A.R.S. tit. 12 ch. 10 — Arizona Revised Statutes Title 12 Chapter 10 — Miscellaneous Special Actions And Proceedings

12-1801. Granting of injunctions; grounds 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, it appears that a party is doing some act respecting the subject of litigation, or threatens or is about to do some act, or is procuring or suffering some act to be done, in violation of the rights of the applicant, which would tend to render the judgment ineffectual. 3. In all other cases when applicant is entitled to an injunction under the principles of equity. 12-1802. Prohibition upon granting injunctions for certain purposes 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 States. 3. To stay proceedings in another state upon a judgment of a court of that state. 4. To prevent enforcement of a public statute by officers of the law for the public benefit. 5. To prevent breach of a contract, the performance of which would not be specifically enforced. 6. To prevent the exercise of a public or private office in a lawful manner by the person in possession. 7. To prevent a legislative act by a municipal corporation. 12-1803. Times at which injunction may be granted; verified complaint required; service of copy of complaint or affidavits 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 unless it is verified by the oath of the plaintiff that he has read the complaint, or heard the complaint read, knows the contents thereof, and that it is true of his own knowledge, except the matters stated therein on information and belief, and that as to those matters, he believes the complaint to be true. C. A copy of the complaint, or, when granted upon affidavit, a copy of the affidavit, shall be served with the injunction. 12-1804. Notice of hearing on injunction; service upon adverse party 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. 12-1805. Limitations on injunction to stay judgment or proceedings at law 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. 12-1806. Limitations on injunction to stay execution on judgments 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 of the party recovering the judgment, practiced or made at the time of, or after rendition of the judgment, or unless for some equitable matter or defense arising after rendition of such judgment. B. If the applicant was absent from the state at the time the judgment was rendered, and was unable to apply for the injunction within the time provided in subsection A, of this section, the injunction may be granted at any time within two years from rendition of the judgment. 12-1807. Preliminary injunction, injunction or temporary restraining order against working lode, placer or mining claim; prohibition; exception 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 mining pending hearing of the application for the injunction. B. If a person unlawfully enters upon a mineral claim or lease with the intent to explore, hold, work or take minerals from the claim or lease, the owner of the claim or lease may apply to the superior court in the county in which the claim or lease is located for a preliminary injunction or temporary restraining order. Prior to the issuance of a preliminary injunction or temporary restraining order, the court shall determine that the applicant is legally entitled to the claim or lease. 12-1808. Injunction between parties to labor dispute; conditions requisite to issuance; limitations 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, unless necessary to prevent irreparable injury to property or to a property right of the party making the application and when there is no adequate remedy at law for the injury. The property or property right shall be described with particularity in the application. B. The preliminary injunction or temporary restraining order as provided for in subsection A shall not prohibit any person from: 1. Terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do. 2. Attending at or near a house or place where any person resides or works, or carries on business, or happens to be, for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or to abstain from working. 3. Ceasing to patronize or to employ any party to such dispute or from recommending, advising, or persuading others by peaceful means to do so. 4. Paying or giving to or withholding from any person engaged in such dispute any strike benefits or other monies or things of value. 5. Peaceably assembling at any place in a lawful manner and for lawful purposes. 6. Doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto. 12-1809. Injunction against harassment; petition; venue; fees; notices; enforcement; definition 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 court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff, and the minor is a specifically designated person for the purposes of subsection F of this section. If a person is either temporarily or permanently unable to request an injunction, a third party may request an injunction on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. Notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an injunction against harassment. B. An injunction against harassment shall not be granted: 1. Unless the party who requests the injunction files a written verified petition for injunction. 2. Against a person who is less than twelve years of age unless the injunction is granted by the juvenile division of the superior court. 3. Against more than one defendant. C. The petition shall state all of the following: 1. The name of the plaintiff. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. The address and contact information shall not be listed on the petition. Whether or not the court issues an injunction against harassment, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court. 2. The name and address, if known, of the defendant. 3. A specific statement showing events and dates of the acts constituting the alleged harassment. 4. The name of the court in which there was or is any prior or pending proceeding or order concerning the conduct that is sought to be restrained. 