Arizona Laws 13-4311. Judicial in rem forfeiture proceedings
A. If a forfeiture is authorized by law, it may be ordered by a court on an action in rem brought by the state pursuant to a notice of pending forfeiture or a verified complaint for forfeiture. The state may serve the complaint in the manner provided by section 13-4307 or by the Arizona rules of civil procedure.
Terms Used In Arizona Laws 13-4311
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Attorney for the state: means an attorney designated by the attorney general, by a county attorney or by a city attorney to investigate, commence and prosecute an action under this chapter. See Arizona Laws 13-4301
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Interest holder: means a person in whose favor there is a security interest or who is the beneficiary of a perfected encumbrance pertaining to an interest in property. See Arizona Laws 13-4301
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Owner: means a person who is not a secured party as defined in section 47-9102 and who has an interest in property, whether legal or equitable. See Arizona Laws 13-4301
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. Judicial in rem forfeiture proceedings are in the nature of an action in rem and are governed by the Arizona rules of civil procedure unless a different procedure is provided by law. A civil in rem action may be brought by the state in addition to or in lieu of the civil and criminal in personam forfeiture procedures set forth in sections 13-4312 and 13-4313 if the prosecutor shows by clear and convincing evidence that there is no known owner of the seized property, diligent efforts have been made to identify the owner of the seized property and no person has asserted an ownership interest in the seized property or that, before or after the conviction, the defendant or alleged criminal:
1. Died.
2. No longer resides in the United States or was deported.
3. Was granted immunity or reduced punishment in exchange for testifying or assisting a law enforcement investigation or prosecution.
4. Fled the jurisdiction of this state.
5. Abandoned the property.
C. On the filing of a civil in rem action by the state in superior court the clerk of the court in which the action is filed or the attorney for the state shall provide the notice of pending forfeiture required by section 13-4307 unless the files of the clerk of the court reflect that the notice has previously been made.
D. An owner of or interest holder in the property may file a claim against the property pursuant to section 13-4307, within sixty days after the notice, for a hearing to adjudicate the validity of the owner’s or interest holder’s claimed interest in the property. The court shall hold the hearing without a jury. An owner or interest holder may not be charged a filing fee or any other charge for filing the claim.