Injury Law 2 (Title 12)
A.R.S. 12-401
Venue
No person shall be sued out of the county in which such person resides, except:
1. When a defendant or all of several defendants reside without the state or their residence is unknown, the action may be brought in the county in which the plaintiff resides.
2. A married person may be sued in the county in which such person's spouse resides unless such spouse is living separate and apart from the defendant.
3. Transient persons may be sued in any county in which found.
4. Persons who have contracted a debt or obligation in one county and thereafter remove to another county may be sued in either county.
5. Persons who have contracted in writing to perform an obligation in one county may be sued in such county or where they reside.
6. Persons who have contracted a debt or obligation without the state may be sued in any county in which found.
7. When there are several defendants residing in different counties, action may be brought in the county in which any of the defendants reside.
8. Actions against personal representatives, administrators, guardians and conservators as such, to establish a money demand against the estate represented by them, shall be brought in the county in which the estate is being administered.
9. In cases of fraud and defalcation of public officers action may be brought in the county in which the fraud was committed or the defalcation occurred, or in which the defendant or any of several defendants reside or may be found.
10. When the foundation of the action is a crime, offense or trespass for which an action in damages may lie, the action may be brought in the county in which the crime, offense or trespass was committed or in the county in which the defendant or any of the several defendants reside or may be found, but any action for damages against the editor, proprietor or publisher of a newspaper or periodical published in the state for publication of an alleged libelous statement shall be brought in the county in which the principal publication office of the newspaper or periodical is located or in the county where the plaintiff resided at the time of publication of such statement.
11. Actions for the recovery of personal property may be brought in the county in which the property may be or in which the defendant or any of several defendants may be found.
12. Actions for the recovery of real property, for damages thereto, for rents, profits, use and occupation thereof, for partition thereof, to quiet title thereto, to remove a cloud or incumbrance on the title thereto, to foreclose mortgages and other liens thereon, to prevent or stay waste or injuries thereto, and all other actions concerning real property, shall be brought in the county in which the real property or a part thereof is located.
13. Actions for dissolution of marriage or legal separation shall be brought in the county in which a petitioner is residing at the time the action is filed.
14. Actions to enjoin execution of judgments or to stay proceedings in any action shall be brought in the county in which the judgment was rendered or the action is pending.
15. Actions against counties shall be brought in the county sued unless several counties defendants, when it may be brought in any one of the counties.
16. Actions against public officers shall be brought in the county in which the officer, or one of several officers, holds office.
17. Actions on behalf of the state shall be brought in the county in which the seat of government is located.
18. Actions against railroad companies, insurance companies, telegraph or telephone companies, joint stock companies and other corporations may be brought in any county in which the cause of action, or a part thereof, arose, or in the county in which defendant has an agent or representative, owns property or conducts any business.
19. Where part of a river, watercourse, highway, road or street is the boundary line between two counties, the courts of each of the counties shall have concurrent jurisdiction in actions over such parts of the river, watercourse, highway, road or street.
Comment: When bringing a civil action, there are rules that must be followed in where to bring one's claim. This statute explains, depending on the type of legal action, where the case should be brought.
Phoenix Personal Injury Lawyers
Abogado Phoenix, Lesiones Personales
A.R.S. 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.
Comment: When someone is a victim of a crime and pursues a civil claim as well, this will typically modify the statute of limitations in pursuing the cliam. The statute notes it's one year from the finish of the criminal proceedings.
A.R.S. 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.
Comment: There is a one year statute of limitations on pursuing these types of civil claims in Arizona.
Phoenix Arizona Bankruptcy Lawyer
Phoenix Injury and Accident Attorneys
A.R.S. 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.
Comment: There is a 2 year statute of limitations on pursuing these types of claims in Arizona. Many negligence actions, such as car accidents, will fall under this category. This statute also includes property damage, wrongful death, and medical malpractice.
Phoenix Divorce Attorney Arizona