A.R.S. tit. 22 ch. 2 — Arizona Revised Statutes Title 22 Chapter 2 — Civil Proceedings In Justice Courts

22-201. Jurisdiction of civil actions A. Justices of the peace have jurisdiction only as affirmatively conferred on them by law. B. Justices of the peace have exclusive original jurisdiction of all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less. C. Justices of the peace have jurisdiction concurrent with the superior court in cases of forcible entry and detainer when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less. D. Justices of the peace have jurisdiction to try the right to possession of real property when title or ownership is not a subject of inquiry in the action. If in any such action the title or ownership of real property becomes an issue, the justice shall so certify in the court record, at once stop further proceedings in the action and forward all papers, together with a certified copy of the court record in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court. E. In a county with a population of more than two million persons, the justice of the peace of each justice precinct shall have original jurisdiction to hear the following actions that occur in the respective precinct in which the justice of the peace is elected: 1. Civil actions pursuant to subsections B and C of this section. 2. Small claims pursuant to chapter 5 of this title. 3. Civil traffic offenses unless a civil traffic offense is filed in a municipal court by a municipal officer or agent or by an officer employed by a law enforcement agency under contract to that municipality to provide law enforcement services. 4. Special detainers and forcible detainers pursuant to title 33, chapters 11 and 19 and forcible detainers pursuant to title 33, chapter 3 if the amount of rent requested is ten thousand dollars or less. F. In actions between landlord and tenant for possession of leased premises, the title to the property leased shall not be raised nor made an issue. G. If in any action before a justice of the peace a party files a verified pleading that states as a counterclaim a claim in which the amount involved, exclusive of interest and costs, is more than ten thousand dollars, the justice of the peace shall certify this in the court record, at once stop further proceedings in the action and forward all papers, together with a certified copy of the court record in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court. The party shall pay to the clerk of the superior court the same fees required to be paid by a defendant, and no other party in the action before the justice of the peace shall be required to pay any sum. If the party is finally adjudged to be entitled to recover on the counterclaim, exclusive of interest and costs, ten thousand dollars or less, the superior court may deny costs to the party and, in addition, may impose costs, including reasonable attorney fees, on the party. The superior court shall have original jurisdiction of the action, but at any time in furtherance of convenience or to avoid prejudice, or if it appears that the amount involved in the counterclaim, exclusive of interest and costs, is ten thousand dollars or less, it may remand the action, or any claim or counterclaim of which the justice court has jurisdiction, to the justice court and may order costs. H. The justice of the peace may require arbitration or other dispute resolution methods that are approved by the supreme court in all civil actions except eviction actions. 22-202. Venue of civil actions A. A person shall not be sued outside of the justice precinct where the person resides, except: 1. If a defendant or all of several defendants reside outside the state or when their residence is unknown, the action may be brought in the justice precinct where the plaintiff resides. 2. A married person may be sued in the justice precinct where the person's spouse resides unless the spouse is living separate and apart from the defendant. 3. Transient persons may be sued in any justice precinct in which found. 4. Persons who have contracted a debt or obligation in one justice precinct and thereafter move to another precinct may be sued in either precinct. 5. Persons who have contracted in writing to perform an obligation in one justice precinct may be sued in that precinct or where the persons reside. 6. If there are several defendants residing in different justice precincts, an action may be brought in the justice precinct where any of the defendants reside. B. Actions filed in justice court against a person who is alleged to have committed a civil traffic violation shall be brought in any precinct in which the violation is alleged to have occurred. 22-203. Venue when justice is unable to act If the justice of the peace of the precinct in which the case is filed is absent or for any reason is unable to act, the case may be heard in any precinct within the same county that is designated by the justice of the peace or in the absence of the justice of the peace in any precinct designated by the presiding justice of the peace. If there is not a presiding justice of the peace or if the presiding justice of the peace is absent or unable to act, the case may be heard in any precinct that is within the same county and that is designated by the presiding judge of the superior court. If a change of venue occurs pursuant to this section, a precinct with close geographic proximity to the precinct of origin shall be given preference. 