5. The relief requested. D. A fee shall not be charged for filing a petition under this section. Fees for service of process may be deferred or waived under any rule or law applicable to civil actions, except that fees for service of process shall not be charged if the petition arises out of sexual violence as defined in section 23-371. The court shall advise a plaintiff that the plaintiff may be eligible for the deferral or waiver of these fees at the time the plaintiff files a petition. The court shall not require the plaintiff to perform community restitution as a condition of the waiver or deferral of fees for service of process. A law enforcement agency or constable shall not require the advance payment of fees for service of process of injunctions against harassment. If the court does not waive the fees, the serving agency may assess the actual fees against the plaintiff. On request of the plaintiff, an injunction against harassment that is issued by a municipal court may be served by the police agency for that city if the defendant can be served within the city. If the defendant cannot be served within the city, the police agency in the city in which the defendant can be served may serve the injunction. On request of the plaintiff, each injunction against harassment that is issued by a justice of the peace shall be served by the constable for that jurisdiction if the defendant can be served within the jurisdiction. If the defendant cannot be served within that jurisdiction, the constable in the jurisdiction in which the defendant can be served shall serve the injunction. On request of the plaintiff, an injunction against harassment that is issued by a superior court judge or commissioner may be served by the sheriff of the county. If the defendant cannot be served within that jurisdiction, the sheriff in the jurisdiction in which the defendant can be served may serve the order. The court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the injunction requested should issue without a further hearing. Rules 65(a)(1) and 65(e) of the Arizona rules of civil procedure do not apply to injunctions that are requested pursuant to this section. If the court finds reasonable evidence of harassment of the plaintiff by the defendant during the year preceding the filing of the petition or that good cause exists to believe that great or irreparable harm would result to the plaintiff if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and the court finds specific facts attesting to the plaintiff's efforts to give notice to the defendant or reasons supporting the plaintiff's claim that notice should not be given, the court shall issue an injunction as provided in subsection F of this section. If the court denies the requested relief, it may schedule a further hearing within ten days with reasonable notice to the defendant. For the purposes of determining the one-year period, any time that the defendant has been incarcerated or out of this state shall not be counted. F. If the court issues an injunction, the court may do any of the following: 1. Enjoin the defendant from committing a violation of one or more acts of harassment. 2. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons. 3. Grant relief necessary for the protection of the alleged victim and other specifically designated persons proper under the circumstances. G. The court shall not grant a mutual injunction against harassment. If opposing parties separately file verified petitions for an injunction against harassment, the courts after consultation between the judicial officers involved may consolidate the petitions of the opposing parties for hearing. This does not prohibit a court from issuing cross injunctions against harassment. H. At any time during the period during which the injunction is in effect, the defendant is entitled to one hearing on written request. A fee may not be charged for requesting a hearing. A hearing that is requested by a defendant shall be held within ten days from the date requested unless the court finds compelling reasons to continue the hearing. The hearing shall be held at the earliest possible time. An ex parte injunction that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. After the hearing, the court may modify, quash or continue the injunction. I. The injunction shall include the following statement: Warning This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order. J. An injunction that is not served on the defendant within one year after the date that the injunction is issued expires. The injunction is effective on the defendant on service of a copy of the injunction and petition and expires one year after service on the defendant. A modified injunction is effective on service and expires one year after service of the initial injunction and petition. K. A supplemental information form that is used solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential. L. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule. This filing shall be completed in person, electronically or by fax. M. The supreme court shall maintain a central repository for injunctions. Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court from which the injunction or any modified injunction was issued shall enter the order and proof of service into the supreme court's central repository for injunctions. The supreme court shall register the injunction with the national crime information center. The effectiveness of an injunction does not depend on its registration, and for enforcement purposes pursuant to section 13-2810, a copy of an injunction, whether or not registered, is presumed to be a valid existing order of the court for a period of one year from the date of service of the injunction on the defendant. N. A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an injunction that is issued pursuant to this section, whether or not the violation occurred in the presence of the officer. The provisions for release under section 13-3903 do not apply to an arrest made pursuant to this subsection. A person who is arrested pursuant to this subsection may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. An order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. O. If a peace officer responds to a call alleging that harassment has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including: 1. An injunction pursuant to this section. 