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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : EXTRAORDINARY LEGAL REMEDIES
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12-2001 Granting of writ
The writ of certiorari may be granted by the supreme and superior courts or by any
judge thereof, in all cases when an inferior tribunal, board or officer, exercising
judicial functions, has exceeded its jurisdiction and there is no appeal, nor, in the
judgment of the court, a plain, speedy and adequate remedy.
12-2002 Application for writ; grant of writ
A. An application for a writ of certiorari shall be made on affidavit by the party
beneficially interested, and the court may grant the writ with or without notice to the
adverse party, or may enter an order to show cause why it should not be granted.
B. The writ may be directed to the inferior tribunal, board or officer, or to any
other person having the custody of the record or proceedings to be certified.
C. When the writ is directed to a tribunal, the clerk, if there is one, shall
return the writ with the transcript required.
12-2003 Contents of writ
The writ of certiorari shall command the party to whom it is directed to certify
fully to the court issuing the writ, at a specified time and place, and to annex to the
writ a transcript of the record and proceedings named in the writ, and requiring the
party in the meantime to desist from further proceedings in the matter to be reviewed.
12-2004 Stay of proceedings
If a stay of proceedings is not intended, the words requiring the stay shall be
omitted from the writ. The words may be inserted or omitted in the discretion of the
court. If the words are omitted, the power of the inferior court or officer shall not be
suspended nor the proceedings stayed.
12-2005 Service of writ
A writ of certiorari shall be served in the same manner as a summons in a civil
action, except when otherwise directed by the court.
12-2006 Extent of review
The review upon writ of certiorari shall not be extended further than to determine
whether the inferior tribunal, board or officer has regularly pursued its authority.
12-2007 Denial of return to writ; hearing; transmittal of judgment; appeal
A. If the return to a writ of certiorari is defective, the court may order a
further return made. When a full return has been made, the court or judge shall hear the
matter and give judgment affirming, annulling or modifying the proceedings below.
B. A copy of the judgment, certified by the clerk, shall be transmitted to the
inferior tribunal, board or officer.
C. If the judgment is rendered in a court other than the supreme court, an appeal
may be taken from such judgment as in a civil action.
12-2021 Issuance of writ
A writ of mandamus may be issued by the supreme or superior court to any person,
inferior tribunal, corporation or board, though the governor or other state officer is a
member thereof, on the verified complaint of the party beneficially interested, to
compel, when there is not a plain, adequate and speedy remedy at law, performance of an
act which the law specially imposes as a duty resulting from an office, trust or station,
or to compel the admission of a party to the use and enjoyment of a right or office to
which he is entitled and from which he is unlawfully precluded by such inferior tribunal,
corporation, board or person.
12-2022 Alternative or peremptory writ
A. A writ of mandamus may be either alternative or peremptory.
B. The alternative writ shall state generally the allegations of the complaint
against the party to whom it is directed, and command such party, immediately after
receipt of the writ, or at some other specified time, to do the act required to be
performed, or to show cause before the court at a specified time and place why he has not
done so.
C. The peremptory writ shall be in form similar to the alternative writ, except
that the words requiring the party to show cause why he has not done as commanded shall
be omitted.
12-2023 Application for writ; notice; hearing on default
A. When application for a writ of mandamus is made without notice to the adverse
party, and the writ is allowed, the alternative writ shall be first issued.
B. If application for a writ of mandamus is made upon due notice, the peremptory
writ may be issued in the first instance. The notice of application, when given, shall
be of at least ten days.
C. The writ shall not be granted by default, but the action shall be heard by the
court though the adverse party does not appear.
12-2024 Answer and reply
On the return day of the alternative writ of mandamus, or at the time stated in the
notice of application for the writ, defendant may show cause by verified answer why the
writ should not be granted. The answer shall not be conclusive, but plaintiff may object
to its sufficiency and may reply thereto within such time as fixed by the court.
12-2025 Trial; order; jury; place of trial; procedure
A. If the answer or reply upon an application for writ of mandamus raises a
question of fact, the court shall try such question, or may order the question tried
before a jury. The question to be tried by the jury shall be distinctly stated in the
order for the trial.
