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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : LIMITATIONS OF ACTIONS
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12-501. Effect of absence from state
When a person against whom there is a cause of action is without the state at the
time the cause of action accrues or at any time during which the action might have been
maintained, such action may be brought against the person after his return to the
state. The time of such person's absence shall not be counted or taken as a part of the
time limited by the provisions of this chapter.
12-502. Effect of minority or insanity
If a person entitled to bring an action other than those set forth in article 2 of
this chapter is at the time the cause of action accrues either under eighteen years of
age or of unsound mind, the period of such disability shall not be deemed a portion of
the period limited for commencement of the action. Such person shall have the same time
after removal of the disability which is allowed to others.
12-503 Tacking of disabilities prohibited
The period of limitation shall not be extended by the connection of one disability
with another. When the law of limitation begins to run it shall continue to run
notwithstanding a supervening disability of the party entitled to sue or liable to be
sued.
12-504 Saving of action timely commenced; defense or counterclaim; improper plaintiff; applicability
A. If an action is commenced within the time limited for the action, and the action
is terminated in any manner other than by abatement, voluntary dismissal, dismissal for
lack of prosecution or a final judgment on the merits, the plaintiff, or a successor or
personal representative, may commence a new action for the same cause after the
expiration of the time so limited and within six months after such termination. If an
action timely commenced is terminated by abatement, voluntary dismissal by order of the
court or dismissal for lack of prosecution, the court in its discretion may provide a
period for commencement of a new action for the same cause, although the time otherwise
limited for commencement has expired. Such period shall not exceed six months from the
date of termination.
B. The provisions of subsection A apply to judgments on appeal. The date of
issuance of the mandate by the appellate court constitutes the date of termination of the
action for the purposes of computing the time limited for commencement of the new action.
C. If a new action on the same cause of action is commenced by the plaintiff, his
successor or his personal representative, the assertion of any cause of action or defense
by the defendant in the new action is timely if it was or could have been timely asserted
in the prior action.
D. If an action timely commenced is dismissed because the named plaintiff is not
the proper party to bring the action, the provisions of this section apply to an action
subsequently brought by the proper party, provided that the dismissed action was
sufficient to put the defendant on notice of the claim sought to be asserted.
E. The provisions of this section are applicable to actions terminated by orders of
dismissal entered on or after the effective date of this section.
12-505 Effect of statute changing limitation
A. An action barred by pre-existing law is not revived by amendment of such law
enlarging the time in which such action may be commenced.
B. If an action is not barred by pre-existing law, the time fixed in an amendment
of such law shall govern the limitation of the action.
C. If an amendment of pre-existing law shortens the time of limitation fixed in the
pre-existing law so that an action under pre-existing law would be barred when the
amendment takes effect, such action may be brought within one year from the time the new
law takes effect, and not afterward.
12-506 Action barred by foreign statute of limitation, bankruptcy or insolvency
A. No action shall be maintained against a person removing to this state from
another state or foreign country to recover upon an action which was barred by the law of
limitations of the state or country from which he migrated.
B. No action shall be brought to recover money from an immigrant who was released
from its payment by the bankruptcy or insolvency laws of the state or country from which
he migrated.
12-507 Action against person removing to this state
No demand against a person who removes to this state, incurred prior to his removal,
shall be barred by the statute of limitation until he has resided in this state one year,
unless barred at the time of his removal to this state by the laws of the state or
country from which he migrated.
12-508 Effect of acknowledgment upon barred action
When an action is barred by limitation no acknowledgment of the justness of the
claim made subsequent to the time it became due shall be admitted in evidence to take the
action out of the operation of the law, unless the acknowledgment is in writing and
signed by the party to be charged thereby.
12-509 Presumption of death from five year absence; restoration of estate recovered upon presumption
A. A person absenting himself from the place of his last domicile for five years
successively shall be presumed dead in any action wherein his death comes in question,
unless proof is made that he was alive within that time.
