Except as provided in section 12-2402, no provisional remedy shall be issued by any judge or justice of the peace until:

Terms Used In Arizona Laws 12-2403

  • Party: means any plaintiff or defendant in any civil action, in any superior or justice court of this state. See Arizona Laws 12-2401
  • Provisional remedy: means the remedies of attachment, garnishment or replevin, but shall not include garnishment of wages. See Arizona Laws 12-2401

1. All statutory requirements for the issuance of such provisional remedy have been complied with by the party seeking such remedy.

2. An application and notice for issuance of any provisional remedy has been filed with the clerk of the court and a copy of such notice and application have been served on the party against whom any remedy will operate.

3. The party against whom any provisional remedy is sought has been afforded an opportunity for a hearing or a hearing has been held as provided in this article.

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