A. When an action is commenced to recover the costs and expenses of draining lodes or mines, the court shall grant an order allowing plaintiff to inspect the lodes or mines claimed to have been drained upon application and affidavit that the inspection is necessary for proper preparation of the action for trial.

Terms Used In Arizona Laws 27-362

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Claim: means the portion of mining ground held under federal and local law by one claimant or association, by virtue of one location and record. See Arizona Laws 27-301
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. The order shall designate the number of persons, not exceeding three besides plaintiff, to make the examination and they may cause the removal of rock, debris or other obstacles in a lode or vein when removal is shown necessary to a just determination of the claim.

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