Arizona Laws 9-1109. Referral to court of conflicting claims; trial; appeal
A. When conflicting claims have been filed, the trustee shall transmit the statement of the claimant and the adverse claim, and all papers pertaining thereto, to the clerk of the superior court of the county in which the property is located, and give notice thereof to the respective claimants. The papers shall be filed by the clerk and docketed in the name of the claimant as plaintiff and the conflicting claimant as defendant, and the court shall thereupon direct pleadings to be framed setting forth the respective claims of the parties. The matter shall thereupon be tried before the court without a jury and notice of the judgment shall be given to each of the parties.
Terms Used In Arizona Laws 9-1109
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Trustee: A person or institution holding and administering property in trust.
B. An appeal may be taken within twenty days after notice of the judgment. If an appeal is not taken the trustee shall execute a deed in accordance with the judgment.