A.R.S. tit. 22 | Title 22 — Justice and Municipal Courts

Chapter 1 Justice Precincts and Precinct Officers

Article 1 Justice Precincts

§ 22-101 Justice precincts; formation, change or abolishment; jurisdiction

A. The board of supervisors shall divide the county into justice precincts and name or number them, and may change or abolish any justice precinct or redistrict the county, but abolishment of a precinct shall not take effect until expiration of the term of office of the justice and constable then in office.

B. A justice of the peace shall have original jurisdiction as provided in sections 22-201 and 22-301.

§ 22-102 Officers and term of office

The officers of justice precincts shall be a justice of the peace and a constable, who shall be elected by the qualified electors of the precinct at the general election for state and county officers for terms of four years each.

§ 22-103 Presiding justice of the peace; selection

In any county in which two or more justice courts are located, the justices of the peace in that county shall periodically select one justice of the peace to serve as presiding justice of the peace and another justice of the peace to act as the presiding justice of the peace and to perform the duties and exercise the powers of the presiding justice of the peace during the absence or inability to act of the presiding justice of the peace.

§ 22-104 Presiding constable; associate presiding constable; selection; duties

A. In each county in which there are four or more constables, the constables in that county shall select by majority vote one constable to serve as the presiding constable and another constable to act as the associate presiding constable and to perform the duties and exercise the powers of the presiding constable during the absence or inability to act as the presiding constable.

B. The presiding constable and associate presiding constable each serve for a two-year term.

C. At any time during the presiding constable's or associate presiding constable's term, a majority of the constables within the county may vote to remove the presiding constable or associate presiding constable and may select a new presiding constable or associate presiding constable to complete the term.

D. The presiding constable's duties include:

Serving as the liaison between the constables within the county and the county manager and other county departments.
Assigning deputy constables within the county.
Assigning and managing clerical staff for constables within the county.
In a constable's absence, assigning court orders that need service to other constables within the county.

E. This section does not require the county to pay any costs to support a presiding constable or associate presiding constable in performing the duties required by this section.

Article 2 Justices of the Peace

§ 22-111 Election; term of office

In each justice precinct there shall be elected by the qualified electors of the precinct, at the general election, one justice of the peace, who shall hold office for a term of four years from January 1 following his election, and who may continue in office during his candidacy for another judicial office of the state and, if elected, until he assumes the duties of the other judicial office.

§ 22-112 Powers and duties

A justice of the peace shall have the powers and perform the duties prescribed by law.

§ 22-113 Seal

A. Each justice of the peace shall have an official seal, which shall contain the words "justice of the peace" and the name of the county in which the justice precinct is located. The seal shall be used to authenticate official documents issued and acknowledgments taken by the justice of the peace.

B. A digital seal may be used as an official seal.

§ 22-114 Authority to act in other precincts within the county or adjoining precincts; expenses

A. In the absence, illness or inability to act or on the request of the justice of the other precinct, each justice of the peace within a county may preside in any other precinct within the county or in any precinct adjoining the precinct regardless of the county in which the adjoining precinct is located.

B. The expense of travel to perform the duties of another justice of the peace outside the precinct for which the justice of the peace is elected is a county charge to be paid by the county in which the justice of the peace renders the service.

C. On request of a justice of another precinct, for any court proceeding other than a trial and if no witnesses are involved, a justice of one precinct may perform for and on behalf of the justice of the other precinct without being physically present within the precinct of the other justice of the peace. In these cases no travel expense shall be paid.

D. If two or more justice courts are located within the same city, the justice of one precinct may perform for and on behalf of the justice of the other precinct without being physically present within the precinct of the other justice of the peace. In these cases no travel expense shall be paid.

§ 22-115 Jurisdiction of successor in office

A justice of the peace elected or appointed as the successor of a previous justice of the peace has jurisdiction of the actions or proceedings brought or pending before his predecessor in office, and may proceed therein as if they had been brought before him.

§ 22-116 Funds in possession of justice of the peace; deposit with county treasurer; payment to claimants; disposition of unclaimed funds

A. On or before April 1 each year, every justice of the peace whose court is in possession of funds obtained from any source for more than two years shall pay the funds to the county treasurer and shall provide the treasurer with an itemized list showing the name of the person depositing the money with the justice, whether the money was a victim restitution payment, the date of the deposit and the amount.

B. The treasurer shall deposit the money in an account known as the suspension account, and at any time within one year from deposit of the funds the amount owing any person shall be returned and paid to the person on warrant issued by the board of supervisors. The board of supervisors shall require strict proof that the money should be repaid to the person claiming it, and the warrant, if issued, shall be paid from the suspension fund.

C. One year after deposit of the money with the county treasurer, the county treasurer shall transfer all unclaimed victim restitution payment monies in the suspension account to the state treasurer for deposit in the victim compensation and assistance fund established by section 41-2407 and deposit all money remaining in the suspension account for which no claim has been filed in the general fund of the county.

§ 22-117 Payment of compensation and expenses

A. Justices of the peace shall be allowed by the board of supervisors, as a county charge, the following:

Space.
Equipment.
Supplies.

B. In a county with a population of less than one million five hundred thousand persons, the state shall pay forty percent of the compensation and employee-related expenditures of a justice of the peace, and the county shall pay sixty percent of the compensation and employee-related expenditures of a justice of the peace, except that the county shall pay the full amount of the employer contribution of the state retirement system or plan or any county health plan.

C. If a county is subject to subsection B of this section, the state treasurer shall remit the compensation and employee-related expenditures payable by the state to the county treasurer, and the county shall disburse the monies to the justice of the peace.

D. In a county with a population of one million five hundred thousand persons or more, the county shall pay one hundred percent of the compensation and employee-related expenditures of a justice of the peace.

E. If a county is subject to subsection D of this section, the following apply:

The county's contribution to the hospitalization and medical care of the indigent sick and for the administrative costs of implementing sections 36-2901.01 and 36-2901.04 shall be reduced pursuant to section 11-292, subsection R in an amount that is equal to the difference between the total costs that the county paid pursuant to subsection D of this section and the amount that the county would have paid if the county were subject to subsection B of this section.
Pursuant to section 41-563, subsection D, the economic estimates commission shall increase the county's base expenditure limit in an amount that is equal to the difference between the total costs that the county paid pursuant to subsection D of this section and the amount that the county would have paid if the county were subject to subsection B of this section.

F. The total amount that may be expended in any fiscal year by the state treasurer for justice of the peace compensation and employee related expenditures reimbursement shall not exceed the amount appropriated in the general appropriation act for this purpose, together with additional amounts appropriated by any special legislative appropriation for justices of the peace.

§ 22-118 Failure to disburse fines or forfeitures received; classification

A justice of the peace who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law within thirty days after the receipt thereof, is guilty of a class 2 misdemeanor.

§ 22-119 Purchase of judgment; violation; classification

A justice of the peace who knowingly purchases or offers directly or indirectly to purchase any judgment or part of a judgment is guilty of a class 2 misdemeanor.

§ 22-120 Forfeiture of and disqualification from office on conviction of certain crimes

In addition to the punishment prescribed by the crime, a justice of the peace who is convicted of any of the following crimes shall forfeit the office and is forever disqualified from holding any office in this state:

Asking, receiving or agreeing to receive a bribe on an agreement or understanding that the justice's vote, opinion or decision on any matter or question that is or may be brought before the justice for decision shall be influenced thereby.
Asking or receiving any emolument, gratuity or reward or any promise thereof, except as authorized by law, for doing any official act.
Purchasing or holding an interest in the purchase of any judgment or part of a judgment.

§ 22-121 Justices of the peace pro tempore; appointment; term; reappointment; extension of duties; powers and duties

A. The presiding judge of the superior court in a county may appoint a justice of the peace pro tempore for any precinct of that county where needed in the manner provided by this article and subject to the approval of the board of supervisors.

B. The presiding judge may appoint a justice of the peace pro tempore for any period of time not to exceed twelve months for any one term. The presiding judge may reappoint a person who was previously appointed as a justice of the peace pro tempore. The presiding judge may at any time terminate the term of the justice of the peace pro tempore.

C. The judicial powers and duties of the justice of the peace pro tempore shall be the same as a duly elected justice of the peace and shall extend beyond the period of the justice of the peace pro tempore's appointment for the purpose of hearing and determining any proceeding necessary for a final determination of a cause heard by the justice in whole or in part during the period of the justice's appointment.

§ 22-122 Qualifications of justices of the peace pro tempore; residence; compensation

A. A justice of the peace pro tempore shall be:

Of good moral character.
A qualified elector and resident of this state for not less than one year next preceding his appointment.

B. A justice of the peace pro tempore may be appointed to serve in any precinct or county.

C. Notwithstanding any other law or rule, a person who is not admitted to the practice of law may be appointed to serve as a justice of the peace pro tempore.

D. A justice of the peace pro tempore is entitled to receive compensation as determined for an elected justice of the peace for the precinct where the justice of the peace pro tempore is assigned to serve. A justice of the peace pro tempore may agree in advance to donate any or all of the justice of the peace pro tempore's services.

§ 22-123 Payment of salaries and other expenses; providing facilities; judicial employees

The salary of the justice of the peace pro tempore shall be paid by the county wherein the justice of the peace pro tempore is assigned and all expenses for facilities, judicial employees and supplies shall be paid by the county.

§ 22-124 Custody of records filed; purging; destruction

A. The justice of the peace shall maintain and dispose of all documents that are filed with the court pursuant to rules prescribed by the supreme court.

