Skip to main content
Find a Lawyer

Arizona Revised Statutes Title 12. Courts and Civil Proceedings § 12-2409. Judicial review of application; issuance of provisional remedies

Current as of January 01, 2025 | Updated by Findlaw Staff

A. The judge or justice of the peace shall within five days, exclusive of weekends and holidays, after entry of default as provided in § 12-2408, review and examine all pleadings, affidavits and documents filed in the action to determine the following:

1. That an affidavit has been filed by the person who served a copy of the application and notice evidencing service.

2. That the affidavit of default required by § 12-2408 has been filed and the default entered by the clerk.

3. That the claim or claims of the party seeking any provisional remedy are based on facts stated in the affidavit sufficient to show that such claim or claims are valid.

4. That any statutory requirement for the issuance of any provisional remedy sought exists.

5. That any other pleadings or affidavits required by law as a prerequisite for the issuance of any provisional remedy sought have been filed.

B. If the judge or justice of the peace finds that the requirements of subsection A have been met, the provisional remedy shall be issued.

C. Written findings that the requirements of subsection A have been met shall be included in the order issuing any provisional remedy.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Arizona Revised Statutes Title 12. Courts and Civil Proceedings § 12-2409. Judicial review of application; issuance of provisional remedies - last updated January 01, 2025 | https://codes.findlaw.com/az/title-12-courts-and-civil-proceedings/az-rev-st-sect-12-2409/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard