Arizona Laws 12-1146. Waiver of certain rights by persons in interest; determination of issues; judgment on issues; appointment of guardian ad litem
A. All persons who have not filed written objections with the court prior to the time of the hearing specified in the notice prescribed by section 12-1145, shall be deemed to have waived the right to file objections as to the sufficiency and validity of the complaint, the action and the relief sought thereby, and of the right of plaintiff to take title and possession prior to final judgment, as authorized by section 12-1155. All persons who have not filed with the clerk of the court prior to the date of hearing specified in the notice prescribed in section 12-1145, written demand for trial by jury as to the amount of compensation to be awarded shall be deemed to have waived the right.
Terms Used In Arizona Laws 12-1146
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the court in which jurisdiction over proceedings under this article is vested by the provisions of section 12-1142. See Arizona Laws 12-1141
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. The court, at the time specified in the notice, after hearing and determining all issues of fact and law raised by the objections which have been filed, shall enter a final judgment with respect to such issues, and thereafter there shall remain for determination only the amount of the compensation to be paid and the persons entitled thereto.
C. If an infant or other person under legal disability does not appear in the proceedings by his duly authorized legal representative, the court shall appoint a guardian ad litem to represent such person’s interest in the proceedings before the special master appointed as provided by section 12-1147.