B. The justice of the peace or the justice's designee shall notify the director of the Arizona state library, archives and public records of records designated for destruction pursuant to court rules. The state library shall have the opportunity in a time prescribed by court rule to review and inspect these records. During this time period, the state library may remove any of these records for storage and retrieval.

C. Subsection B of this section does not apply if the director of the Arizona state library, archives and public records has previously approved the destruction of records.

§ 22-125 Justice of the peace compensation; judicial productivity credits; annual report; definitions

A. The annual salary of each justice of the peace is determined by the total judicial productivity credits of each court as reported in statistics compiled by the Arizona supreme court.

B. Judicial productivity credits shall be determined according to the following formula:

All civil filings divided by ten equals __________ judicial productivity credits.
All felony counts filed divided by ten equals __________ judicial productivity credits.
Except for counts described in paragraph 4 of this subsection, all misdemeanor counts filed divided by ten equals __________ judicial productivity credits.
All counts filed that allege a violation of title 5, chapter 3, article 10, title 28, chapter 4, article 3 or section 28-8282 divided by five equals __________ judicial productivity credits.
All civil traffic counts filed divided by sixty equals ___________ judicial productivity credits.
All petitions for a protective order filed divided by five equals ___________ judicial productivity credits.
All civil marijuana counts filed divided by sixty equals ___________ judicial productivity credits.
All petitions to expunge filed pursuant to section 36-2862 divided by sixty equals ___________ judicial productivity credits.

C. Beginning January 1, 2018, the Arizona supreme court shall annually perform the calculations required by subsection B of this section for each justice court for the previous twelve-month period ending on June 30 to determine the total judicial productivity credits. The Arizona supreme court shall report the total judicial productivity credits for each justice court to the applicable board of supervisors within one hundred twenty days after the end of each twelve-month period. Any adjustment to the salary of a justice of the peace is effective on the following January 1.

D. Each justice of the peace shall be paid a percentage of the salary of a superior court judge based on the following schedule:

Five hundred or more judicial productivity credits equals seventy percent.
Two hundred or more but less than five hundred judicial productivity credits equals sixty-five percent.
One hundred fifty or more but less than two hundred judicial productivity credits equals fifty-five percent.
One hundred or more but less than one hundred fifty judicial productivity credits equals fifty percent.
Fifty or more but less than one hundred judicial productivity credits equals forty-five percent.
Twenty-five or more but less than fifty judicial productivity credits equals thirty-five percent.
Twenty-four or fewer judicial productivity credits equals twenty-five percent.

E. If a justice court is not assigned clerical help, the board of supervisors shall multiply the total judicial productivity credits by two for purposes of determining the salary of the justice of the peace.

F. If the board of supervisors divides a justice precinct into two or more precincts, the board shall set the salary of the justice of the peace of each precinct equal to the highest salary of any of the justices of the peace whose precinct is affected by the division. The salary of each justice of the peace shall be adjusted at the end of the first full calendar year after the precincts are divided.

G. The board of supervisors shall review and adjust the annual salary for each justice of the peace within the county pursuant to subsection D of this section every year beginning January 1, 2019.

H. The judicial productivity credits for a justice court precinct shall not exceed twelve hundred credits. If the total judicial productivity credits of a justice court precinct exceed twelve hundred credits, the county board of supervisors shall create sufficient courts, or redraw the justice court precinct boundaries according to section 22-101, in order to reduce the judicial productivity credits for any precinct which exceeds that limit.

I. Except as provided in subsection F of this section, the salary of a justice of the peace may not be reduced during the term in office of the justice of the peace and, if a justice of the peace serves consecutive terms, the salary of the justice of the peace may not be reduced before the start of the consecutive term by more than one tier pursuant to subsection D of this section.

J. A filing against a juvenile is determined in the same manner as a similar filing against an adult.

K. For the purposes of this section:

"Civil filing" means a lawsuit, eviction action, petition for provisional remedy or other civil petition, small claims case or civil local ordinance.
"Civil traffic count" means a traffic violation that is not filed as a misdemeanor or felony.
"Felony" includes each felony count that is filed in a complaint.
"Misdemeanor" includes each misdemeanor and petty offense count that is filed in a complaint or uniform traffic ticket and complaint.
"Protective order" means a petition for an order of protection, an injunction against harassment or workplace harassment or a peace bond.

Article 3 Constables

§ 22-131 Constables; powers and duties; prohibited acts

A. Constables shall attend the courts of justices of the peace within their precincts when required, and within their counties shall execute, serve and return all processes, warrants and notices directed or delivered to them by a justice of the peace of the county or by competent authority. In addition to any other provision of law these duties may be enforced by the presiding judge of the superior court in the county, including the use of the power of contempt.

B. Constables shall attend the training prescribed in section 22-137.

C. Constables, with the consent of and at salaries fixed by the board of supervisors, may appoint deputies who are certified pursuant to section 41-1822, subsection A, paragraph 3, stenographers, clerks and assistants necessary to conduct the affairs of their offices. The appointments shall be in writing.

D. The provisions of law relating to sheriffs, as far as applicable, govern the powers, duties and liabilities of constables.

E. A constable who is duly elected or who is appointed by the board of supervisors has the authority of a peace officer only in the performance of the constable's official duties.

F. A constable may execute, serve and return processes and notices as prescribed in subsection A of this section within any precinct in another county if that precinct adjoins the precinct in which the constable was elected or appointed.

G. A constable is prohibited from engaging in any act as a private process server outside of the constable's elected or appointed duties. A constable shall not own an interest in any entity that operates a private process serving business.

H. An elected or appointed constable may request training from the constable ethics standards and training board. If approved by the board, the training shall be paid for with board monies and provided by a constable who is selected by the board and who has completed the mandatory basic training course prescribed in section 22-137. The constable who is selected to provide the training may provide that training in any county of this state.

§ 22-132 Expenses

Constables shall be allowed by the board of supervisors, as a county charge, the actual and necessary expenses incurred in training as required by section 22-137, pursuing defendants, transacting business relating to civil and criminal matters and serving notices and processes, except that the allowable expenses for service of process in civil actions shall be as provided in section 11-445.

§ 22-133 Failure to disburse fine or forfeiture received; classification

A constable who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law within thirty days after receipt thereof, is guilty of a class 2 misdemeanor.

§ 22-134 Purchase of judgment; violation; classification

A constable who knowingly purchases or offers directly or indirectly to purchase any judgment or part of a judgment is guilty of a class 2 misdemeanor.

§ 22-135 Forfeiture of and disqualification from office on conviction of certain crimes

In addition to the punishment prescribed by the crime, a constable who is convicted of any of the following crimes shall forfeit the office and is forever disqualified from holding office in this state:

Asking, receiving or agreeing to receive a bribe on an agreement or understanding that his vote, opinion or decision on any matter or question that is or may be brought before him for decision shall be influenced thereby.
Asking or receiving any emolument, gratuity or reward or any promise thereof, except as authorized by law, for doing any official act.
Purchasing or holding an interest in the purchase of any judgment or part of a judgment.

§ 22-136 Constable ethics standards and training board

A. A constable ethics standards and training board is established consisting of the following voting members:

One constable who is from a county with a population of less than one million persons and who is appointed by a statewide constables association established prior to January 1, 2010.
One constable who is from a county with a population of one million or more persons and who is appointed by a statewide constables association established prior to January 1, 2010.
One justice of the peace who is appointed by the chief justice of the supreme court.
One county administrator or designee who is appointed by the county supervisors association.
The director of the Arizona peace officer standards and training board or the director's designee.
One member of the public who is appointed by the governor.
One member who is a board member of the Arizona multihousing association at the time of appointment and who is appointed by the governor.

B. The board shall annually elect a chairperson, vice-chairperson and secretary from among its members. The chairperson may establish committees to assist and advise the board in carrying out its responsibilities. A majority of the board constitutes a quorum and a majority vote of the quorum is necessary for the board to take any action.

C. Terms of the board members are four years. If a member ceases to hold the position that qualified the member for the appointment, the member's membership terminates and the appointing authority pursuant to subsection A fills the vacancy for the unexpired term.

D. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

§ 22-137 Constable ethics standards and training board; powers and duties; judicial review; constable training; definition

A. The constable ethics standards and training board shall:

Adopt rules for the administration and conduct of the board, including meeting times, meeting places and matters to be placed on the agenda of each meeting, and for the distribution of monies in the constable ethics standards and training fund pursuant to section 22-138.
Adopt a code of conduct for constables and adopt rules to enforce the code of conduct.
Establish procedures for conducting confidential investigations and holding hearings.
Hear and investigate written complaints from any person involving a constable's ethical conduct.
Remedy a constable's inappropriate behavior by:

(a) Mediating.

(b) Issuing warnings, reprimands or admonishments.

(d) Urging a constable to resign from office.

(e) Placing a constable on probation for up to thirty days, except that after the initial thirty days of probation if the constable is making progress on probation but the constable's behavior is not yet compliant, the board may extend probation in additional thirty-day increments up to a total length of probation of one hundred eighty days.

(f) Recommending to the board of supervisors that a constable who has previously been placed on probation be suspended from performing the constable's duties without pay for any specified length of time not to exceed the remainder of the constable's term.

Adopt a standardized daily activity log for constables that is approved by the director of the Arizona peace officer standards and training board and that complies with section 11-445, subsections I and J.