B. If the application is made in the supreme court the court shall designate a
superior court for the trial of an issue of fact, and transmit to such court a certified
copy of the order for trial.
C. The superior court shall thereupon try such issue to a jury as a trial in civil
actions, and shall certify the verdict to the supreme court if no motion for a new trial
is made within five days or if such motion is made and denied, when it is denied.
12-2026 Motion for new trial; retrial
A. Either party may move for a new trial in the court where the verdict was
returned.
B. If a new trial is granted, another jury shall be summoned within five days
thereafter to try the issue, unless the parties agree on a longer time.
12-2027 Determination of questions of law
If the answer and reply upon application for a writ of mandamus raise only questions
of law or put in issue immaterial statements not affecting substantial rights of the
parties, or when the question of fact has been determined, the court shall hear the
argument.
12-2028 Writ of mandamus; service
A. If judgment is awarded applicant a peremptory writ of mandamus shall be awarded
without delay.
B. The writ shall be served in the same manner as a summons in a civil action,
except when otherwise expressly directed by the court.
12-2029 Disobedience of writ; classification
A. If a person upon whom the peremptory writ of mandate has been personally served,
without just excuse, knowingly fails or refuses to obey the writ, such person is guilty
of a class 3 misdemeanor and the court may make any orders necessary and proper for
complete enforcement of the writ.
B. If a fine is imposed upon an officer who draws a salary from the state or a
county, a certified copy of the order shall be forwarded to the department of
administration or board of supervisors as the case may be, and the amount of the fine
shall be retained from the salary of such officer.
12-2030 Mandamus action; award of fees and other expenses against the state or political subdivision; definition
A. A court shall award fees and other expenses to any party other than this state
or any political subdivision of this state which prevails by an adjudication on the
merits in a civil action brought by the party against the state, any political
subdivision of this state or an intervenor to compel a state officer or any officer of
any political subdivision of this state to perform an act imposed by law as a duty on the
officer.
B. As used in this section, "fees and other expenses" includes the reasonable
expenses of expert witnesses, the reasonable cost of any study, analysis, report, test or
project found by the court to be necessary for preparation of the party's case, and
reasonable and necessary attorney fees.
12-2041 Action by attorney general; venue
A. An action may be brought in the supreme court by the attorney general in the
name of the state upon his relation, upon his own information or upon the verified
complaint of any person, in cases where the supreme court has jurisdiction, or otherwise
in the superior court of the county which has jurisdiction, against any person who
usurps, intrudes into or unlawfully holds or exercises any public office or any franchise
within this state.
B. The attorney general shall bring the action when he has reason to believe that
any such office or franchise is being usurped, intruded into or unlawfully held or
exercised.
12-2042 Action by county attorney
An action may be brought in the superior court by the county attorney in the name of
the state upon his own information or upon the verified complaint of any person, against
any person who usurps, intrudes into or who unlawfully holds or exercises any public
office or any franchise within his county. The county attorney shall bring the action
when he has reason to believe that any such office or franchise is being usurped,
intruded into or unlawfully held or exercised.
12-2043 Failure of attorney general or county attorney to bring action for claimant of office
A. If the attorney general or the county attorney refuses to bring an action as
provided for in sections 12-2041 and 12-2042, upon information or at the request of any
person claiming such office or franchise, the person may apply to the court for leave to
bring the action in his own name and may so bring it if leave therefor is granted.
B. Notice of the application shall be given to the attorney general or the county
attorney as the case may be.
12-2044 Adjudication of office; damages; several claimants
A. When the action involves the right to an office, the complaint shall show the
one who is entitled to the office, and the issues made thereon shall be tried. The
judgment given shall adjudge who is entitled to the office. If judgment is given
awarding the right to the office to the person alleged to be entitled thereto, he may
recover the damages which he has sustained by reason of the usurpation of the office by
defendant.
B. When several persons claim the same office or franchise, one action may be
brought against all such persons to try their rights to the office or franchise.
12-2045 Judgment of usurpation; classification
If a defendant is adjudged guilty of usurping or intruding into or unlawfully
holding an office, franchise or privilege, such defendant is guilty of a petty offense
and shall be excluded from the office, franchise or privilege.
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