22-204. Change of venue; grounds A. If either party in an action pending in a justice court, after the answer has been filed, files an affidavit in the action alleging any of the grounds specified in subsection B of this section and gives five days' notice to the opposite party, the venue may be changed as provided by law. B. Grounds that may be alleged for change of venue are: 1. There exists in the precinct where the action is pending so great a prejudice against the party requesting a change of venue that the party cannot obtain a fair and impartial trial. 2. The convenience of witnesses and the ends of justice would be promoted by the change. 3. The court determines that there is other good and sufficient cause. C. The court shall determine the truth and sufficiency of the grounds, but a decision refusing the change of venue is appealable as part of an appeal from a final judgment. D. A justice of the peace may transfer the action for trial to another justice court precinct on written consent of the parties and the justice of the peace receiving the action. 22-205. Procedure when justice disqualified; order and transmittal of papers A. If a justice of the peace is disqualified in a civil action the justice of the peace shall transfer the action to a justice court in the same county that is nearest by the ordinary route of travel. B. The order of transfer shall state the reason for the transfer and the name of the justice court to which the transfer is made, and shall require the parties and witnesses to appear before the justice court named in the order, not less than two nor more than five days after its date. C. The justice of the peace who made the order shall immediately make a certified transcript of all entries on the court record and of the costs in the action, and transmit it with all pleadings in the action to the justice to which the action is transferred. 22-206. Virtual appearance; detainer actions Notwithstanding any other law, in a special detainer or forcible detainer proceeding before the court, any party, including an attorney or witness upon written notice to the court, shall be permitted to participate at the initial appearance remotely by using a telephone or video conference connection. If the court continues a contested matter to a later date, at the discretion of the court, the court may require all parties, attorneys and witnesses to participate in person. 22-211. Procedure and practice The law governing procedure and practice in the superior court so far as applicable and when not otherwise specially prescribed, shall govern procedure and practice in justice courts. 22-212. Civil court record Each justice of the peace shall keep a civil court record. The court record shall include the following: 1. The title of actions commenced before the justice of the peace. 2. The date when the first process was issued against the defendant, when returnable and the nature thereof. 3. The date when the parties, or either of them, appeared before the justice of the peace, either with or without summons. 4. A brief statement of the nature of the plaintiff's demand or claim, or the amount claimed, and the nature of the defense made by the defendant. 5. Every adjournment, stating at whose request it was granted and to what time. 6. The date when the trial was had, and whether by jury or by the justice of the peace. 7. The verdict of the jury. 8. The judgment and the date of giving the judgment. 9. All applications for setting aside judgment or granting a new trial, the order thereon and the date. 10. The date of issuing execution, to whom directed and delivered, and the amount of debt, damages and costs. When an execution is returned, the return thereof and a statement of the manner in which it was executed. 11. All stays and appeals and the date when taken, the amount of the bond and the names of the sureties. 12. The account of costs. 22-215. Oral pleadings The pleadings in the justice court may be oral, except as otherwise provided by law. 22-216. Allegations required to be made by written and signed pleading A. An answer or other pleading made in a justice court that alleges any of the following matters shall be in writing and signed: 1. That the action is not commenced in the proper county or precinct. 2. That the plaintiff has no legal capacity to sue. 3. That the plaintiff is not entitled to recover in the capacity in which the plaintiff sues. 4. That there is another action pending in this state between the same parties for the same cause of action or counterclaim. 5. That there is a defect of parties, plaintiff or defendant. 6. That the plaintiffs or defendants, suing or sued as partners, are not partners as alleged. 7. That the plaintiff or defendant, suing or sued as a corporation, is not a corporation as alleged. 8. That a written instrument purporting to be signed by a party and relied on by the other party, was not executed by the first party or by the first party's authority. 9. That the endorsement or assignment of a written instrument pleaded by the adverse party was not executed by the party by whom it purports to have been executed or by that party's authority. 10. That a written instrument pleaded by the adverse party is without consideration or that the consideration has failed in whole or in part. 11. That an account pleaded by the adverse party and verified by affidavit is not just, and in such case the answer shall set forth the items and particulars that are unjust. B. In an action to foreclose a mortgage or enforce a lien on personal property the pleadings shall be in writing. 