B. The board may:

Employ an executive director and other staff necessary to fulfill the powers and duties of the board.
Enter into contracts and interagency agreements to carry out its powers and duties.
Certify organizations to provide training and support programs for constables.
Provide support grants to constables for local or statewide training programs.
Take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses, including constables, and the production of books, papers, records, documents and other information relating to any investigation or hearing.

C. If the board determines that a constable has committed a criminal act, the board shall refer the investigation to the county attorney's office in the county in which the conduct at issue occurred. The board shall submit the investigation's findings to the county attorney. If the county attorney determines that a crime has not occurred or does not file a criminal complaint against the constable, the board shall adjudicate the complaint pursuant to subsection A, paragraph 5 of this section.

D. A constable may seek judicial review of a final order that is issued by the board of supervisors suspending the constable in the superior court in the county in which the constable is elected or appointed. Judicial review shall be conducted pursuant to title 12, chapter 7, article 6. Judicial review must be commenced pursuant to section 12-904.

E. The Arizona peace officer standards and training board shall approve a mandatory basic training course for newly elected constables covering topics including civil and criminal process, conflict resolution and firearm safety. Constables must attend the mandatory training course within six months after election. In subsequent years, constables must annually attend at least sixteen hours of additional training approved by the Arizona peace officer standards and training board. The constable ethics standards and training board may approve additional training courses for constables. The constable ethics standards and training fund established by section 22-138 may be used for constable training. Copies of certificates of completion of the constable training shall be forwarded to the constable ethics standards and training board within thirty days after completion.

F. This section does not:

Create a cause of action or a right to bring an action against the board.
Preclude a prosecuting agency from filing charges against a constable.

G. The board of supervisors may accept or modify a recommendation to suspend a constable from performing the constable's duties without pay pursuant to subsection A, paragraph 5 of this section. The board of supervisor's determination is final unless a constable seeks judicial review pursuant to subsection D of this section.

H. For the purposes of this section, "constable" includes a deputy constable who is appointed, employed or authorized by the county board of supervisors.

§ 22-138 Constable ethics standards and training fund; budget

A. A constable ethics standards and training fund is established consisting of monies received from writ fees collected pursuant to section 11-445, subsection A, paragraph 17. The constable ethics standards and training board shall administer the fund. On notice from the board, the state treasurer shall invest and divest monies in the fund pursuant to section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are continuously appropriated to the board for the purposes of this section.

B. The constable ethics standards and training board shall use:

Eighty per cent of the monies appropriated from the fund for constable training, equipment and related grants.
Twenty per cent of the monies appropriated from the fund for operating expenses of the board.

C. On or before July 1 of each year, the board shall adopt a budget. The budget is effective on the approval of the board.

Chapter 2 Civil Proceedings in Justice Courts

Article 1 Jurisdiction and Venue

§ 22-201 Jurisdiction of civil actions

A. Justices of the peace have jurisdiction only as affirmatively conferred on them by law.

B. Justices of the peace have exclusive original jurisdiction of all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less.

C. Justices of the peace have jurisdiction concurrent with the superior court in cases of forcible entry and detainer when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less.

D. Justices of the peace have jurisdiction to try the right to possession of real property when title or ownership is not a subject of inquiry in the action. If in any such action the title or ownership of real property becomes an issue, the justice shall so certify in the court record, at once stop further proceedings in the action and forward all papers, together with a certified copy of the court record in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court.

E. In a county with a population of more than two million persons, the justice of the peace of each justice precinct shall have original jurisdiction to hear the following actions that occur in the respective precinct in which the justice of the peace is elected:

Civil actions pursuant to subsections B and C of this section.
Small claims pursuant to chapter 5 of this title.
Civil traffic offenses unless a civil traffic offense is filed in a municipal court by a municipal officer or agent or by an officer employed by a law enforcement agency under contract to that municipality to provide law enforcement services.
Special detainers and forcible detainers pursuant to title 33, chapters 11 and 19 and forcible detainers pursuant to title 33, chapter 3 if the amount of rent requested is ten thousand dollars or less.

F. In actions between landlord and tenant for possession of leased premises, the title to the property leased shall not be raised nor made an issue.

G. If in any action before a justice of the peace a party files a verified pleading that states as a counterclaim a claim in which the amount involved, exclusive of interest and costs, is more than ten thousand dollars, the justice of the peace shall certify this in the court record, at once stop further proceedings in the action and forward all papers, together with a certified copy of the court record in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court. The party shall pay to the clerk of the superior court the same fees required to be paid by a defendant, and no other party in the action before the justice of the peace shall be required to pay any sum. If the party is finally adjudged to be entitled to recover on the counterclaim, exclusive of interest and costs, ten thousand dollars or less, the superior court may deny costs to the party and, in addition, may impose costs, including reasonable attorney fees, on the party. The superior court shall have original jurisdiction of the action, but at any time in furtherance of convenience or to avoid prejudice, or if it appears that the amount involved in the counterclaim, exclusive of interest and costs, is ten thousand dollars or less, it may remand the action, or any claim or counterclaim of which the justice court has jurisdiction, to the justice court and may order costs.

H. The justice of the peace may require arbitration or other dispute resolution methods that are approved by the supreme court in all civil actions except eviction actions.

§ 22-202 Venue of civil actions

A. A person shall not be sued outside of the justice precinct where the person resides, except:

If a defendant or all of several defendants reside outside the state or when their residence is unknown, the action may be brought in the justice precinct where the plaintiff resides.
A married person may be sued in the justice precinct where the person's spouse resides unless the spouse is living separate and apart from the defendant.
Transient persons may be sued in any justice precinct in which found.
Persons who have contracted a debt or obligation in one justice precinct and thereafter move to another precinct may be sued in either precinct.
Persons who have contracted in writing to perform an obligation in one justice precinct may be sued in that precinct or where the persons reside.
If there are several defendants residing in different justice precincts, an action may be brought in the justice precinct where any of the defendants reside.

B. Actions filed in justice court against a person who is alleged to have committed a civil traffic violation shall be brought in any precinct in which the violation is alleged to have occurred.

§ 22-203 Venue when justice is unable to act

If the justice of the peace of the precinct in which the case is filed is absent or for any reason is unable to act, the case may be heard in any precinct within the same county that is designated by the justice of the peace or in the absence of the justice of the peace in any precinct designated by the presiding justice of the peace. If there is not a presiding justice of the peace or if the presiding justice of the peace is absent or unable to act, the case may be heard in any precinct that is within the same county and that is designated by the presiding judge of the superior court. If a change of venue occurs pursuant to this section, a precinct with close geographic proximity to the precinct of origin shall be given preference.

§ 22-204 Change of venue; grounds

A. If either party in an action pending in a justice court, after the answer has been filed, files an affidavit in the action alleging any of the grounds specified in subsection B of this section and gives five days' notice to the opposite party, the venue may be changed as provided by law.

B. Grounds that may be alleged for change of venue are:

There exists in the precinct where the action is pending so great a prejudice against the party requesting a change of venue that the party cannot obtain a fair and impartial trial.
The convenience of witnesses and the ends of justice would be promoted by the change.
The court determines that there is other good and sufficient cause.

C. The court shall determine the truth and sufficiency of the grounds, but a decision refusing the change of venue is appealable as part of an appeal from a final judgment.

D. A justice of the peace may transfer the action for trial to another justice court precinct on written consent of the parties and the justice of the peace receiving the action.

§ 22-205 Procedure when justice disqualified; order and transmittal of papers

A. If a justice of the peace is disqualified in a civil action the justice of the peace shall transfer the action to a justice court in the same county that is nearest by the ordinary route of travel.

B. The order of transfer shall state the reason for the transfer and the name of the justice court to which the transfer is made, and shall require the parties and witnesses to appear before the justice court named in the order, not less than two nor more than five days after its date.

C. The justice of the peace who made the order shall immediately make a certified transcript of all entries on the court record and of the costs in the action, and transmit it with all pleadings in the action to the justice to which the action is transferred.

§ 22-206 Virtual appearance; detainer actions

Notwithstanding any other law, in a special detainer or forcible detainer proceeding before the court, any party, including an attorney or witness upon written notice to the court, shall be permitted to participate at the initial appearance remotely by using a telephone or video conference connection. If the court continues a contested matter to a later date, at the discretion of the court, the court may require all parties, attorneys and witnesses to participate in person.

Article 2 Pleadings and Procedure

§ 22-211 Procedure and practice

The law governing procedure and practice in the superior court so far as applicable and when not otherwise specially prescribed, shall govern procedure and practice in justice courts.

§ 22-212 Civil court record

Each justice of the peace shall keep a civil court record. The court record shall include the following:

The title of actions commenced before the justice of the peace.
The date when the first process was issued against the defendant, when returnable and the nature thereof.
The date when the parties, or either of them, appeared before the justice of the peace, either with or without summons.
A brief statement of the nature of the plaintiff's demand or claim, or the amount claimed, and the nature of the defense made by the defendant.
Every adjournment, stating at whose request it was granted and to what time.
The date when the trial was had, and whether by jury or by the justice of the peace.
The verdict of the jury.
The judgment and the date of giving the judgment.
All applications for setting aside judgment or granting a new trial, the order thereon and the date.
The date of issuing execution, to whom directed and delivered, and the amount of debt, damages and costs. When an execution is returned, the return thereof and a statement of the manner in which it was executed.
All stays and appeals and the date when taken, the amount of the bond and the names of the sureties.
The account of costs.

§ 22-215 Oral pleadings

The pleadings in the justice court may be oral, except as otherwise provided by law.

