Arizona § 12-1308 Finding for defendant; judgment; election to take value or property

Arizona Statutes

§ 12-1308 — Finding for defendant; judgment; election to take value or property

Arizona § 12-1308

Title 12Arizona Revised Statutes

Ch. 8SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTY

Art. 12Replevin

This text of Arizona § 12-1308 (Finding for defendant; judgment; election to take value or property) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 12-1308 (2026).

Text

A.If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial it is found that he is its owner and that he was at the time the action was brought entitled to its possession, then on the trial the value of the property replevied shall be found, together with any damage the defendant has suffered for the wrongful seizure of the property, and judgment shall be against the plaintiff claimant and the sureties on the replevin bond for the value of the property, the damages and costs of the action and reasonable attorney's fees. The judgment shall also be for the return of the property to the adverse party at a time and place specified.

B.The defendant shall elect whether he will take the property itself or the amount

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A. If the defendant alleges that he is the owner of the property, is entitled to its possession and demands its return, and if on the trial it is found that he is its owner and that he was at the time the action was brought entitled to its possession, then on the trial the value of the property replevied shall be found, together with any damage the defendant has suffered for the wrongful seizure of the property, and judgment shall be against the plaintiff claimant and the sureties on the replevin bond for the value of the property, the damages and costs of the action and reasonable attorney's fees. The judgment shall also be for the return of the property to the adverse party at a time and place specified.

B. The defendant shall elect whether he will take the property itself or the amount found as the value of the property. The election shall be made in order to permit the plaintiff a reasonable time before the time specified in the judgment for delivery of the property. The election may be made in open court, or by an instrument in writing filed in the action.