B. Except as otherwise provided in section 14-3412, if in a subsequent action the
person presumed, under subsection A, to be dead is proved to be living, the estate shall
be restored to him and he may moreover demand and recover the rents and profits of the
estate during the time that he has been deprived thereof, with interest.
12-510 Exemption of state from limitations
Except as provided in section 12-529, the state shall not be barred by the
limitations of actions prescribed in this chapter.
12-511 Civil action arising from criminal conduct; definitions
A. Notwithstanding sections 12-505 and 12-542, if a defendant is charged by a
criminal complaint or indictment the statute of limitations for any civil cause of action
that is brought by a victim against the defendant for criminal conduct against the victim
is extended for one year from the final disposition of the criminal proceedings,
regardless of whether the defendant is convicted of criminal conduct against the victim.
B. There is no duty under a policy of insurance to defend or indemnify for any loss
resulting from criminal conduct if the civil action is not commenced within the time
period that would be applicable without any tolling or extension of the statute of
limitations pursuant to this section.
C. This section does not toll or extend any statute of limitations applicable to a
civil cause of action brought against the employer or former employer of any defendant
who is subject to this section.
D. This section does not shorten any other applicable tolling provisions.
E. In any action brought pursuant to this section, the standard of proof is by the
preponderance of the evidence.
F. This section applies to all cases in which the victim files a civil action
within one year after the final disposition of the defendant's criminal proceedings,
regardless of when the defendant committed the criminal conduct.
G. For the purposes of this section:
1. "Civil cause of action" means any civil claim that the victim could have brought
against the defendant for criminal conduct committed against the victim regardless of
whether any of these incidents was criminally prosecuted.
2. "Criminal conduct":
(a) Means any act, including all preparatory offenses, in violation of section
13-1103, 13-1104, 13-1105, 13-1202, 13-1203, 13-1204, 13-1208, 13-1304, 13-1404,
13-1405, 13-1406, 13-1410, 13-1417, 13-2314.04, 13-2915, 13-2916, 13-2921, 13-2921.01,
13-3019, 13-3552, 13-3553, 13-3554, 13-3601 or 13-3601.02.
(b) Includes any act involving sexual assault of a spouse that was committed before
the effective date of this amendment to this section.
3. "Defendant" means a natural person.
4. "Final disposition" has the same meaning prescribed in sections 8-382 and
13-4401.
5. "Victim" has the same meaning prescribed in sections 8-382 and 13-4401.
12-521. Definitions
A. In this article, unless the context otherwise requires:
1. "Adverse possession" means an actual and visible appropriation of the land,
commenced and continued under a claim of right inconsistent with and hostile to the claim
of another.
2. "Peaceable possession" means possession which is continuous, and not interrupted
by an adverse action to recover the estate.
3. "Real property" includes mines and mining claims.
B. "Peaceable and adverse possession" need not be continued in the same person, but
when held by different persons successively there must be a privity of estate between
them.
12-522 Real property claimed only by right of possession; two year limitation
When a party in possession claims real property by right of possession only, actions
to recover possession from him shall be commenced within two years after the cause of
action accrues and not afterward. In such actions defendant is not required to show
title or color of title from and under the sovereignty of the soil as against the
plaintiff who shows no better right.
12-523 Real property in adverse possession under title or color of title; three year limitation
A. An action to recover real property from a person in peaceable and adverse
possession under title or color of title shall be commenced within three years after the
cause of action accrues, and not afterward.
B. "Title" means a regular chain of transfer from or under sovereignty of the
soil. "Color of title" means a consecutive chain of such transfer down to the person in
possession without being regular, as if one or more of the memorials or muniments is not
recorded or not duly recorded or is only in writing, or such like defect as does not
extend to or include the want of intrinsic fairness and honesty, or when the party in
possession holds the real property by a land warrant or land scrip, with a chain of
transfer down to him in possession.