§ 22-216 Allegations required to be made by written and signed pleading

A. An answer or other pleading made in a justice court that alleges any of the following matters shall be in writing and signed:

That the action is not commenced in the proper county or precinct.
That the plaintiff has no legal capacity to sue.
That the plaintiff is not entitled to recover in the capacity in which the plaintiff sues.
That there is another action pending in this state between the same parties for the same cause of action or counterclaim.
That there is a defect of parties, plaintiff or defendant.
That the plaintiffs or defendants, suing or sued as partners, are not partners as alleged.
That the plaintiff or defendant, suing or sued as a corporation, is not a corporation as alleged.
That a written instrument purporting to be signed by a party and relied on by the other party, was not executed by the first party or by the first party's authority.
That the endorsement or assignment of a written instrument pleaded by the adverse party was not executed by the party by whom it purports to have been executed or by that party's authority.
That a written instrument pleaded by the adverse party is without consideration or that the consideration has failed in whole or in part.
That an account pleaded by the adverse party and verified by affidavit is not just, and in such case the answer shall set forth the items and particulars that are unjust.

B. In an action to foreclose a mortgage or enforce a lien on personal property the pleadings shall be in writing.

§ 22-217 Subpoena for attendance of witnesses; issuance; service

A. A justice of the peace shall at the request of a party to an action pending in his court issue a subpoena for any witness represented to reside within the county or to be found therein at the time of trial.

B. The form, issuance and service of the subpoena shall be as provided in the superior court, except as to the designation of the court from which it is issued and made returnable.

§ 22-219 Confession of judgment without issuance or service of process

A. A party may appear in person or by an agent or attorney before a justice of the peace without issuance or service of process and confess judgment for an amount within the jurisdiction of the justice of the peace, and such judgment shall be entered thereon on the filing by the plaintiff or the plaintiff's agent or attorney of an affidavit of the justness of plaintiff's claim.

B. If the judgment is confessed by an agent or attorney, the warrant of the agent or attorney authorizing the confession shall be filed with the justice and noted in the court record.

§ 22-220 Appearance of defendant; demand or waiver of jury; time of trial; charging the jury

A. When a defendant appears the defendant's appearance shall be noted in the court record.

B. Either party may demand a jury before trial, and if not then demanded, trial by jury shall be deemed waived. This subsection does not apply to civil traffic violations for which citations are issued under title 28.

C. When a jury is demanded, the trial may be postponed until a jury is assembled.

D. Except as otherwise provided by law, the justice of the peace shall charge the jury in all civil actions.

§ 22-223 Forming jury; challenges

A. At the time appointed for the trial, the justice of the peace shall call the names of the jurors summoned. If a sufficient number of qualified jurors do not attend, the trial shall be postponed.

B. Either party may challenge any juror either for cause or peremptorily.

§ 22-224 Oath of jury

When the jury has been selected, the justice of the peace shall administer to it substantially the following oath: "Do you swear or affirm that you will give careful attention to the proceedings, abide by the court's instructions and render a verdict in accordance with the law and evidence presented to you, so help you God".

Article 3 Judgments and Executions

§ 22-241 Announcement and recording of verdict or decision

When a verdict is returned by a jury the justice of the peace shall announce the verdict in open court, note it in the court record and give judgment on the verdict. When the action has been tried without a jury, the justice of the peace shall announce the decision in open court, note it in the court record and give judgment on the decision.

§ 22-242 Recording judgment

The judgment shall be signed by the justice of the peace and then be recorded at length in the court record. The judgment shall clearly state the determination of the rights of the parties, who shall pay the costs, and shall direct issuance of such process as necessary to carry the judgment into execution.

§ 22-243 Judgment in replevin

Where judgment is for the recovery of specific articles, their value shall be separately found by the verdict or decision and the judgment shall be that plaintiff recover the specific articles if they can be found, and if not, then their value as assessed with interest thereon at the legal rate from the date of the judgment.

§ 22-244 Writ of execution

A. The judgment of a justice of the peace shall be enforced by execution or other appropriate process.

B. The execution or process shall describe the judgment and command the sheriff or constable to execute it according to its terms, whether the judgment is to make a sum of money, or to deliver personal property or possession of real property, or to do some other thing.

C. The execution or process shall be returnable in sixty days.

§ 22-245 Certificate required with writ of execution sent to another county

A. Where an execution is sent to a county other than that in which judgment was given, it shall be accompanied by a certificate of the clerk of the superior court, under seal, that the officer issuing the execution is an acting justice of the peace in the county where the judgment was given.

B. The cost of the certificate shall be collected as part of the cost of executing the writ.

§ 22-246 Levy upon real property; limitation and procedure

No real property or any interest therein shall be levied upon or sold by virtue of any judgment given by a justice of the peace unless a certified transcript of the judgment is first filed in the office of the clerk of the superior court of the county where the judgment was given and entered by the clerk on the appropriate book kept by him. Execution on the judgment shall be issued by the clerk of the superior court.

§ 22-247 Satisfaction of judgment; filing procedures; hearing; bond

A. The prevailing party shall file a satisfaction of judgment in the justice court within forty days after a judgment has been paid in full.

B. If the prevailing party fails to file a satisfaction of judgment or cannot be located after the opposing party has exercised due diligence in attempting to locate the prevailing party, the opposing party may file a motion to compel satisfaction of the judgment. The opposing party shall include with the motion to compel satisfaction of the judgment an affidavit that evidences proof of payment and, if necessary, the due diligence that was performed in attempting to locate the prevailing party. If the motion is granted, the judgment is deemed satisfied.

C. A justice of the peace may hold a hearing on the motion to compel satisfaction of the judgment.

D. A justice of the peace may compel the moving party to post a bond with the justice court in the amount of the judgment.

Article 4 Appeals

§ 22-261 Judgments that may be appealed

A. Any party to a final judgment of a justice court may appeal to the superior court.

B. The party aggrieved by a judgment in any action in which the validity of a tax, impost, assessment, toll or state statute is involved may appeal to the superior court without regard to the amount in controversy.

C. Unless the court did not find that the moving party established prima facie proof as prescribed in section 12-751, subsection B, the party aggrieved by an order granting or denying a motion to dismiss or quash pursuant to section 12-751 may file an appeal to the superior court. The superior court shall expedite any appeal filed pursuant to this subsection unless the court for good cause finds that expedited review is not feasible under the circumstances or a court rule specifically provides otherwise.

D. An appeal shall be on the record of the proceedings if such record includes a transcript of the proceedings. De novo trials shall be granted only when the transcript of the proceedings in the superior court's evaluation is insufficient or in such a condition that the court cannot properly consider the appeal. A trial de novo shall not be granted when a party had the opportunity to request that a transcript of the lower court proceedings be made and failed to do so. At the beginning of each proceeding the judge shall advise the parties that their right to appeal is dependent on their requesting that a record be made of the justice court proceedings. Any party to an action may request that the proceedings be recorded for appeal purposes. The cost of recording trial proceedings is the responsibility of the court. The cost of preparing a transcript, if appealed, is the responsibility of the party appealing the case. The supreme court shall establish by rule the methods of recording trial proceedings for record appeals to the superior court, including electronic recording devices or manual transcription.

§ 22-262 Appeals procedure

The procedure for appeals from a justice court to the superior court shall be as provided by rules adopted by the supreme court.

§ 22-263 Defective bond

No appeal shall be dismissed or judgment affirmed by reason of any defect, informality or insufficiency of the appeal bond, if appellant, within such time and upon such terms as the court orders, files a legal and sufficient bond.

§ 22-264 Transmittal of court record and papers

A. When an appeal is taken the justice of the peace shall make a certified copy of all court record documents, exhibits and other objects filed with the court and transmit them, together with a certified copy of the bill of costs, to the clerk of the superior court. The record of the proceedings shall be certified by the justice of the peace or as stipulated by the parties.

B. The superior court may order the justice of the peace, on motion and cause shown, to transmit the items that are listed in subsection A of this section, and may fine the justice of the peace for neglect or refusal to transmit those items within the time ordered.

C. The copy of the court record documents, exhibits and other objects filed with the court shall be transmitted to the clerk of the superior court within ten days after filing the bond on appeal. If not transmitted within that time, the appellee may file in the superior court an affidavit stating:

The entry of judgment in the justice court and the date and amount thereof.
That notice of appeal was given.
That an appeal bond was filed, giving the names of the sureties and the amount of the bond.

D. On filing the affidavit as provided in subsection C, appellee may move the superior court to affirm the judgment, and the court, unless good cause is shown why the record was not transmitted, shall affirm the judgment and render judgment against appellant and the sureties on the appeal bond for the amount of the judgment in the justice court.

E. If good cause is shown the court may extend the time for transmitting the record on appeal on such terms as it deems proper.

§ 22-265 Notice to appellant for payment of fees

Upon receipt of the transcript or papers on appeal from the justice court, the clerk of the superior court shall notify appellant that the transcript or papers will be filed upon payment of the amount provided in section 22-283, and unless paid within fifteen days after giving the notice, the appeal shall be deemed abandoned, and the transcript and papers shall be returned to the justice of the peace, and the judgment may be enforced as if no appeal had been taken.

