Arizona Laws 12-1560. New trial after service by publication; superseding judgment
A. When judgment has been rendered on service by publication, and defendant has not appeared, a new trial may be granted upon application of defendant for good cause shown by affidavit, made within one year after rendition of judgment.
Terms Used In Arizona Laws 12-1560
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. Execution of the judgment shall not be stayed unless defendant gives bond, approved by the clerk of the superior court, in double the amount of the judgment or value of the property adjudged, payable to plaintiff in the judgment, conditioned that the party will prosecute the application for new trial to effect, and will satisfy such judgment as may be rendered by the court against him.
C. When property has been sold under the judgment and execution before the process was stayed, defendant, if he defeats plaintiff’s action, shall not recover the property so sold, but shall have judgment against plaintiff in the judgment for the proceeds of the sale.