12-524 City lot claimed under recorded deed; five year limitation
An action to recover a lot located in a city or town from a person having a recorded
deed therefor, who claims ownership and has paid the taxes thereon, shall be brought
within five years after the cause of action accrues, and not afterward, provided that the
person against whom the action is brought, by himself or his grantors, has claimed
ownership thereof and has paid the taxes thereon for at least five consecutive years next
preceding the commencement of such action.
12-525 Real property in adverse possession and use under duly recorded deed with possessor paying taxes; five year limitation; exception
A. An action to recover real property from a person in peaceable and adverse
possession, and cultivating, using or enjoying the property, and paying taxes thereon,
and claiming under a deed or deeds duly recorded, shall be commenced within five years
after the cause of action accrues, and not afterward.
B. This section shall not apply to anyone in possession of land, who in the absence
of this section would claim title through a forged deed, and no one claiming under a
forged deed or a deed executed under a forged power of attorney shall be allowed the
benefits of this section.
12-526 Real property in adverse possession and use by possessor; ten year limitation; limit of area; fixing of boundaries under duly recorded memorandum of title
A. A person who has a cause of action for recovery of any lands, tenements or
hereditaments from a person having peaceable and adverse possession thereof, cultivating,
using and enjoying such property, shall commence an action therefor within ten years
after the cause of action accrues, and not afterward.
B. The peaceable and adverse possession referred to in subsection A shall not
embrace more than one hundred and sixty acres, including the improvements or the number
of acres actually enclosed if less than one hundred and sixty acres is so enclosed, but
when such adverse possession is taken and held under some written memorandum of title
other than a deed which fixes the boundaries of the possessor's claim and is duly
recorded, such possession shall be construed to be coextensive with the boundaries
specified in such instrument.
12-527. Effect of limitation on title
When an action for recovery of real property is barred by any provision of this
article, the person who pleads and is entitled to the bar shall be held to have full
title precluding all claims.
12-528. Persons under disability
A. If a person entitled to commence an action for recovery of real property, or to
make any defense founded on the title to real property, is at the time the adverse
possession commences or the title first descends under eighteen years of age or of
unsound mind, the period of such disability shall not be deemed a portion of the time
limited for bringing such action or making such defense. Such person shall have the same
time, after the removal of the disability, which is allowed to others.
B. If a person entitled to commence an action for recovery of real property, or to
make any defense founded on the title to real property, is at the time the adverse
possession commences or the title first descends imprisoned, the period of such
disability shall exist only until such imprisoned person discovers the right to bring the
action or make the defense or with the exercise of reasonable diligence should have
discovered the right to bring the action or make the defense, whichever occurs first, and
such person shall have the same time after the disability ceases to exist which is
allowed to others.
12-529 Defenses available for certain actions by the state or person claiming through the state
Any action brought by this state or any person claiming through this state for
lands, or for the rents or profits from lands, based on a claim of navigability of any
watercourse, as defined in section 37-1101, except the Colorado river, is subject to all
legal and equitable defenses which would be available if the claimant were not this state
or a private person or political subdivision of this state claiming through this state.
12-541 Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation
There shall be commenced and prosecuted within one year after the cause of action
accrues, and not afterward, the following actions:
1. For malicious prosecution, or for false imprisonment, or for injuries done to
the character or reputation of another by libel or slander.
2. For damages for seduction or breach of promise of marriage.
3. For breach of an oral or written employment contract including contract actions
based on employee handbooks or policy manuals that do not specify a time period in which
to bring an action.
4. For damages for wrongful termination.
5. Upon a liability created by statute, other than a penalty or forfeiture.
12-542 Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation
Except as provided in section 12-551 there shall be commenced and prosecuted within
two years after the cause of action accrues, and not afterward, the following actions:
1. For injuries done to the person of another including causes of action for
medical malpractice as defined in section 12-561.
