Courts and Civil Procedure in Arizona
Basic Information and Law Library Resources
courts] [What is meant by civil procedure?]
[Books and Materials in the College of Law Library][Where to find court opinions on the same legal topic as yours]
[Links to web resources]
There are both state and federal level courts operating within Arizona. Generally, cases dealing with interpretations or violations of state and local laws , or matters between citizens or institutions of Arizona, are heard in state courts. Federal courts hear issues which involve federal laws and issues (e.g. immigration, civil rights, issues involving non-U.S. citizens or foreign governments).
The state courts system in Arizona consists of five distinct jurisdictions: City Court, Justice Court, Superior Court, the Court of Appeals, and the Supreme Court. Whether a matter is heard in one court or another depends upon a variety of factors, including whether state or local laws are at issue, the dollar amount of the claim, and whether the matter is being appealed.
City Court (also known as Municipal Court or Magistrates Court) and Justice Court handle a limited range of criminal and civil matters, and are known as inferior courts or courts of limited jurisdiction . Justice Court has a Small Claims Division for civil matters which involve dollar amounts under a certain limit. ( For a detailed description of these two courts and their specific functions and limitations, please see Civil Trial Practice by Charles Marshall Smith listed below in the section Books and Materials in the College of Law Library. Also consult the web sites for both City Court and Pima County Justice Courts.
Superior Court is the trial court for many civil and criminal matters in Arizona and is known as a court of general jurisdiction. It is also called a court of record, meaning that its decisions are preserved as part of the public record. (This does not mean they are published. You will not find them in case reporter volumes in the law library. To access records of these proceedings, you must go to the City Clerk's office in the Superior Court building where they are stored on microfiche.) Every county in Arizona has at least one judge who sits on the Superior Court bench. The Superior Court also functions as an appellate level court for judgments arising from inferior courts.
The Court of Appeals for Arizona consists of two divisions, one serving the northern and central counties (Division One), and one for southern Arizona counties (Division Two). The Court of Appeals provides for review of all civil judgments arising from Superior Court and for all criminal judgments except those where the death sentence has been imposed (those judgments are automatically appealed directly to the Supreme Court).
The Supreme Court of Arizona is the court of final review of lower court decisions and is also the rule-making body for all Arizona courts. It consists of five members including a chief justice and a vice-chief justice. Sometimes, the entire bench decides a case (en banc), but only three members are needed for a decision to be made.
There are also federal courts operating within Arizona. Federal district court, with divisions in Phoenix, Prescott, and Tucson, is the trial court for all issues over which the federal government has jurisdiction. Bankruptcy court is a specialized federal court hearing cases in Arizona and other states.
Civil procedure is the set of rules and procedures which governs the actions of all parties involved in a civil court action. It is not the law, but the means by which substantive legal issues are decided in the courts. These rules are promulgated by the Arizona Supreme Court. For more in-depth information on these rules and for the text of the current rules, see Civil Trial Practice and Arizona Court Rules respectively (immediately following).
Books and Materials in the College of Law Library
- Black's Law Dictionary. KF 156 .B53 1999 Law Reading Room Tables. Currently in its 7th edition, this source gives definitions of the terms you may encounter in legal documents.
- Civil Trial Practice. Smith, Charles Marshall. KFA 2938 .S64 1986 Law Reserve. This source gives a thorough analysis of the Arizona courts system, procedures, limits on the jurisdiction of certain courts, and examples of forms. It is updated annually with a pocket part supplement.
- Arizona Courts Manual: A Guide to Filing Documents and General Procedure. State Bar of Arizona Continuing Legal Education. KFA 2915 .Z9 B58 Law Reserve. Includes separate sections for all individual courts, state and federal, in Arizona. There are rules for each court, and examples of cover sheets where applicable.
- Arizona Legal Forms. KFA 2468 .A57 1997 Law Reserve and Arizona Reference. This ten volume set is arranged by broad legal topic areas. Volumes 1 & 2 deal specifically with civil procedure. These forms may be photocopied for filing in Arizona courts.
- West's Legal Forms. KF 170 W47 1996 Law Main Stacks. A much larger forms set than above. These forms are not state-specific but can be modified for use in Arizona courts. Useful when you can't find a suitable form in Arizona Legal Forms.
- Arizona Court Rules (West). KFA 2468 .A57 2000 Law Arizona Section. These are the rules governing procedure in all Arizona courts. They are also included in volumes 16, 16A, 17, 17A, and 17B of the Arizona Revised Statutes Annotated.
- Arizona Civil Remedies. Clark, Marilee Miller. KFA 2947 .A955 1998 Law Arizona Reference & Reserve. This two-volume set published by the State Bar of Arizona is designed mainly for attorneys but may be useful for anyone wanting to know what remedies are offered by Arizona courts for specific legal issues. It also includes relevant forms.
- Membership Directory. State Bar of Arizona. KF 192.A7 S8 1998-99 Law Reserve and Arizona Reference. This is the official directory of all current lawyers eligible to practice in the state of Arizona. There is also a web version of this on the State Bar of Arizona web site (see below- Links to web resources).
- Handling Child Custody, Abuse, and Adoption Cases. Haralambie, Ann M. KF 547 .H37 1993 Law Reserve. This is actually an attorney practice aid, but is the most comprehensive tool for child-related legal issues in Arizona. If you have questions relating to adoption, custody disputes (both within Arizona and between Arizona and other states), this may be a valuable resource for you to consult.
Where to Find Court Opinions on the Same Legal Topic as Yours
Opinions from the Arizona Court of Appeals and Arizona Supreme Court are reported in the Arizona Reports. In the Law Library these are located in the Arizona Collection. This set is a chronological arrangement of cases. The only way to find a case on a particular subject is to use the Arizona Digest, shelved beside it. The Descriptive Word Index in volumes 26, 27, & 28, allow you to search by subject.
Judgments from the lower courts are not published.
Links to Web Resources
Arizona Courts Web Sites:
- http://www.law.arizona.edu/library/Internet/legal_links/arizona/judicial.htm Contains links to Arizona state and federal court websites, forms, etc.
- http://jp.co.pima.az.us/ Pima County Justice Courts website. Contains a searchable Court docket, calendar information, forms, and lots of self-help information, especially in the areas of domestic relations, protective orders, and small claims through the Internet Services link: http://jp.co.pima.az.us/Pages/index2.php?header=Small%20Claims%20Information&dataID=22.
- http://www.ci.tucson.az.us/courts/ This site is the online home of Tucson City Court. It contains information on both its civil and criminal divisions.
Other Forms Sites:
- http://www.lexisone.com You need to register to use this site and login each time. Many interactive forms are available in both Word and Wordperfect format.
- http://forms.findlaw.com/states/az.html Another reliable forms site with some forms specific to Arizona.
Note: these are just a couple of the legal forms sites on the internet. You may find many more and will need to evaluate these as you use them.
Rules of Court (includes Rules of Civil Procedure):
- http://www.azbar.org Offers tips on how to find a lawyer, how to know when you need one, and the state bar directory. Look under Legal Resources/Consumer Brochures/I Need Help What Should I do?. Click on Find a Lawyer to find a lawyer by location and/or specialty.
- http://www.azbar.org Offers information on specific legal topics especially for the public. Look under Legal Resources/Consumer Brochures.