2. The emergency telephone number for the local police agency. 3. Telephone numbers for emergency services in the local community. P. The remedies provided in this section for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. The municipal court and the justice court may hear and decide all matters arising pursuant to this section. After a hearing with notice to the affected party, the court may enter an order requiring any party to pay the costs of the action, including reasonable attorney fees, if any. An order that is entered by a justice court or municipal court after a hearing pursuant to this section may be appealed to the superior court as provided in title 22, chapter 2, article 4, section 22-425, subsection B and the superior court rules of civil appellate procedure without regard to an amount in controversy. A fee may not be charged to either party for filing an appeal. Q. A peace officer who makes an arrest pursuant to this section is not civilly or criminally liable for the arrest if the officer acts on probable cause and without malice. A peace officer is not civilly liable for noncompliance with subsection O of this section. R. This section does not apply to preliminary injunctions issued pursuant to an action for dissolution of marriage or legal separation or for protective orders against domestic violence. S. In addition to the persons who are authorized to serve process pursuant to rule 4(d), Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer's official capacity may serve an injunction against harassment that is issued pursuant to this section. T. For the purposes of this section, "harassment": 1. Means either of the following: (a) A series of acts over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and serves no legitimate purpose. (b) One or more acts of sexual violence as defined in section 23-371. 2. Includes unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321 and defamation in violation of section 23-1325. 12-1810. Injunction against workplace harassment; definitions A. An employer or an authorized agent of an employer may file a written verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting workplace harassment. 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 following: 1. The name of the employer. 2. The name and address, if known, of the defendant. 3. A specific statement showing the events and dates of the acts that constitute harassment toward the employer or any person who enters the employer's property or who is performing official work duties. D. The filing fee for a petition that is filed pursuant to this section is established pursuant to sections 12-284, 22-281 and 22-404. E. The court shall review the petition and any evidence offered by the employer to determine whether to issue the injunction without further hearing. Rules 65(a)(1) and 65(e) of the Arizona rules of civil procedure do not apply to injunctions requested pursuant to this section. If the court finds reasonable evidence of workplace harassment by the defendant or that good cause exists to believe that great or irreparable harm would result to the employer or any other person who enters the employer's property or who is performing official work duties or if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and the court finds specific facts that attest to the employer's efforts to give notice to the defendant or reasons supporting the employer's claim that notice should not be given, the court shall issue an injunction pursuant to subsection F of this section. If the court denies the requested relief, the court may schedule a further hearing within ten days with reasonable notice to the defendant. F. If the court grants an injunction against workplace harassment, the court may do any of the following: 1. Restrain the defendant from coming near the employer's property or place of business and restrain the defendant from contacting the employer or other person while that person is on or at the employer's property or place of business or is performing official work duties. 2. Grant any other relief necessary for the protection of the employer, the workplace, the employer's employees or any other person who is on or at the employer's property or place of business or who is performing official work duties. G. If the court issues an ex parte injunction pursuant to this section, the injunction shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office in which the request may be filed. At any time during the period that the injunction is in effect, the defendant may request a hearing. The court shall hold the hearing within ten days after the date of the written request unless the court finds compelling reasons to continue the hearing. The hearing shall be held at the earliest possible time. After the hearing, the court may modify, quash or continue the injunction. H. An injunction against workplace harassment that is issued pursuant to this section shall include the following statement: Warning This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order. I. An injunction that is not served on the defendant within one year after the date that the injunction is issued expires. The injunction is effective on the defendant on service of a copy of the injunction and petition and expires one year after service on the defendant. A modified injunction is effective on service and expires one year after service of the initial injunction and petition. J. A supplemental information form that is used solely for the purposes of service of process on the defendant and that contains information provided by the plaintiff is confidential. K. Each affidavit, declaration, acceptance or return of service shall