2. For injuries done to the person of another when death ensues from such injuries,
which action shall be considered as accruing at the death of the party injured.
3. For trespass for injury done to the estate or the property of another.
4. For taking or carrying away the goods and chattels of another.
5. For detaining the personal property of another and for converting such property
to one's own use.
6. For forcible entry or forcible detainer, which action shall be considered as
accruing at the commencement of the forcible entry or detainer.
12-543 Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation
There shall be commenced and prosecuted within three years after the cause of action
accrues, and not afterward, the following actions:
1. For debt where the indebtedness is not evidenced by a contract in writing.
2. Upon stated or open accounts other than such mutual and current accounts as
concern the trade of merchandise between merchant and merchant, their factors or agents,
but no item of a stated or open account shall be barred so long as any item thereof has
been incurred within three years immediately prior to the bringing of an action thereon.
3. For relief on the ground of fraud or mistake, which cause of action shall not be
deemed to have accrued until the discovery by the aggrieved party of the facts
constituting the fraud or mistake.
12-544 Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; four year limitation
There shall be commenced and prosecuted within four years after the cause of action
accrues, and not afterward, the following actions:
1. For the penalty or for damages on the penal clause of a bond to convey real
property.
2. By one partner against his copartner for a settlement of the partnership
account, or upon mutual and current accounts concerning the trade of merchandise between
merchant and merchant, their factors or agents, and the cause of action shall be
considered as having accrued upon a cessation of the dealings in which they were
interested together.
3. Upon a judgment or decree of a court rendered without the state, or upon an
instrument in writing executed without the state. This paragraph does not apply to a
judgment for support, as defined in section 25-500, and to associated costs and attorney
fees.
4. An action arising under the provisions of title 47, chapter 2, for breach of any
contract of sale, which action shall be governed by section 47-2725, notwithstanding any
other provision of this section or of section 12-543 or 12-548.
12-545 Bond of personal representative or guardian; four year limitation
An action on the bond of an executor, administrator or guardian shall be commenced
and prosecuted within four years after the death, resignation, removal or discharge of
such executor, administrator or guardian, and not afterward.
12-546 Specific performance of contract to convey realty; four year limitation
An action for specific performance of a contract for the conveyance of real property
shall be commenced within four years after the cause of action accrues, and not
afterward.
12-547 Failure to make return on execution; five year limitation
When execution has issued and no return is made thereon, the party in whose favor
the execution was issued may proceed against the sheriff or other officer and his
sureties for not making return within five years from the day on which it was returnable,
and not afterward.
12-548 Contract in writing for debt; six year limitation
An action for debt where indebtedness is evidenced by or founded upon a contract in
writing executed within the state shall be commenced and prosecuted within six years
after the cause of action accrues, and not afterward.
12-549. Foreign judgment
An action upon a judgment or decree rendered in another state or foreign country
shall be barred if by the laws of such state or country such action would there be barred
and the judgment or decree is incapable of being otherwise enforced there.
12-550. General limitation
Actions other than for recovery of real property for which no limitation is
otherwise prescribed shall be brought within four years after the cause of action
accrues, and not afterward.
12-551. Product liability
A product liability action as defined in section 12-681 shall be commenced and
prosecuted within the period prescribed in section 12-542, except that no product
liability action may be commenced and prosecuted if the cause of action accrues more than
twelve years after the product was first sold for use or consumption, unless the cause of
action is based upon the negligence of the manufacturer or seller or a breach of an
express warranty provided by the manufacturer or seller.
12-552 Actions involving development of real property design, engineering and construction of improvements
A. Notwithstanding any other statute, no action or arbitration based in contract
may be instituted or maintained against a person who develops or develops and sells real
property, or performs or furnishes the design, specifications, surveying, planning,
supervision, testing, construction or observation of construction of an improvement to
real property more than eight years after substantial completion of the improvement to
real property.
