A court in a civil action brought under this article shall award reasonable attorney fees and costs to a prevailing plaintiff, except to the attorney general in an action brought under Section 41-1491.33. The court shall not award attorney fees to a prevailing defendant unless the plaintiff’s complaint was frivolous, unreasonable or without foundation.

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Terms Used In Arizona Laws 41-1491.36

  • 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.
  • 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.