22-217. Subpoena for attendance of witnesses; issuance; service A. A justice of the peace shall at the request of a party to an action pending in his court issue a subpoena for any witness represented to reside within the county or to be found therein at the time of trial. B. The form, issuance and service of the subpoena shall be as provided in the superior court, except as to the designation of the court from which it is issued and made returnable. 22-219. Confession of judgment without issuance or service of process A. A party may appear in person or by an agent or attorney before a justice of the peace without issuance or service of process and confess judgment for an amount within the jurisdiction of the justice of the peace, and such judgment shall be entered thereon on the filing by the plaintiff or the plaintiff's agent or attorney of an affidavit of the justness of plaintiff's claim. B. If the judgment is confessed by an agent or attorney, the warrant of the agent or attorney authorizing the confession shall be filed with the justice and noted in the court record. 22-220. Appearance of defendant; demand or waiver of jury; time of trial; charging the jury A. When a defendant appears the defendant's appearance shall be noted in the court record. B. Either party may demand a jury before trial, and if not then demanded, trial by jury shall be deemed waived. This subsection does not apply to civil traffic violations for which citations are issued under title 28. C. When a jury is demanded, the trial may be postponed until a jury is assembled. D. Except as otherwise provided by law, the justice of the peace shall charge the jury in all civil actions. 22-223. Forming jury; challenges A. At the time appointed for the trial, the justice of the peace shall call the names of the jurors summoned. If a sufficient number of qualified jurors do not attend, the trial shall be postponed. B. Either party may challenge any juror either for cause or peremptorily. 22-224. Oath of jury When the jury has been selected, the justice of the peace shall administer to it substantially the following oath: "Do you swear or affirm that you will give careful attention to the proceedings, abide by the court's instructions and render a verdict in accordance with the law and evidence presented to you, so help you God". 22-241. Announcement and recording of verdict or decision When a verdict is returned by a jury the justice of the peace shall announce the verdict in open court, note it in the court record and give judgment on the verdict. When the action has been tried without a jury, the justice of the peace shall announce the decision in open court, note it in the court record and give judgment on the decision. 22-242. Recording judgment The judgment shall be signed by the justice of the peace and then be recorded at length in the court record. The judgment shall clearly state the determination of the rights of the parties, who shall pay the costs, and shall direct issuance of such process as necessary to carry the judgment into execution. 22-243. Judgment in replevin Where judgment is for the recovery of specific articles, their value shall be separately found by the verdict or decision and the judgment shall be that plaintiff recover the specific articles if they can be found, and if not, then their value as assessed with interest thereon at the legal rate from the date of the judgment. 22-244. Writ of execution A. The judgment of a justice of the peace shall be enforced by execution or other appropriate process. B. The execution or process shall describe the judgment and command the sheriff or constable to execute it according to its terms, whether the judgment is to make a sum of money, or to deliver personal property or possession of real property, or to do some other thing. C. The execution or process shall be returnable in sixty days. 22-245. Certificate required with writ of execution sent to another county A. Where an execution is sent to a county other than that in which judgment was given, it shall be accompanied by a certificate of the clerk of the superior court, under seal, that the officer issuing the execution is an acting justice of the peace in the county where the judgment was given. B. The cost of the certificate shall be collected as part of the cost of executing the writ. 22-246. Levy upon real property; limitation and procedure No real property or any interest therein shall be levied upon or sold by virtue of any judgment given by a justice of the peace unless a certified transcript of the judgment is first filed in the office of the clerk of the superior court of the county where the judgment was given and entered by the clerk on the appropriate book kept by him. Execution on the judgment shall be issued by the clerk of the superior court. 