Article 5 Fees and Costs

§ 22-281 Fees and deposits

A. Justices of the peace shall receive fees established and classified as follows in civil actions:

Class Description Fee

A Initial case filing fee

Civil filing fees $ 73.00

B Subsequent case filing fee

Civil filing fees — defendant $ 40.00

C Initial case filing fee

Forcible entry and detainer filings $ 35.00

Small claims filing 25.00

D Subsequent case filing fee

Small claims answer $ 15.00

E Minimum clerk fee

Document and transcript transfer on appeal $ 28.00

Certification of any documents 28.00

Issuance of writs 28.00

Filing any paper or performing any act

for which a fee is not specifically

prescribed 28.00

Subpoena (civil) 28.00

Research in locating a document 28.00

Seal a court file 28.00

Reopen a sealed court file 28.00

Record duplication 28.00

F Per page fee

Copies of any documents per page $ 0.50

G Special fees

Small claims service by mail $ 8.00

B. This section does not deprive the parties to the action of the privilege of depositing amounts with the justice, in addition to those set forth in this section, for use in connection with the payment of constable's and sheriff's fees for service of process, levying of writs and other services for which fees are otherwise provided by law.

C. Excluding the monies that are kept by the court pursuant to subsection D of this section, justices of the peace shall transmit monthly to the county treasurer all monies collected pursuant to subsection A of this section. The county treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows:

To the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113, in the following percentages:

(a) 14.80 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 16.23 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

To the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135, in the following percentages:

(a) 1.69 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 1.89 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

To the elected officials' retirement plan fund established by section 38-802, either of the following percentages, which shall be distributed to the fund pursuant to section 38-810:

(a) 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

To the county general fund, in the following percentages:

(a) 49.95 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.

(b) 55.51 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.

6.00 percent to the elected officials' retirement plan fund established by section 38-802 for the purpose of funding a portion of the employers' contributions required pursuant to section 38-810.

D. In counties with a population of more than five hundred thousand persons, 5.65 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B.

E. In counties with a population of five hundred thousand persons or less, 6.28 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the $7 of the time payment fee prescribed by section 12-116, subsection B.

F. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.

§ 22-283 Costs on appeal

The appellant in a civil action appealed to the superior court from a justice court shall pay to the clerk of the superior court the fee of a plaintiff as provided in section 12-284 at the time of filing the transcript and papers on appeal. The appellee shall within twenty days after filing of the transcript or papers on appeal pay to the clerk the fee of a defendant as provided in section 12-284.

§ 22-284 Electronic filing and access; fee; county judicial collection enhancement fund

A. The presiding judge of the superior court may provide for the electronic filing of documents and electronic access to justice court records, pursuant to rules adopted by the supreme court.

B. The presiding judge may impose a fee of not more than one hundred dollars per year for an annual on-line access subscription plus a fee of not more than two dollars per minute for on-line access to justice court records. The justice court shall collect the fees and transmit them to the county treasurer who shall account for them separately. The justice court shall spend monies collected by the justice court and deposited with the county treasurer pursuant to this section to improve access to justice court records, subject to the approval of the presiding judge of the superior court.

C. The county treasurer shall invest monies deposited pursuant to this section. Interest earned on these monies shall be deposited with the fee monies that are deposited pursuant to this section.

D. The monies deposited in the county treasury pursuant to this section shall be continually available for purposes consistent with the purposes of this section.

E. Monies deposited pursuant to this section shall supplement monies already provided to courts for purposes consistent with the purposes of this section.

F. All filings made electronically pursuant to this section are subject to the fees established pursuant to section 22-281.

Chapter 3 Criminal Proceedings in Justice Courts

Article 1 Jurisdiction and Venue

§ 22-301 Jurisdiction of criminal actions

A. The justice courts shall have jurisdiction of the following offenses committed within their respective precincts:

Misdemeanors and criminal offenses punishable by a fine of not more than $2,500, or imprisonment in the county jail for not more than six months, or by both a fine and imprisonment. Any penalty or other added assessments levied shall not be considered as part of the fine for purposes of determining jurisdiction. The amount of restitution, time payment fees or incarceration costs shall not be considered as part of the fine for purposes of determining jurisdiction.
Felonies, but only for the purpose of commencing action and conducting proceedings through preliminary examinations and holding the defendant to answer to the superior court or to discharge the defendant if it appears that there is not probable cause to believe the defendant is guilty of an offense.

B. In a county with a population of more than two million persons, the justice of the peace of each justice precinct shall have original jurisdiction to hear misdemeanor offenses as set forth in subsection A, paragraph 1 of this section that occur within the respective precinct in which the justice of the peace is elected unless either of the following applies:

The offense is filed by a municipal officer or agent in a municipal court.
The offense is consolidated with a felony offense in the complaint, information or indictment.

C. For the purposes of subsection A or B of this section, an offense is committed within the precinct of a justice court if conduct constituting any element of the offense or a result of the conduct occurs:

Within the precinct.
Within a county park that includes a body of water located in two counties if one county has a population of more than three million persons and one county has a population of more than two hundred thousand persons but less than three hundred thousand persons and the precinct includes some part of the county park.

D. If a uniform traffic ticket and complaint is filed in the incorrect precinct and that precinct is on the boundary of the precinct where the offense occurred, the case may be transferred to the correct precinct if both precincts are in the same county. This subsection does not affect the applicability of section 13-109.

§ 22-302 Venue when justice unable to act

If the justice of the peace of the precinct in which the crime is alleged to have been committed is absent therefrom, or for any reason is unable to act, the prosecution may be commenced in any precinct within the county designated by the justice of the peace or in the absence of the justice of the peace in any precinct designated by the presiding judge of the superior court.

§ 22-303 Change of venue; grounds

A. If either party in an action pending in a justice court, after the complaint has been filed, files an affidavit in the action alleging any of the grounds specified in subsection B of this section and gives five days' notice to the opposite party, the venue may be changed as provided by law.

B. Grounds that may be alleged for change of venue are:

There exists in the precinct where the action is pending so great a prejudice against the party requesting a change of venue that the party cannot obtain a fair and impartial trial.
The convenience of witnesses and the ends of justice would be promoted by the change.
The court determines that there is other good and sufficient cause.

C. The court shall determine the truth and sufficiency of the grounds, but a decision refusing the change of venue is appealable.

§ 22-304 Transmittal of papers upon change of venue; trial

When a change of the place of trial is ordered, the justice of the peace shall transmit to the justice of the peace before whom the trial is to be had all original papers in the proceeding or action, with a certified copy of the minutes of his proceedings. Upon receipt thereof, the justice of the peace to whom they are delivered shall proceed with the trial as if the proceeding or action had been originally commenced in his court.

Article 2 Trial and Pre-Trial Procedure

§ 22-311 Commencement of action; arrest or summons; examination of witnesses

A. All proceedings and actions before justice courts for public offenses of which such courts have jurisdiction shall be commenced by complaint, under oath, setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint.

B. If the justice of the peace is satisfied that the offense complained of was committed by the person charged, the justice shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint the justice may subpoena and examine witnesses as to the truth of the complaint.

§ 22-312 Criminal court record

A justice of the peace shall keep a criminal court record and shall enter each action and proceeding of the court in the court record.

§ 22-313 Procedure

The rules of criminal procedure for the superior court shall apply to justice courts so far as applicable and when not otherwise prescribed.

§ 22-314 Bail; preparation of schedule; collection; civil deposits

A. The defendant, at any time after arrest and before conviction, shall be eligible for bail, subject to section 13-3961 and any applicable rules adopted by the supreme court.

B. The justice of the peace shall:

Prepare or adopt for use a schedule of traffic violations not involving the death of a person or any felony traffic offense, listing specific bail for each violation.
Permit the collection of bail, or acceptance of proper bond in lieu of bail, in accordance with the foregoing schedule and collect that bail, for and on behalf of the court.

C. The justice of the peace shall prepare or adopt for use a schedule of civil traffic violations, listing a specific deposit for each violation. The justice of the peace shall ensure that proper deposits for civil traffic violations are accepted for and on behalf of the court.

§ 22-317 Plea of not guilty

Upon a plea other than a plea of guilty, if no party demands a trial by jury, and a postponement or change of venue is not granted, the court shall proceed to try the action.

§ 22-320 Trial by jury

A trial by jury shall be had if demanded by either the state or defendant if otherwise authorized by law.

§ 22-321 Challenges to jury and jurors

A. The challenges taken by either party to the panel of jurors or to any individual juror shall be as on trials in the superior court.

B. The challenge shall in all cases be tried by the court.

§ 22-322 Oath of jury

§ 22-323 Trial before jury; charging jury on facts prohibited

A. After the jury is sworn, it shall hear the proceedings which shall be in public and in the presence of defendant.

B. The court shall decide all questions of law which arise in the course of the trial, but shall not charge the jury with respect to matters of fact.

§ 22-324 Verdict of jury; officer in charge of jury during deliberation

A. After hearing the evidence of the offense of which defendant is charged, the jury may give its verdict in court or may retire for consideration.

B. If the jury does not immediately agree, an officer shall be sworn to take charge of the jury as in trials of criminal actions in the superior court.

§ 22-325 Verdict; entry; several defendants; partial verdict

A. The verdict of the jury shall be either "guilty" or "not guilty."

B. When the jury has agreed on its verdict, it shall deliver the verdict publicly to the court who shall enter or cause it to be entered in the minutes.

C. When several defendants are tried together, if the jury cannot agree upon a verdict as to all defendants, it may render a verdict as to those in regard to whom it does agree, on which a judgment shall be entered accordingly, and the action as to the other defendants may be tried by another jury.

