Arizona Laws 12-2409. Judicial review of application; issuance of provisional remedies
A. The judge or justice of the peace shall within five days, exclusive of weekends and holidays, after entry of default as provided in section 12-2408, review and examine all pleadings, affidavits and documents filed in the action to determine the following:
Terms Used In Arizona Laws 12-2409
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Party: means any plaintiff or defendant in any civil action, in any superior or justice court of this state. See Arizona Laws 12-2401
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Provisional remedy: means the remedies of attachment, garnishment or replevin, but shall not include garnishment of wages. See Arizona Laws 12-2401
1. That an affidavit has been filed by the person who served a copy of the application and notice evidencing service.
2. That the affidavit of default required by section 12-2408 has been filed and the default entered by the clerk.
3. That the claim or claims of the party seeking any provisional remedy are based on facts stated in the affidavit sufficient to show that such claim or claims are valid.
4. That any statutory requirement for the issuance of any provisional remedy sought exists.
5. That any other pleadings or affidavits required by law as a prerequisite for the issuance of any provisional remedy sought have been filed.
B. If the judge or justice of the peace finds that the requirements of subsection A have been met, the provisional remedy shall be issued.
C. Written findings that the requirements of subsection A have been met shall be included in the order issuing any provisional remedy.