Arizona § 12-2409 Judicial review of application; issuance of provisional remedies

Arizona Statutes

§ 12-2409 — Judicial review of application; issuance of provisional remedies

Arizona § 12-2409

Title 12Arizona Revised Statutes

Ch. 14PROVISIONAL REMEDIES

Art. 1General Provisions

This text of Arizona § 12-2409 (Judicial review of application; issuance of provisional remedies) 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. § 12-2409 (2026).

Text

A.The judge or justice of the peace shall within five days, exclusive of weekends and holidays, after entry of default as provided in section 12-2408, review and examine all pleadings, affidavits and documents filed in the action to determine the following:

1.That an affidavit has been filed by the person who served a copy of the application and notice evidencing service.

2.That the affidavit of default required by section 12-2408 has been filed and the default entered by the clerk.

3.That the claim or claims of the party seeking any provisional remedy are based on facts stated in the affidavit sufficient to show that such claim or claims are valid.

4.That any statutory requirement for the issuance of any provisional remedy sought exists.

5.That any other pleadings or affidavits

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A. The judge or justice of the peace shall within five days, exclusive of weekends and holidays, after entry of default as provided in section 12-2408, review and examine all pleadings, affidavits and documents filed in the action to determine the following:

1. That an affidavit has been filed by the person who served a copy of the application and notice evidencing service.

2. That the affidavit of default required by section 12-2408 has been filed and the default entered by the clerk.

3. That the claim or claims of the party seeking any provisional remedy are based on facts stated in the affidavit sufficient to show that such claim or claims are valid.

4. That any statutory requirement for the issuance of any provisional remedy sought exists.

5. That any other pleadings or affidavits required by law as a prerequisite for the issuance of any provisional remedy sought have been filed.

B. If the judge or justice of the peace finds that the requirements of subsection A have been met, the provisional remedy shall be issued.

C. Written findings that the requirements of subsection A have been met shall be included in the order issuing any provisional remedy.