B. Notwithstanding subsection A of this section, in the case of injury to real
property or an improvement to real property, if the injury occurred during the eighth
year after the substantial completion, or, in the case of a latent defect, was not
discovered until the eighth year after substantial completion, an action to recover
damages for injury to the real property may be brought within one year after the date on
which the injury to real property or an improvement to real property occurred or a latent
defect was discovered, but in no event may an action be brought more than nine years
after the substantial completion of the improvement.
C. The limitations in subsections A and B of this section include any action based
on implied warranty arising out of the contract or the construction, including implied
warranties of habitability, fitness or workmanship.
D. Nothing in this section applies to actions for personal injury or death nor
shall this section operate to shorten the period of warranty provided in an express
written warranty.
E. For the purposes of subsections A, B and C of this section, an improvement to
real property is considered substantially complete when any of the following first
occurs:
1. It is first used by the owner or occupant of the improvement.
2. It is first available for use after having been completed according to the
contract or agreement covering the improvement, including agreed changes to the contract
or agreement.
3. Final inspection, if required, by the governmental body which issued the
building permit for the improvement.
F. In this section an action based in contract is an action based on a written real
estate contract, sales agreement, construction agreement, conveyance or written agreement
for construction or for the services set forth in subsection A of this section. This
section shall not be construed to extend the period prescribed by the laws of this state
for bringing any action. If a shorter period of limitation is prescribed for a specific
action, the shorter period governs.
G. With respect to an improvement to real property that was substantially complete
on or before September 15, 1989, the eight and nine-year periods established in
subsections A and B of this section shall begin to run on September 15,
1989. Notwithstanding the provisions of subsection E of this section and section 12-505,
subsection A, this subsection applies to claims that accrued before the effective date of
this amendment to this section.
12-553 Limited liability of equine owners and owners of equine facilities; exception; definitions
A. An equine owner or an agent of an equine owner who regardless of consideration
allows another person to take control of an equine is not liable for an injury to or the
death of the person if:
1. The person has taken control of the equine from the owner or agent when the
injury or death occurs.
2. The person or the parent or legal guardian of the person if the person is under
eighteen years of age has signed a release before taking control of the equine.
3. The owner or agent has properly installed suitable tack or equipment or the
person has personally tacked the equine with tack the person owned, leased or
borrowed. If the person has personally tacked the equine, the person assumes full
responsibility for the suitability, installation and condition of the tack.
4. The owner or agent assigns the person to a suitable equine based on a reasonable
interpretation of the person's representation of his skills, health and experience with
and knowledge of equines.
B. Subsection A does not apply to an equine owner or agent of the equine owner who
is grossly negligent or commits wilful, wanton or intentional acts or omissions.
C. An owner, lessor or agent of any riding stable, rodeo ground, training or
boarding stable or other private property that is used by a rider or handler of an equine
with or without the owner's permission is not liable for injury to or death of the equine
or the rider or handler.
D. Subsection C does not apply to an owner, lessor or agent of any riding stable,
rodeo ground, training or boarding stable or other private property that is used by a
rider or handler of an equine if either of the following applies:
1. The owner, lessor or agent knows or should know that a hazardous condition
exists and the owner, lessor or agent fails to disclose the hazardous condition to a
rider or handler of an equine.
2. The owner, lessor or agent is grossly negligent or commits wilful, wanton or
intentional acts or omissions.
E. As used in this section:
1. "Equine" means a horse, pony, mule, donkey or ass.
2. "Release" means a document that a person signs before taking control of an
equine from the owner or owner's agent and that acknowledges that the person is aware of
the inherent risks associated with equine activities, is willing and able to accept full
responsibility for his own safety and welfare and releases the equine owner or agent from
liability unless the equine owner or agent is grossly negligent or commits wilful, wanton
or intentional acts or omissions.
