A. When the action described in section 12-803 is filed, it shall have precedence over all actions except criminal proceedings, election contests and hearings on injunctions.

Terms Used In Arizona Laws 12-805

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Building: means and includes so much of any building or structure of any kind as is or may be entered through the same outside entrance. See Arizona Laws 12-801
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

B. In the action, evidence of the general reputation of the building or place shall be admissible for the purpose of proving existence of the nuisance.

C. If the complaint is filed by a citizen, it shall not be dismissed by plaintiff or for want of prosecution except upon a sworn statement made by plaintiff and his attorney, if any, setting forth the reasons why the action should be dismissed. The dismissal may be ordered by the court.

D. In case of failure to prosecute the action with reasonable diligence, or at the request of plaintiff, the court, in its discretion, may substitute any citizen consenting thereto for plaintiff.

E. If the action is brought by a citizen and the court finds there was no reasonable ground or cause for the action, costs shall be taxed against the citizen.

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