A. An injunction to stay an execution upon a valid and subsisting judgment shall not be granted after expiration of one year from the rendition of the judgment, unless it appears that an application for the injunction has been delayed in consequence of the fraud or false promises of the party recovering the judgment, practiced or made at the time of, or after rendition of the judgment, or unless for some equitable matter or defense arising after rendition of such judgment.

Terms Used In Arizona Laws 12-1806

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

B. If the applicant was absent from the state at the time the judgment was rendered, and was unable to apply for the injunction within the time provided in subsection A, of this section, the injunction may be granted at any time within two years from rendition of the judgment.

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