Arizona Revised Statutes Enabling Act Sec. 33

Sec. 33. That the said circuit or the said district courts, as the case may be, shall have jurisdiction to hear and determine all trials, proceedings, and questions arising, or which may be raised, in any case or controversy pending in any of the courts other than the supreme court of the said Territory at the date of its admission as a state, the case being such that, under the laws of the United States touching the jurisdiction of federal courts, it might properly have been begun in or (as a separate controversy or otherwise) removed to said circuit or said district court had they been established when the litigation of such case or controversy was commenced.  Should such case or controversy be such that, if begun within a state, it would have fallen within the exclusive original cognizance of a circuit or district court of the United States sitting therein, it shall be transferred to the one or the other of said courts sitting within said state of Arizona, with due regard for the general provisions of law defining their respective jurisdiction;  but should such case or controversy be by nature one of those which under such general jurisdictional provisions fall within the concurrent, but not the exclusive, jurisdiction of such courts, then such transfer may be had upon application of any party to such case or controversy, to be made as nearly as may be in the manner now provided for removal of cases from state to federal courts, and not later than sixty days after the lodgment of the record of such case or controversy in the proper court of the state as herein provided.  All cases and controversies pending at the admission of the state, and not transferable to the said circuit or district court under the foregoing provisions, shall be heard and determined by the proper court of the state.  All files, records and proceedings relating to any such pending cases or controversies shall be transferred to such circuit, district, and state courts, respectively, in such wise and so authenticated or proven as such courts shall respectively by rule direct, and upon transfer of any case or controversy as herein provided the same shall be proceeded with in due course of law;  and no writ, action, indictment, information, cause or proceeding pending in any court of the said Territory at the time of its admission as a state shall abate or be deemed ineffective by reason of such admission, but the same shall be transferred and proceeded with in the proper circuit or district court of the United States or state court, as the case may be:  Provided, however, that all cases pending and undisposed of in the supreme court of the said Territory at the time of the admission thereof as a state shall be transferred, together with the records thereof, to the highest appellate court of the state, and shall be heard and determined thereby, and appeal to and writ of error from the supreme court of the United States shall lie to review all such cases in accordance with the rules and principles applicable to the review by that tribunal of cases determined by state courts:  Provided, further, that all cases so pending in said Territorial supreme court in which the United States is a party or which, if instituted within a state, would have fallen within the exclusive original cognizance of a circuit or district court of the United States, shall, with the records appertaining thereto, be transferred to the circuit court of appeals for the ninth circuit, and be there heard and decided;  and any such case which, if finally decided by the supreme court of the Territory, would have been in any manner reviewable by the supreme court of the United States may, in like manner and with like effect, be so reviewed after final decision thereof by said circuit court of appeals.  Transfers of all files and records from the said Territorial supreme court to the highest appellate court of the state and to the said circuit court of appeals shall be accomplished in such manner and under such proofs and authentications as the two last-mentioned courts shall respectively by rule prescribe.

All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said Territory as a state, but as to which no suit, action, or prosecution be pending at the date of such admission, shall be subject to prosecution in the courts of said state and the said circuit or district courts of the United States sitting therein, and to review in the appellate courts of such respective sovereignties in like manner and to the same extent as if said state had been created and such circuit, district, and state courts had been established prior to the accrual of such cases of action and the commission of such offenses;  and in effectuation of this provision such of the said criminal offenses as shall have been committed against the laws of the said Territory shall be tried and punished by the appropriate courts of the said state, and such as shall have been committed against the laws of the United States shall be tried and punished in the circuit or district courts of the United States.

All suits and actions brought by the United States in which said Territory is named as a party defendant which shall be pending in any court of said Territory at the date of its admission hereunto shall be transferred as herein provided, and the said state shall be substituted therein and become a party defendant thereto in lieu of said Territory.

Cite this article: FindLaw.com - Arizona Revised Statutes Enabling Act Sec. 33 - last updated March 08, 2022 | https://codes.findlaw.com/az/enabling-act/az-rev-st-enabling-act-sec-33.html


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