12-554 Limited liability; baseball facilities; definitions
A. An owner is not liable for injuries to spectators who are struck by baseballs,
baseball bats or other equipment used by players during a baseball game unless the owner
either:
1. Does not provide protective seating that is reasonably sufficient to satisfy
expected requests.
2. Intentionally injures a spectator.
B. This section does not prevent or limit the liability of an owner who fails to
maintain the premises of the baseball stadium in a reasonably safe condition.
C. This section does not create an independent duty of care for a registered design
professional or licensed contractor.
D. A registered design professional or a licensed contractor who is involved in the
design, construction or operation of the facility is not liable for injuries to
spectators who are struck by baseballs, baseball bats or other equipment used by players
during a baseball game unless a registered design professional or a licensed contractor
either:
1. Does not provide for protective seating that is reasonably sufficient to satisfy
expected requests.
2. Intentionally injures a spectator.
E. This section does not prevent or limit liability of a registered design
professional or a licensed contractor who fails to design, construct or operate the
premises of the baseball stadium in a reasonably safe condition or manner.
F. As used in this section:
1. "Baseball game" means an amateur or professional baseball game, whether for
exhibition or competition. Baseball game includes pregame and postgame activities
regardless of the time of day when the game is played.
2. "Owner" means a person, city, town, county, special district, limited liability
company, school district, community college district, college or university that is in
lawful possession and control of a baseball team or facility in which baseball games are
played. Owner includes an employee or agent of the owner.
3. "Protective seating" means either:
(a) An area in which a screen to prevent a ball or bat from entering the seating
area exists between the spectator and the playing field.
(b) An area that is reasonably safe for the avoidance of injuries from baseballs,
baseball bats or other equipment used by players during a baseball game.
4. "Spectator" means a person who is present at a baseball game for the purpose of
observing the game, whether or not the person pays an admission fee or is compensated to
observe the game.
12-555 Uninsured and underinsured motorist coverage; claims; time limits
A. An insurer is not liable for uninsured or underinsured motorist coverage
benefits unless the person making the claim gives notice to the insurer in writing of the
person's intent to pursue the claim against the uninsured or underinsured motorist
portion of a motor vehicle insurance policy within three years after the person knows or
should know that the party that the person claims caused the harm does not have liability
insurance or has insufficient liability insurance to cover the person's injuries.
B. An insurer shall bring an action for subrogation and reimbursement pursuant to
section 20-259.01 within two years after the date the insurer first makes payment to the
insured under the uninsured motorist coverage.
12-556 Limited liability; closed-course motor sport facility owners, lessors and operators; definitions
A. A person who operates a closed-course motor sport facility may require a
nongeneral spectator to sign a motor sport liability release form as a condition of
admission into any nongeneral spectator area of the facility. A person or entity that
owns, leases or operates a closed-course motor sport facility or that sponsors the motor
sport event is not liable for an injury to or the death of a nongeneral spectator, unless
the injury or death is a direct result of intentional misconduct or gross negligence, if
the nongeneral spectator both:
1. Signed a motor sport liability release form.
2. Was injured within a nongeneral spectator area during the period of time covered
by the motor sport liability release form.
B. A motor sport liability release form shall be in at least eight point
type. More than one person may sign a motor sport liability release form if the release
form appears on each page or side of a page that is signed.
C. For the purposes of this section:
1. "Closed-course motor sport facility" means a closed-course speedway or racetrack
that is designed and intended for motor vehicle competition, exhibitions of speed or
other forms of recreation involving the use of motor vehicles.
2. "Motor vehicle" means an automobile, motorcycle or other vehicle that is
propelled by power, other than muscular power, that is used to transport persons and that
operates within the confines of a closed-course motor sport track.
3. "Nongeneral spectator" means an event participant or attendee who seeks
admission into the nongeneral spectator area.
4. "Nongeneral spectator area" means a posted area within a closed-course motor
sport facility to which all of the following apply:
(a) Admission to the area is conditioned on signing a motor sport liability release
form.