be filed as soon as practicable but not later than seventy-two hours, excluding weekends and holidays, with the clerk of the issuing court or as otherwise required by court rule. The filing shall be completed in person, electronically or by fax. L. The supreme court shall maintain a central repository for injunctions. Within twenty-four hours after the affidavit, declaration, acceptance or return of service has been filed, excluding weekends and holidays, the court that issued the injunction shall enter the order and proof of service into the supreme court's central repository for injunctions. The supreme court shall register a copy of the injunction and a copy of the affidavit of service of process or acceptance of service with the national crime information center. The effectiveness of an injunction does not depend on the injunction's registration, and for enforcement purposes pursuant to section 13-2810, a copy of an injunction, whether or not registered, is presumed to be a valid existing order of the court for one year after the date on which the defendant was served. Any changes or modifications to the injunction are effective on entry by the court and shall be registered with the clerk of the issuing court, or as otherwise required by court rule, within twenty-four hours after the entry, excluding weekends and holidays. M. This section does not: 1. Expand, diminish, alter or modify the duty of an employer to provide a safe workplace for its employees and other persons. 2. Permit a court to issue a temporary restraining order or injunction that prohibits speech or other activities that are constitutionally protected or otherwise protected by law, including actions involving organized labor disputes that do not involve unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321, defamation in violation of section 23-1325 or any actual or threatened misrepresentation, fraud, duress, violence or breach of the peace. 3. Preclude either party from being represented by private counsel or appearing on the party's own behalf. N. When the employer has knowledge that a specific person or persons are the target of harassment as defined by this section, the employer shall make a good faith effort to provide notice to the person or persons that the employer intends to petition the court for an injunction against workplace harassment. O. Whether or not a violation occurs in the presence of a peace officer, a peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an injunction that was issued pursuant to this section. The release provisions under section 13-3903 do not apply to an arrest made pursuant to this subsection. A person who is arrested pursuant to this subsection may be released from custody pursuant to the Arizona rules of criminal procedure or any applicable statute. The court shall include in an order for release any pretrial release conditions that the court deems appropriate. P. The remedies under this section for the enforcement of protection orders are in addition to any other civil and criminal remedies that are available. The municipal court and the justice court may hear and decide all matters arising pursuant to this section. On notice to the affected party and after a hearing, the court may enter an order that requires any party to pay the costs of the action, including reasonable attorney fees. A party may appeal an order entered by a justice court or municipal court pursuant to section 22-261 or 22-425 and the superior court rules of civil appellate procedure without regard to an amount in controversy. Q. A peace officer who makes an arrest pursuant to this section is immune from civil or criminal liability if the officer acts on probable cause. R. An employer is immune from civil liability for seeking or failing to seek an injunction under this section unless the employer is seeking an injunction primarily to accomplish a purpose for which the injunction was not designed. Any action or statement by an employer under this section shall not be deemed an admission by the employer of any fact. An action or statement by an employer under this section may be used for impeachment purposes. S. In addition to the persons who are authorized to serve process pursuant to rule 4(d), Arizona rules of civil procedure, a peace officer may serve an injunction against workplace harassment pursuant to this section. T. For the purposes of this section: 1. "Employer" means an individual, partnership, association or corporation or a person or group of persons who act, directly or indirectly, on behalf of or in the interest of an employer and with the consent of the employer. Employer includes this state, a political subdivision of this state and any school district or other special district. 2. "Harassment" means a single threat or act of physical harm or damage or a series of acts over any period of time that would cause a reasonable person to be seriously alarmed or annoyed and includes unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321 and defamation in violation of section 23-1325. 12-1831. Scope 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 decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree. 12-1832. Power to construe, etc. 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 validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder. 12-1833. Before breach A contract may be construed either before or after there has been a breach thereof. 12-1834. Personal representatives, etc.; declaration of rights 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 insolvent, may have a declaration of rights or legal relations in respect to any of the following: 1. To ascertain any class of creditors, devisees, heirs or others; or 2. To direct the personal representatives, administrators, trustees, guardians or conservators to do or abstain from doing any particular act in their fiduciary capacity; or 3. To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. 12-1835. Enumeration not exclusive 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 uncertainty. 