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Current as of January 01, 2025 | Updated by Findlaw Staff
A. When the action described in § 12-803 is filed, it shall have precedence over all actions except criminal proceedings, election contests and hearings on injunctions.
B. In the action, evidence of the general reputation of the building or place shall be admissible for the purpose of proving existence of the nuisance.
C. If the complaint is filed by a citizen, it shall not be dismissed by plaintiff or for want of prosecution except upon a sworn statement made by plaintiff and his attorney, if any, setting forth the reasons why the action should be dismissed. The dismissal may be ordered by the court.
D. In case of failure to prosecute the action with reasonable diligence, or at the request of plaintiff, the court, in its discretion, may substitute any citizen consenting thereto for plaintiff.
E. If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, costs shall be taxed against the citizen.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 12. Courts and Civil Proceedings § 12-805. Precedence of action; reputation of place as evidence; dismissal; substitution of plaintiffs; costs - last updated January 01, 2025 | https://codes.findlaw.com/az/title-12-courts-and-civil-proceedings/az-rev-st-sect-12-805/
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.
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