(b) The area is intended for event participants.
(c) The area excludes the general spectator area. For the purposes of this
subdivision, "general Spectator area" means an area within a closed-course motor sport
facility that is open to the general public, whether or not admission is charged, and to
which the general public has unrestricted access, including grandstands and other general
admission seating or viewing areas.
5. "Posted" means a nongeneral spectator area:
(a) That is enclosed by a fence or wall at least six feet high in all areas where
nonparticipants may gain entry and at least three feet high in any other area.
(b) In which signs with lettering at least four inches high reading "nongeneral
spectator area" are displayed not more than five hundred feet from the entrance to the
nongeneral spectator area and at each entrance to the nongeneral spectator area.
6. "Release" means a document that a nongeneral spectator signs before entering a
nongeneral spectator area in a closed-course motor sport facility and that acknowledges
that the nongeneral spectator is aware of the inherent risks associated with the
nongeneral spectator's activities, is willing and able to accept full responsibility for
the spectator's own safety and welfare and releases the owner or entity that owns, leases
or operates the facility or that sponsors the motor sport event from liability pursuant
to subsection A.
12-653.01 Definitions
In this article, unless the context otherwise requires:
1. "Actual malice" means that state of mind arising from personal spite, hatred, or
ill will toward the plaintiff, but such a state of mind occasioned by a good faith belief
on the part of the defendant in the truth of the libelous publication or broadcast at the
time it is published or broadcast shall not constitute actual malice.
2. "Exemplary damages" means damages which may, in the discretion of the court or
jury, be recovered in addition to general and special damages for the sake of example and
by way of punishing a defendant who has made the publication or broadcast with actual
malice.
3. "General damages" means damages for loss of reputation.
4. "Magazine" or "newspaper" means any publication which may be mailed at the
second-class rates established by the United States post office.
5. "Special damages" means all damages which the plaintiff alleges and proves he
has suffered in respect only to his property, business, trade, profession or occupation.
12-653.02 Failure to demand or publish or broadcast correction; publication with actual malice; damages; service of demand
In an action for damages for the publication of a libel in a newspaper or magazine,
or of a slander by radio or television broadcast, the plaintiff shall recover no more
than special damages unless a correction is demanded and not published or broadcast,
unless the plaintiff shall prove the publication or broadcast was made with actual
malice. The plaintiff shall serve upon the publisher at the place of publication, or
broadcaster at the place of broadcast, a written notice specifying the statements claimed
to be libelous and demanding that the same be corrected. The notice and demand shall be
served within twenty days after actual knowledge of the plaintiff of the publication or
broadcast of the statements claimed to be libelous.
12-653.03 Failure to publish or broadcast correction; recovery of special and exemplary damages; malice
If a correction is demanded within the period prescribed by section 12-653.02, and
is not published or broadcast in substantially as conspicuous a manner in the newspaper
or magazine, or on the radio or television broadcasting station, as the statements
claimed to be libelous, in a regular issue thereof published or broadcast within three
weeks after service, plaintiff, if he pleads and proves the notice, demand and failure to
correct, and if his cause of action is maintained, may recover general, special and
exemplary damages subject to applicable rules of law governing such damages in this
jurisdiction, but no exemplary damages may be recovered unless the plaintiff proves that
defendant made the publication or broadcast with actual malice and then only in the
discretion of the court or jury.
12-653.04 Publication or broadcast of correction prior to demand
A correction published or broadcast in substantially as conspicuous a manner in the
newspaper or magazine, or on the radio or television broadcasting station, as the
statements claimed in the complaint to be libelous, prior to receipt of a demand
therefor, shall be of the same force and effect as though the correction had been
published or broadcast within three weeks after a demand therefor.
12-653.05 Exception
The provisions of this article shall not apply to any publication or broadcast made
within thirty days preceding any election, if such publication or broadcast is designed
to in any way influence the results of such election.
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