12-1836. Discretionary 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. 12-1837. Review All orders, judgments and decrees under this article may be reviewed as other orders, judgments and decrees. 12-1838. Supplemental relief 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 shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith. 12-1839. Jury trial 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. 12-1840. Costs In any proceeding under this article the court may make such award of costs as may seem equitable and just. 12-1841. Parties; notice of claim of unconstitutionality 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 of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard. In any proceeding in which a state statute, ordinance, franchise or rule is alleged to be unconstitutional, the attorney general and the speaker of the house of representatives and the president of the senate shall be served with a copy of the pleading, motion or document containing the allegation at the same time the other parties in the action are served and shall be entitled to be heard. B. If a pleading, motion or document containing the allegation is served on the attorney general and the speaker of the house of representatives and the president of the senate pursuant to subsection A, a notice of claim of unconstitutionality shall be attached to the pleading, motion or document as the cover page and shall state the following information: 1. The name, address and telephone number of the attorney for the party alleging that a state law is unconstitutional or the name, address and telephone number of the party if the party is not represented by an attorney. 2. The case name, court name, caption and case number of the proceeding. 3. A brief statement of the basis for the claim of unconstitutionality. 4. A brief description of the proceeding, with copies of any court orders in the proceeding if the claim of unconstitutionality is asserted in a pleading, motion or document other than the pleading, motion or document that initiated the proceeding. 5. The date, time, location, judge and subject of the next hearing in the proceeding, if any. C. If the attorney general or the speaker of the house of representatives and the president of the senate are not served in a timely manner with notice pursuant to subsection A, on motion by the attorney general, the speaker of the house of representatives or the president of the senate the court shall vacate any finding of unconstitutionality and shall give the attorney general, the speaker of the house of representatives or the president of the senate a reasonable opportunity to prepare and be heard. D. This section shall not be construed to compel the attorney general, the speaker of the house of representatives or the president of the senate to intervene as a party in any proceeding or to permit them to be named as defendants in a proceeding. The attorney general, the speaker of the house of representatives or the president of the senate, in the party's discretion, may intervene as a party, may file briefs in the matter or may choose not to participate in a proceeding that is subject to the notice requirements of this section. 12-1842. Construction 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. 12-1843. Words construed 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. 12-1844. Provisions severable 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. 12-1845. Uniformity of interpretation 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. 12-1846. Short title This article may be cited as the uniform declaratory judgments act. 12-1861. Supreme court; questions of law certified by other courts 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 before the certifying court questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the supreme court and the intermediate appellate courts of this state. 12-1862. Invocation of proceedings 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. 12-1863. Certification order; contents 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. 12-1864. Preparation and transmission of certification order 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 any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of the supreme court, the record or portion of the record may be necessary in answering the questions. 12-1865. Fees and costs 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. 12-1866. Proceedings in the supreme court Proceedings in the supreme court shall be those provided in rules adopted by it and statutes governing briefs and arguments. 12-1867. Opinion of supreme court 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. 12-1871. Determination of maintainability 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 on the merits. B. If the court finds that an action should be maintained as a class action, the court shall certify the action in writing, shall set forth its reasons as to why the action should be maintained as a class action and shall describe all evidence in support of its determination. 12-1872. Court orders 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 fair conduct of the action, require that notice be given in any manner the court directs to some or all of the members of any step in the action, of the proposed entry of judgment or of the opportunity of members to signify whether they consider the representation to be fair and adequate, to intervene and present claims and defenses or otherwise to come into the action. 3. Impose conditions on the representative parties or on intervenors. 4. Require that the pleadings be amended to eliminate allegations as to representation of absent persons and that the action proceed accordingly. 5. Deal with similar procedural matters. 6. Combine with any other appropriate pretrial order. 12-1873. Appeals; stay 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 permit discovery proceedings to continue during the pendency of the appeal. C. An appeal filed pursuant to subsection A of this section shall be entitled to preference.