Arizona Laws 48-513. Referee’s report; objections; notice of hearing; court action on report
A. Upon filing the referee’s report the court shall, upon motion of any party, appoint a day for hearing the report, not less than fifteen days thereafter. Notice of the time and place of the hearing shall, at least ten days before the time so appointed, be served on all other parties, except those in default.
Terms Used In Arizona Laws 48-513
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- city: includes counties, incorporated cities and towns and other corporations organized for municipal purposes. See Arizona Laws 48-501
- Clerk: includes any person or official who performs the duties of clerk of the city or town. See Arizona Laws 48-571
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
B. The plaintiff, or any defendant who has answered, may file objections in writing to the report, specifying the grounds, at any time not less than one day prior to the hearing.
C. The clerk of the court shall give notice of filing the report and of the time and place appointed for the hearing to all persons owning or having an interest in any property included within the assessment district described in the resolution of intention, by causing the notice to be published for two days in a daily newspaper published and circulated in the city. If there is no daily newspaper, then publication shall be by at least one insertion in a weekly newspaper so published and circulated. The publication shall commence at least five days before the time appointed for hearing the report, and shall require all persons owning or having an interest in any property included within the assessment district to intervene in the action, and file, in the office of the clerk of the court, their objections in writing to the report specifying the grounds upon which the objections are based. The notice shall also contain a description of the assessment district as set forth in the resolution of intention.
D. At any time within not less than one day prior to the hearing, a person not a party to the action owning, or having an interest in, any property included within the assessment district, may intervene in the action and file objections in writing to the report, specifying the grounds upon which the objections are based and such person so intervening may appear and contest the report and introduce evidence in support of the objections.
E. After hearing the report and objections, the court may confirm the report, may modify it and confirm it as modified or may set it aside and order a new report from the same referees, or from new referees to be appointed. If new referees are appointed, the same proceedings shall be had as upon the first reference.