§ 22-326 Discharge of jury; retrial of action

The jury shall not be discharged after the action is submitted to it until it has agreed upon and rendered its verdict, unless for good cause the court sooner discharges it. If the jury is discharged, the court may proceed again to the trial, in the same manner as upon the first trial, until a verdict is rendered.

§ 22-327 Acquittal; discharge of defendant; payment of costs by complainant when prosecution malicious

A. When defendant is acquitted either by the court or the jury, he shall be immediately discharged.

B. If the court certifies in the minutes that the prosecution was malicious or without probable cause, it may order the complainant to pay the costs of the action, or to give satisfactory security by a written undertaking, with one or more sureties, to pay the costs within thirty days after the trial. If the complainant does not pay the costs or give the security, the court may enter judgment against him for the amount thereof, which may be enforced as a judgment in a civil action.

Article 4 Judgment and Sentence

§ 22-352 Judgment; imprisonment for fine; limitation; lien

A. When the defendant pleads guilty or is convicted either by the court or by a jury, the court shall pronounce judgment on the plea or verdict. A sentence of a fine or imprisonment, or both, as the case may be, may be pronounced on the judgment.

B. If the court sentences the defendant to pay a fine and the defendant fails to comply with the order, the court, after a hearing, may order that the defendant receive credit toward payment of the fine for jail time served in an amount that is determined by the judge for each one day of imprisonment. The sentence shall not extend beyond the term of imprisonment for which the defendant might be sentenced for the offense of which the defendant has been found guilty.

C. A sentence that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.

§ 22-353 Sentence of fine only; discharge of defendant

If the sentence imposes a fine only, without imprisonment for nonpayment, and the defendant is not detained for any other legal cause, he shall be discharged as soon as the sentence is pronounced.

§ 22-354 Sentence to pay fine; custody and release of defendant

A. When a sentence is pronounced imposing a fine and ordering defendant imprisoned until the fine is paid, he shall be held in custody during the time specified in the sentence unless the fine is sooner paid.

B. Upon payment of the fine or completion of the time specified in the sentence of imprisonment, the officer having custody of defendant shall discharge him if he is not detained for any other legal cause.

C. The court shall enter on its records the discharges and the reason therefor.

§ 22-355 Sentence of imprisonment; authority to enforce

When a sentence of imprisonment is recorded, it shall state the date imprisonment is to begin, and a certified copy of the sentence shall be delivered to the sheriff, marshal or other officer, and shall be a sufficient warrant for execution of the sentence.

Article 5 Appeals

§ 22-371 Right of appeal; procedure for taking appeal; transcript

A. The defendant in a criminal action may appeal to the superior court from the final judgment of a justice or municipal court.

B. The procedure for appeals from a justice or municipal court to the superior court shall be as provided by rules adopted by the supreme court.

C. In a trial in a justice or municipal court, a transcript of the proceedings may be ordered in the sole discretion of the superior court.

D. A defendant may not appeal from a judgment or sentence that is entered pursuant to a plea agreement or from an admission to a probation violation.

E. A victim, as defined in section 13-4401, may bring a special action seeking to enforce any right or to challenge an order denying any right guaranteed to victims.

§ 22-371.01 Disposition of appeal bonds

If an appeal bond has been posted and the final disposition of the appeal remains in the superior court, that court shall enter all appropriate orders in relation to the appeal bond. If an appeal bond has been posted and the cause is remanded to the court of origin as authorized by section 22-374, the appeal bond shall be returned to the court of origin. The court of origin shall have the authority to take the appropriate final action with reference to the bond.

§ 22-372 Bond on appeal; stay of sentence

A. Execution of the sentence shall not be stayed unless the defendant executes a bond with sureties, in an amount fixed by a justice of the peace or municipal judge of the court in which the judgment was rendered and files the bond with the court. The bond shall be approved by the justice of the peace or municipal judge.

B. The condition of the bond shall be that the defendant prosecute the appeal and pay any fine and surrender to proper authorities in execution of any imprisonment imposed by the superior court on the appeal.

§ 22-373 Transmittal of papers on appeal

A. On an appeal to the superior court, the justice of the peace or presiding officer of a municipal court shall immediately, without charge, transmit a copy of the court file and of all proceedings as shown by the court record to the clerk of the superior court of the county, who shall file them and docket the action without charge.

B. The justice court or municipal court shall retain any bail bond or other security taken in an action unless otherwise ordered by the superior court.

§ 22-373.01 Dismissal of appeal; remand to court of origin

After an appeal has been docketed in the superior court, the superior court may on stipulation, on motion of the defendant, or on the court's own motion if the defendant fails to appear for trial, dismiss the appeal and remand the case to the court of origin for appropriate action.

§ 22-374 Superior court trial or determination of appeal

A. An appeal shall be on the record of proceedings if such record includes a transcript of the proceedings. Trial de novo shall be granted in all appeals wherein a transcript of the proceedings has not been maintained. The record shall be as certified by the judge of the court of origin or as stipulated by the parties. The condition of the record shall be subject to review by the superior court which may grant trial de novo based upon the court's evaluation of the sufficiency and condition of the record.

B. After a trial de novo or a final determination the superior court may:

Adjudge guilt and impose sentence as it deems proper; or
Acquit and discharge the defendant and exonerate his bail.

C. After determination of an appeal where there is a recorded transcript, the superior court may:

Reverse the court of origin and remand the case to the court of origin and direct a new trial;
Reverse the court of origin and direct a verdict of acquittal, discharge the defendant and exonerate his bail.
Affirm the court of origin and remand the case to the court of origin for appropriate action.

§ 22-375 Limitation of appeal from superior court in action appealed from inferior court

A. An appeal may be taken by the defendant, this state or any of its political subdivisions from a final judgment of the superior court in an action appealed from a justice of the peace or municipal court, if the action involves the validity of a tax, impost, assessment, toll, municipal fine or statute.

B. Except as provided in this section, there shall be no appeal from the judgment of the superior court given in an action appealed from a justice of the peace or a municipal court.

Chapter 4 Municipal Courts

Article 1 General Provisions

§ 22-401 Municipal court defined

The term " municipal court" as used in this title includes city or town magistrates' courts and all other courts established by law in incorporated cities and towns.

§ 22-402 Establishment and jurisdiction

A. In each city or town incorporated under the general laws of this state, there shall be a municipal court.

B. Every court established pursuant to subsection A, and every court established in a city incorporated under the provisions of title 9, chapter 2, article 5 or incorporated under the provisions of a special act or charter, has jurisdiction of all cases arising under the ordinances of the city or town, and has jurisdiction concurrently with justices of the peace of precincts in which the city or town is located, of violations of laws of the state committed within the limits of the city or town.

C. Notwithstanding subsections A and B and in lieu of establishing or maintaining a municipal court, a city or town may enter into an intergovernmental agreement as authorized by title 11, chapter 7, article 3 to provide the services of a municipal court, including the jurisdiction of all cases arising under the ordinances of the city or town, with either:

A justice of the peace in whose jurisdiction the city or town is located and the county in which the city or town is located.
Another city or town located within the same county as the city or town.

§ 22-403 Presiding officer of municipal court; appointment; compensation; justice of the peace as magistrate

A. The presiding officer of the municipal court shall be a magistrate, who shall be selected in a manner provided by the charter or ordinances of the city or town. The magistrate shall receive such compensation as provided by the governing body of the city or town.

B. A justice of the peace in the city or town shall be eligible to the office of magistrate without thereby forfeiting his office as justice of the peace.

§ 22-404 Disposition of fines and forfeitures

A. All fines and forfeitures that are collected in a municipal court maintained by a city or town that pays the salaries of the municipal court officers shall be paid to the treasurer of the city or town in which the court is located.

B. Except as otherwise provided by law, fees for the municipal court shall be established and classified as follows:

Class Description Fee

E Minimum clerk fee $ 17.00

Research in locating a document 17.00

Record duplication 17.00

F Per page fee

Copies of any documents per page $ 0.50

C. Excluding the monies that are kept by the court pursuant to subsection D of this section, the municipal court shall monthly transmit all monies that are collected pursuant to subsection B of this section to the city or town treasurer. The city or town treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows:

19.18 per cent to the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113.
72.51 per cent to the city or town general fund.

D. 8.31 per cent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars of the time payment fee prescribed by section 12-116, subsection B.

E. A city or town may establish and assess fees for court programs and services.

§ 22-405 Collection of fines

A. A municipal court may enforce the collection of monies owed to the municipal court for delinquent fines, fees, sanctions, penalties and restitution through execution or another appropriate process. The action shall be filed in the municipal court and shall be conducted in the same manner as civil actions in justice courts.

B. A peace officer may serve writs or other process that are issued pursuant to this section. The peace officer shall abide by the procedure for service of process that is established by court rule.

§ 22-406 Civil action to recover penalty; procedure

The city or town may maintain a civil action in the municipal court for the recovery of a penalty or forfeiture provided for the violation of an ordinance. The action shall be brought and conducted as civil actions in justice courts.

§ 22-407 Failure to make payment or disbursement of fines or forfeitures received; classification

A presiding officer of a municipal court who knowingly receives a fine or forfeiture and knowingly fails or refuses or neglects to pay or disburse it according to law within thirty days after receipt thereof, is guilty of a class 2 misdemeanor.

§ 22-408 Electronic filing and access; fee

A. The presiding judge of the superior court may provide for the electronic filing of documents and electronic access to municipal court records, pursuant to rules adopted by the supreme court, after consulting with the governing body of the city or town in which the municipal court is located.