22-247. Satisfaction of judgment; filing procedures; hearing; bond A. The prevailing party shall file a satisfaction of judgment in the justice court within forty days after a judgment has been paid in full. B. If the prevailing party fails to file a satisfaction of judgment or cannot be located after the opposing party has exercised due diligence in attempting to locate the prevailing party, the opposing party may file a motion to compel satisfaction of the judgment. The opposing party shall include with the motion to compel satisfaction of the judgment an affidavit that evidences proof of payment and, if necessary, the due diligence that was performed in attempting to locate the prevailing party. If the motion is granted, the judgment is deemed satisfied. C. A justice of the peace may hold a hearing on the motion to compel satisfaction of the judgment. D. A justice of the peace may compel the moving party to post a bond with the justice court in the amount of the judgment. E. Notwithstanding subsections B and C of this section, if a tenant files a motion to compel satisfaction of the judgment against a landlord following an eviction action and the landlord fails to respond to the motion to compel satisfaction of the judgment within fifteen days after the motion is filed and served as required by the rules of procedure for eviction actions, all of the following apply: 1. The fee for filing a motion to compel satisfaction of the judgment is waived. 2. The justice of the peace may not hold a hearing on the motion to compel satisfaction of the judgment. 3. The judgment is deemed satisfied if the tenant submits an affidavit that evidences proof of payment. 4. The justice of the peace, at the justice of the peace's discretion, may seal the eviction pursuant to section 33-1379 if the justice of the peace believes that sealing the record is an appropriate remedy given the landlord's failure to comply with subsection A of this section. 22-261. Judgments that may be appealed A. Any party to a final judgment of a justice court may appeal to the superior court. B. The party aggrieved by a judgment in any action in which the validity of a tax, impost, assessment, toll or state statute is involved may appeal to the superior court without regard to the amount in controversy. C. Unless the court did not find that the moving party established prima facie proof as prescribed in section 12-751, subsection B, the party aggrieved by an order granting or denying a motion to dismiss or quash pursuant to section 12-751 may file an appeal to the superior court. The superior court shall expedite any appeal filed pursuant to this subsection unless the court for good cause finds that expedited review is not feasible under the circumstances or a court rule specifically provides otherwise. D. An appeal shall be on the record of the proceedings if such record includes a transcript of the proceedings. De novo trials shall be granted only when the transcript of the proceedings in the superior court's evaluation is insufficient or in such a condition that the court cannot properly consider the appeal. A trial de novo shall not be granted when a party had the opportunity to request that a transcript of the lower court proceedings be made and failed to do so. At the beginning of each proceeding the judge shall advise the parties that their right to appeal is dependent on their requesting that a record be made of the justice court proceedings. Any party to an action may request that the proceedings be recorded for appeal purposes. The cost of recording trial proceedings is the responsibility of the court. The cost of preparing a transcript, if appealed, is the responsibility of the party appealing the case. The supreme court shall establish by rule the methods of recording trial proceedings for record appeals to the superior court, including electronic recording devices or manual transcription. 22-262. Appeals procedure The procedure for appeals from a justice court to the superior court shall be as provided by rules adopted by the supreme court. 22-263. Defective bond No appeal shall be dismissed or judgment affirmed by reason of any defect, informality or insufficiency of the appeal bond, if appellant, within such time and upon such terms as the court orders, files a legal and sufficient bond. 22-264. Transmittal of court record and papers A. When an appeal is taken the justice of the peace shall make a certified copy of all court record documents, exhibits and other objects filed with the court and transmit them, together with a certified copy of the bill of costs, to the clerk of the superior court. The record of the proceedings shall be certified by the justice of the peace or as stipulated by the parties. B. The superior court may order the justice of the peace, on motion and cause shown, to transmit the items that are listed in subsection A of this section, and may fine the justice of the peace for neglect or refusal to transmit those items within the time ordered. C. The copy of the court record documents, exhibits and other objects filed with the court shall be transmitted to the clerk of the superior court within ten days after filing the bond on appeal. If not transmitted within that time, the appellee may file in the superior court an affidavit stating: 1. The entry of judgment in the justice court and the date and amount thereof. 2. That notice of appeal was given. 3. That an appeal bond was filed, giving the names of the sureties and the amount of the bond. D. On filing the affidavit as provided in subsection C, appellee may move the superior court to affirm the judgment, and the court, unless good cause is shown why the record was not transmitted, shall affirm the judgment and render judgment against appellant and the sureties on the appeal bond for the amount of the judgment in the justice court. E. If good cause is shown the court may extend the time for transmitting the record on appeal on such terms as it deems proper. 