ 12-781 - Transportation or storage of firearms; motor vehicles; applicability
§ 12-801 - General definitions
§ 12-802 - Abatement of certain nuisances
§ 12-803 - Parties and scope of action
§ 12-804 - Temporary injunction; affidavit and verified complaint
§ 12-807 - Application of proceeds of sale; sale of building to make up deficiency
§ 12-808 - Release of property; bond and conditions; exception
§ 12-809 - Contempt fine as lien on premises; execution
§ 12-810 - Violation as contempt; classification
§ 12-813 - Abatement of nuisance
§ 12-814 - Procedure in injunction action
§ 12-815 - Priority of action; evidence; costs
§ 12-816 - Content of judgment and order
§ 12-817 - Civil penalty; forfeiture; accounting
§ 12-818 - Petition by commercial operators or qualified electors for action
§ 12-820.01 - Absolute immunity
§ 12-820.02 - Qualified immunity
§ 12-820.03 - Affirmative defense; resolution by trial
§ 12-820.04 - Punitive and exemplary damages; immunity
§ 12-820.05 - Other immunities
§ 12-820.08 - Potable water systems; standard of care
§ 12-820.09 - Transportation, distribution or use of remediated water; definitions
§ 12-821 - General limitation; public employee
§ 12-821.01 - Authorization of claim against public entity, public school or public employee
§ 12-823 - Judgment for plaintiff; amount; interest and costs
§ 12-826 - Report of judgments to legislature by governor; payment
§ 12-861 - Criminal contempt defined
§ 12-862 - Order to show cause; service; return; attachment of person or sequestration of property
§ 12-863 - Trial; classification; appeal
§ 12-864 - Direct or constructive contempts; punishment
§ 12-864.01 - Proof of contempt of court
§ 12-881 - Conditions under which property escheats
§ 12-882 - Duty of department of revenue regarding escheats; complaint and parties
§ 12-883 - Summons; service and publication
§ 12-885 - Seizure and sale of escheated property; disposal of proceeds; exception
§ 12-886 - Claim by heir, devisee or owner of proceeds from sale of escheated property
§ 12-887 - Determination of claims; appeal
§ 12-888 - Concurrent authority of the department of revenue
§ 12-889 - Escheated property; rules and regulations; salary
§ 12-890 - Agreement to recover property
§ 12-903 - Power of supreme court to make procedural rules
§ 12-904 - Commencement of action; transmission of record
§ 12-905 - Jurisdiction and venue
§ 12-907 - Appearance of parties to the appeal
§ 12-909 - Pleadings and record on review
§ 12-911 - Powers of superior court
§ 12-931 - Proceeding in state court; stay, hearing and precedence of appeal
§ 12-942 - Disposal of property unclaimed for thirty days
§ 12-943 - Authorized dispositions
§ 12-944 - Owner receipt; publication of property valued at more than one hundred fifty dollars
§ 12-962 - Recovery of cost of medical care
§ 12-963 - Compromise or waiver of claim
§ 12-972 - Liability for emergency services
§ 12-982 - Qualified immunity; insurance coverage
§ 12-992 - Residential property nuisances; temporary restraining order; notice; hearing; costs
§ 12-993 - Precedence of action; resident actions; costs
§ 12-994 - Violation; classification
§ 12-995 - Recording notice of action; subsequent acquisition of property
§ 12-996 - Appointment of temporary receiver; term; duties; accounting
§ 12-997 - Closing orders; enforcement; notice; moving assistance; violation; classification
§ 12-998 - Nuisance; commercial buildings used for crime; action to abate and prevent
§ 12-999 - Commercial property nuisances; temporary restraining order; notice; hearing
§ 12-1011 - Liability for animal rescue costs
§ 12-1101 - Parties; claim; service on attorney general
§ 12-1111 - Purposes for which eminent domain may be exercised
§ 12-1112 - Prerequisites to taking property by condemnation
§ 12-1113 - Estates in land subject to condemnation
§ 12-1114 - Private property subject to condemnation
§ 12-1115 - Right of state to enter and survey property for public use
§ 12-1116 - Actions for condemnation; immediate possession; money deposit
§ 12-1118 - Joint or separate actions; consolidation
§ 12-1119 - Summons; contents; service
§ 12-1120 - Right to defend action
§ 12-1121 - Powers of court; precedence
§ 12-1122 - Ascertainment and assessment of value, damages and benefits
§ 12-1123 - Accrual of right to compensation and damages; limitation
§ 12-1124 - Payment of compensation; effect of failure to pay
§ 12-1125 - Payment of damages in proceedings by railroad
§ 12-1126 - Final order of condemnation; recording; vesting of property
§ 12-1128 - Costs and jury fees
§ 12-1129 - Dismissal of condemnation action; litigation expenses
§ 12-1130 - Fees and expenses; appraisal; relocation benefits; applicability
§ 12-1131 - Property may be taken only for public use consistent with this article
§ 12-1133 - Just compensation; slum clearance and redevelopment
§ 12-1134 - Diminution in value; just compensation
§ 12-1135 - Attorney fees and costs
§ 12-1144 - Inclusion of separate parcels in single action
§ 12-1145 - Notice of proceedings; effect of filing notice
§ 12-1147 - Special master; duties; qualifications; compensation; oath; limitation upon powers
§ 12-1148 - Notice of hearing by special master
§ 12-1149 - Hearing by special master
§ 12-1151 - Limitation on time for filing report of special master
§ 12-1152 - Notice of filing report and of hearing objections to report; waiver of right to object
§ 12-1154 - Filing certified copy of judgment
§ 12-1157 - Effect of vesting of title
§ 12-1158 - Effect of payment into court; security; disbursement
§ 12-1159 - Action to recover award paid to wrong person
§ 12-1160 - Appeal; stay of proceedings; bond
§ 12-1162 - Supplemental nature of article; procedure
§ 12-1171 - Acts which constitute forcible entry or detainer
§ 12-1172 - Definition of forcible entry
§ 12-1173 - Definition of forcible detainer; substitution of parties
§ 12-1173.01 - Additional definition of forcible detainer
§ 12-1174 - Immateriality of time possession obtained by tenant
§ 12-1175 - Complaint and answer; service and return; notice and pleading requirements
§ 12-1176 - Demand for jury; trial procedure
§ 12-1177 - Trial and issue; postponement of trial