B. The presiding judge of the superior court may impose a fee of not more than one hundred dollars per year for an annual on-line access subscription plus a fee of not more than two dollars per minute for on-line access to municipal court records. The municipal court shall collect the fees and transmit them to the city treasurer who shall account for them separately. The municipal court shall spend monies collected by the municipal court and deposited with the city treasurer pursuant to this section to improve access to municipal court records and to pay for administrative costs related to the improved access, subject to the approval of the presiding judge of the superior court.

C. If the program established pursuant to this section requires any additional expenditures by a governing body of a city or town, the presiding judge of the superior court shall obtain approval of the additional expenditure from the governing body of the city or town in which the municipal court is located.

D. The monies deposited in the city treasury pursuant to this section shall be continually available for purposes consistent with the purposes of this section.

E. Monies deposited pursuant to this section shall supplement monies already provided to the courts for purposes consistent with the purposes of this section.

F. All filings that are made pursuant to this section are subject to the fees established pursuant to section 22-404.

§ 22-409 Days for transaction of business

With the approval of the presiding judge of the municipal court, the municipal court may transact business on the second Monday in October if the city or town is open for the transaction of business on that day.

Article 2 Procedure

§ 22-421 Commencement of action; arrest or summons; examination of witnesses

A. Proceedings in the municipal court for violations of ordinances committed within the corporate limits of the city or town shall be commenced by complaint under oath and in the name of the state, setting forth the offense charged, with such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint.

B. If the magistrate is satisfied that the offense complained of has been committed by the person charged, he shall issue a summons or a warrant of arrest. Before issuing a summons or warrant of arrest on a complaint, the magistrate may subpoena and examine witnesses as to the truth of the complaint.

§ 22-422 Court record

The magistrate shall keep a court record and shall enter each action and proceeding of the court in the court record.

§ 22-423 Procedure

The rules of criminal procedure for the superior court, including the provisions regarding bail, issuance of subpoenas and punishment for disobedience thereof shall apply to municipal courts so far as applicable and when not otherwise prescribed.

§ 22-424 Bail; preparation of schedule; collection; civil deposits

A. The defendant, at any time after arrest, and before conviction, shall be eligible for bail, subject to section 13-3961 and any applicable rules adopted by the supreme court.

B. The presiding magistrate shall:

Prepare a schedule of traffic violations not involving the death of a person or any felony traffic offense, listing specific bail for each violation.
Permit the collection of bail, or acceptance of proper bond in lieu of bail, according to the foregoing schedule for and on behalf of the court.

C. The presiding magistrate shall prepare a schedule of civil traffic violations, listing a specific deposit for each violation. The presiding magistrate shall ensure that proper deposits for civil traffic violations are accepted for and on behalf of the court.

§ 22-425 Jury trials and appeals in municipal courts

A. In the trial of offenses for violation of ordinances of cities or towns of such a nature as by the common law were not triable before a jury, no jury trial shall be granted.

B. Either party may appeal from a municipal court to the superior court in the same manner as appeals are allowed from justice courts.

C. A victim, as defined in section 13-4401, may bring a special action seeking to enforce any right or to challenge an order denying any right guaranteed to victims.

§ 22-427 Authority of city or town magistrate

Notwithstanding any other provision of the law to the contrary, a city or town magistrate may perform his duties as authorized by law without the corporate limits of the city or town of which he is the magistrate pursuant to an intergovernmental agreement authorized by title 11, chapter 7, article 3 or of the political subdivision in which a regional jail facility is located, provided that any such regional jail facility shall be created pursuant to a joint exercise of powers agreement authorized by title 11, chapter 7, article 3, in which the city or town is a participant.

§ 22-428 Custody of records filed; purging; destruction

A. The magistrate shall maintain and dispose of all documents that are filed with the court pursuant to rules prescribed by the supreme court.

B. The magistrate or the magistrate's designee shall notify the director of the Arizona state library, archives and public records of records designated for destruction pursuant to court rules. The state library shall have the opportunity in a time prescribed by court rule to review and inspect these records. During this time period, the state library may remove any of these records for storage and retrieval.

C. Subsection B of this section does not apply if the director of the Arizona state library, archives and public records has previously approved the destruction of records.

§ 22-429 Judgment; imprisonment for fine; limitation; lien

B. If the court sentences the defendant to pay a fine, and the defendant fails to comply with the order, the court, after a hearing, may order that the defendant receive credit toward payment of the fine for jail time served in an amount that is determined by the magistrate for each one day of imprisonment. The sentence shall not extend beyond the term of imprisonment for which the defendant might be sentenced for the offense of which the defendant has been found guilty.

C. A sentence that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.

Chapter 5 Small Claims Divisions of Justice Courts

Article 1 General Provisions

§ 22-501 Definition

In this chapter, unless the context otherwise requires, "small claims division" means a forum in justice courts in which procedures shall allow the inexpensive, speedy and informal resolution of small claims.

§ 22-502 Establishment of small claims division

There is established in each justice court a division designated as the small claims division.

§ 22-503 Jurisdiction; exceptions

A. The small claims division has concurrent original jurisdiction with the justice court in all civil actions in which the debt, damage, tort, injury or value of the personal property claims either by the plaintiff or defendant does not exceed $5,000, exclusive of interest and costs, and in actions in which a party seeks to disaffirm, avoid or rescind a contract, or seeks equitable relief, and the amount at issue does not exceed $5,000.

B. The small claims division does not have jurisdiction over the following:

Those matters excluded from justice court jurisdiction as provided in section 22-201.
Actions involving claims of defamation by libel or slander.
Actions in forcible entry, forcible detainer or unlawful detainer.
Actions for specific performance.
Actions brought or defended on behalf of a class.
Actions requesting or involving prejudgment remedies.
Actions involving injunctive relief.
Traffic violations and other criminal matters.
Actions against this state, its political subdivisions or an officer or employee of the state or its political subdivisions in his official capacity.

§ 22-504 Transfer to justice court

A. If any party whose rights are or may be adjudicated by an action in the small claims division, at least ten days before the time set for hearing objects to the proceedings being held in the small claims division, the action shall be transferred from the small claims division to the justice court and the provisions relating to civil actions in justice court shall apply.

B. The complaint form used in the small claims division of each justice court shall contain the following language printed in no smaller than ten point bold-faced type:

"Warning - you do not have the right to appeal the decision of the hearing officer or the justice of the peace in a small claims court. If you wish to preserve your right to appeal, you may have your case transferred to the justice court pursuant to section 22-504, subsection A, Arizona Revised Statutes, if you request such transfer at least ten days prior to the day of the scheduled hearing."

§ 22-505 Venue of small claims actions; permissible motions; satisfaction of judgment

A. The rules governing venue of civil actions in the justice courts govern small claims actions.

B. A motion for change of venue and a motion to vacate a judgment are the only motions allowed in a small claims action. These motions shall be heard only by a justice of the peace.

C. A satisfaction of judgment may be filed in a small claims action.

§ 22-506 Hearing officers

A. The presiding judge of the superior court in the county may appoint hearing officers for small claims divisions upon recommendation of the justice of the peace.

B. A hearing officer shall be of good moral character and shall be a qualified elector and resident of this state.

C. A hearing officer may serve in any justice of the peace precinct within the county in which he is a resident.

D. A hearing officer shall serve without pay.

E. Special hearing officers may be appointed pursuant to subsection A to hear only mobile home park landlord-tenant controversies arising under title 33, chapter 11 or under the rental agreement between such parties.

F. While acting as a hearing officer for small claims, a hearing officer has the same powers as a justice of the peace.

G. If any party objects to the hearing officer prior to the hearing date, that party's case shall be referred to the justice of the peace of that precinct.

§ 22-507 Clerk of the small claims division

A. A designated clerk of each justice court shall provide such assistance as may be requested by any person regarding the jurisdiction, venue, pleadings or procedures of the small claims division. However, these clerks shall not engage in the practice of law.

B. A designated clerk of each justice court shall inform the parties to a small claims proceeding of their rights, including that the parties do not have the right to appeal a decision rendered by a judge or hearing officer of the small claims division.

C. The clerk shall, upon request, provide all necessary forms to the parties.

D. The justice of the peace may designate a clerk of the small claims division of the justice court to conduct debtor examinations pursuant to section 22-524.

Article 2 Pleadings and Procedure

§ 22-511 Schedule of hearings

The small claims division shall conduct hearings at such times as the justice of the peace may determine or as the supreme court may order including evening and Saturday hours.

§ 22-512 Parties; representation

A. Any natural person, corporation, partnership, association, marital community or other organization may commence or defend a small claims action, but an assignee or other person not a real party to the original transaction giving rise to the action may not commence an action except as a personal representative duly appointed pursuant to a proceeding as provided in title 14.

B. In a small claims action:

An individual shall represent himself.
Either spouse or both may represent a marital community.
An active general partner or an authorized full-time employee shall represent a partnership.
A full-time officer or authorized employee shall represent a corporation.
An active member or an authorized full-time employee shall represent an association.
Any other organization or entity shall be represented by one of its active members or authorized full-time employees.
An attorney-at-law shall not appear or take any part in the filing or prosecution or defense of any matter designated as a small claim.