22-265. Notice to appellant for payment of fees Upon receipt of the transcript or papers on appeal from the justice court, the clerk of the superior court shall notify appellant that the transcript or papers will be filed upon payment of the amount provided in section 22-283, and unless paid within fifteen days after giving the notice, the appeal shall be deemed abandoned, and the transcript and papers shall be returned to the justice of the peace, and the judgment may be enforced as if no appeal had been taken. 22-281. Fees and deposits A. Justices of the peace shall receive fees established and classified as follows in civil actions: Class Description Fee A Initial case filing fee Civil filing fees $ 73.00 B Subsequent case filing fee Civil filing fees — defendant $ 40.00 C Initial case filing fee Forcible entry and detainer filings $ 35.00 Small claims filing 25.00 D Subsequent case filing fee Small claims answer $ 15.00 E Minimum clerk fee Document and transcript transfer on appeal $ 28.00 Certification of any documents 28.00 Issuance of writs 28.00 Filing any paper or performing any act for which a fee is not specifically prescribed 28.00 Subpoena (civil) 28.00 Research in locating a document 28.00 Seal a court file 28.00 Reopen a sealed court file 28.00 Record duplication 28.00 F Per page fee Copies of any documents per page $ 0.50 G Special fees Small claims service by mail $ 8.00 B. This section does not deprive the parties to the action of the privilege of depositing amounts with the justice, in addition to those set forth in this section, for use in connection with the payment of constable's and sheriff's fees for service of process, levying of writs and other services for which fees are otherwise provided by law. C. Excluding the monies that are kept by the court pursuant to subsection D of this section, justices of the peace shall transmit monthly to the county treasurer all monies collected pursuant to subsection A of this section. The county treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows: 1. To the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113, in the following percentages: (a) 14.80 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons. (b) 16.23 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less. 2. To the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135, in the following percentages: (a) 1.69 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons. (b) 1.89 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less. 3. To the elected officials' retirement plan fund established by section 38-802, either of the following percentages, which shall be distributed to the fund pursuant to section 38-810: (a) 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons. (b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less. 4. To the county general fund, in the following percentages: (a) 49.95 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons. (b) 55.51 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less. 5. 6.00 percent to the elected officials' retirement plan fund established by section 38-802 for the purpose of funding a portion of the employers' contributions required pursuant to section 38-810. D. In counties with a population of more than five hundred thousand persons, 5.65 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B. E. In counties with a population of five hundred thousand persons or less, 6.28 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B. F. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred. 22-283. Costs on appeal The appellant in a civil action appealed to the superior court from a justice court shall pay to the clerk of the superior court the fee of a plaintiff as provided in section 12-284 at the time of filing the transcript and papers on appeal. The appellee shall within twenty days after filing of the transcript or papers on appeal pay to the clerk the fee of a defendant as provided in section 12-284. 22-284. Electronic filing and access; fee; county judicial collection enhancement fund A. The presiding judge of the superior court may provide for the electronic filing of documents and electronic access to justice court records, pursuant to rules adopted by the supreme court. B. The presiding judge may impose a fee of not more than one hundred dollars per year for an annual on-line access subscription plus a fee of not more than two dollars per minute for on-line access to justice court records. The justice court shall collect the fees and transmit them to the county treasurer who shall account for them separately. The justice court shall spend monies collected by the justice court and deposited with the county treasurer pursuant to this section to improve access to justice court records, subject to the approval of the presiding judge of the superior court. C. The county treasurer shall invest monies deposited pursuant to this section. Interest earned on these monies shall be deposited with the fee monies that are deposited pursuant to this section. D. The monies deposited in the county treasury pursuant to this section shall be continually available for purposes consistent with the purposes of this section. E. Monies deposited pursuant to this section shall supplement monies already provided to courts for purposes consistent with the purposes of this section. F. All filings made electronically pursuant to this section are subject to the fees established pursuant to section 22-281.