C. For an association as defined in section 33-1202 or 33-1802 that has employees or that is contracted with a corporation, limited liability company, limited liability partnership, sole proprietor or other lawfully formed and operating entity that provides management services to the association, the employees of the association and the management company and its officers and employees may lawfully act on behalf of the association and its board of directors by:

Recording a notice of lien or notice of claim of lien of the association against an owner's property in a condominium or planned community if all of the following apply:

(a) The association employee or the management company is specifically authorized in writing by the association to record notices of lien or notices of claim of lien on behalf of the association and the officer or employee is a certified legal document preparer as prescribed in the Arizona code of judicial administration.

(b) The association is the original party to the lien and the lien right is not the result of an assignment of rights.

(c) The lien right exists by operation of law pursuant to section 33-1256 or 33-1807 and is not the result of obtaining a final judgment in an action to which the association is a party.

Appearing on behalf of the association in a small claims action if all of the following apply:

(a) The employee of the association or the management company is specifically authorized in writing by the association to appear on behalf of the association.

(b) The association is an original party to the small claims action.

D. Notwithstanding subsection B of this section, at any time before the hearing, the parties may stipulate by written agreement to the participation of attorneys in actions designated as small claims.

E. This section is not intended to limit or otherwise interfere with a party's right to assign or to employ counsel to pursue the party's rights and remedies subsequent to the entry of judgment in a small claims action.

F. Attorneys-at-law may represent themselves in propria persona.

G. The prevailing party in a small claims action may assign a monetary judgment to another person that is licensed in this state to collect debts and that may appear in the small claims court as the prevailing party only for the purpose of enforcing the judgment. A person that is assigned a judgment for collection does not represent the prevailing party but shall be treated by the small claims court as the prevailing party for all actions that relate to enforcing the judgment.

§ 22-513 Method of service

A. In addition to any other available methods of service, the plaintiff may serve the summons and complaint by registered or certified mail. Service is deemed complete on the date of delivery of the registered or certified mail to the defendant as indicated on the return receipt that is received and filed with the court either in person or by first class mail. If the date of delivery was not entered by the postal carrier or is illegible, service is deemed complete on the date the return receipt is received and filed with the court, either in person or by first class mail. The clerk of the small claims division of the justice court may make service by certified restricted mail, return receipt requested.

B. If the defendant cannot be served by registered or certified mail, personal service by a process server or an authorized officer or by any other means pursuant to court rule may be used. If personal service is used, an affidavit of service shall be filed with the court.

C. If personal service is used, service is deemed complete on the date of delivery that is indicated on the certificate of service.

D. At the time a complaint is filed, the clerk shall notify the plaintiff that if the plaintiff serves the summons and complaint by registered or certified mail under subsection A of this section the plaintiff may file the registered or certified mail return receipt with the court either in person or by first class mail.

§ 22-514 Time for answer

The time in which the summons shall require defendant to answer is in all cases twenty days, commencing from the date of service.

§ 22-515 Setting of trials; failure to appear; continuances

A. On the filing of an answer by the defendant, the clerk shall set the action for hearing. The hearing shall be set for a date within sixty days of the filing of the defendant's answer. The clerk shall notify the parties of the time and place of the hearing.

B. Any party failing to appear at the time set for hearing risks having an appropriate judgment entered against that party.

C. Continuances of hearings shall be granted only for good cause.

§ 22-516 Trial procedure

A. The justice of the peace or hearing officer shall conduct the trial in such a manner to do justice between the parties and shall not be bound by formal rules of procedure, pleading or evidence except for statutory provisions relating to privileged communications. Any evidence deemed material, relevant and competent may be admitted.

B. Discovery proceedings shall not be used in the small claims procedure.

§ 22-517 Counterclaims exceeding jurisdiction; procedures; sanctions for improper assertion

A. In any action where a counterclaim is asserted and the amount involved in the counterclaim exceeds the jurisdictional amount of the small claims division, the court shall at once terminate the designation as a small claim action, and the action shall proceed in accordance with the rules relating to all other civil actions.

B. If, at any stage during the proceedings subsequent to the termination of the small claims designation as provided in subsection A, the justice of the peace or superior court judge determines that the amount actually involved in the counterclaim is not in excess of the exclusive civil jurisdictional amount of the small claims division, the action shall be reinstated in either the small claims division as a designated small claim action or in the justice court as a regular civil action.

C. If the court makes a determination as provided in subsection B of this section that results in a reinstatement of the small claims designation and further determines that the amount requested in the counterclaim was asserted for the sole purpose of avoiding small claims proceedings, the court so finding shall award the plaintiff costs plus actual reasonable attorney fees incurred in defending the counterclaim.

§ 22-518 Jury trials prohibited

There is no right to a jury in the small claims division.

§ 22-519 Appeals

There shall be no appeal in a small claims procedure and the decision of the hearing officer or justice of the peace shall be final and binding on both parties.

§ 22-520 Recording judgment

A. The judgment by the justice of the peace or hearing officer in small claims issues shall be rendered no later than ten days from the close of the trial.

B. All judgments shall be in writing and the court shall mail copies to all parties.

C. The judgment shall clearly state the determination of the rights of the parties.

D. The judgment is due and payable immediately after the judgment is rendered by the justice of the peace or a hearing officer in small claims court. Collection of the judgment by the prevailing party may follow the procedures as provided in sections 22-243 through 22-246.

§ 22-521 Court records

Notwithstanding section 22-212, each justice of the peace shall maintain a small claims court record in which the justice of the peace shall enter:

The title of all actions commenced before the justice of the peace, including names of all plaintiffs and defendants.
All judgments rendered by the justice of the peace or hearing officer.

§ 22-522 Fees

The following fees are established pursuant to section 22-281:

The fee for filing a small claims complaint.
The fee for serving the complaint upon the defendant by registered or certified mail.
The fee for answering a complaint.

§ 22-523 Notice to public

A. The presiding judge of the superior court or the presiding justice of the peace in each county shall publicize in an appropriate manner the existence of the small claims division, its procedures and its hours of operation. The publication shall be made so as to bring the division's existence to the attention of the entire community.

B. The supreme court shall publish a small claims division brochure outlining the procedures of the division in lay terms.

§ 22-524 Debtor's examination

A. At the time of judgment and on request of the prevailing party or on the judge's own initiative, the judge shall order the judgment debtor to participate in a debtor's examination hearing. The court may hold the hearing immediately after judgment or may set a date for the hearing within ten days after judgment.

B. The judge, a hearing officer, a court employee designated by the judge or a person authorized by law to administer oaths may conduct the debtor's examination. At the hearing, the judgment debtor shall provide the court with information on the debtor's assets and liabilities. This information shall include money, property, corporate shares and interest, loans and support payments. The court or judgment creditor may require additional information.

§ 22-525 Satisfaction of judgment; filing procedures; transfer to justice court; hearing; bond

A. The prevailing party shall file a satisfaction of judgment in the small claims division of the justice court within thirty days after a judgment has been paid in full.

C. On the filing of a motion to compel satisfaction of the judgment, the case shall be transferred from the small claims division to the justice court. A justice of the peace may hold a hearing on the motion to compel satisfaction of the judgment.

D. A justice of the peace may compel the moving party to post a bond with the justice court in the amount of the judgment.

Chapter 6 Homeless, Veterans and Mental Health Courts

Article 1 General Provisions

§ 22-601 Homeless, veterans and mental health courts; establishment; eligibility for referral

A. The presiding judge of the superior court in each county may establish a homeless court, veterans court and mental health court to adjudicate cases filed in a justice court or a municipal court in the county.

B. The presiding judge of the superior court shall establish the eligibility criteria for referral to the homeless court, veterans court or mental health court.

C. A justice of the peace or municipal court judge who has jurisdiction over a case that meets the eligibility criteria may refer the case to the homeless court, veterans court or mental health court.

D. The originating court shall notify the prosecutor of any criminal case referred to the homeless court, veterans court or mental health court.

§ 22-602 Homeless, veterans and mental health courts jurisdiction; judicial officer's authority to adjudicate

A. The originating justice court or municipal court shall maintain jurisdiction of a case that is referred to the homeless court, veterans court or mental health court pursuant to section 22-601.

B. Any judicial officer in the county where the offense occurred shall have the authority to adjudicate a case referred to the homeless court, veterans court or mental health court.

Chapter 7 Civil Marijuana Violations

Article 1 General Provisions

§ 22-701 Jurisdiction of civil marijuana violations

A. The justice court and municipal court have jurisdiction of civil marijuana violation cases filed pursuant to section 36-2853.

B. Chapters 3 and 4 of this title apply to this chapter where applicable.

C. Hearing officers who are appointed pursuant to section 28-1553 may hear actions involving civil marijuana violations.

§ 22-702 Commencement of civil marijuana violation actions; original citation changes

A. A civil marijuana violation case may be commenced by issuance or filing of a uniform traffic ticket and complaint. A peace officer may issue the complaint.

B. A civil marijuana violation shall be commenced as follows:

If a case is commenced by issuance, the case shall be issued within sixty days after the alleged violation.
If the case is commenced by filing, the case shall be filed within sixty days after the alleged violation and shall be served within ninety days after the filing date.

C. A complaint alleging a civil marijuana violation may be served by delivering a copy of the uniform traffic ticket and complaint to the person who is charged with the violation or by any means authorized by the Arizona rules of civil procedure.

D. On an original citation, if a peace officer changes the date, time or location of the violation or the section of law that is allegedly violated, the original citation must be amended through the court pursuant to court rule.

E. A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of section 36-2853 and to serve a copy of the complaint for an alleged civil violation of section 36-2853.

F. The original complaint shall be filed in a court having jurisdiction of the violation within ten court days after the time the complaint was issued.