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Claims · defenses · the Arizona traps

The Arizona taxonomy

The claim families Arizona civil practice runs on — each with its core, the authorities that create it, and the Arizona-specific trap that catches the unwary. This is the map of what the law provides; whether any of it fits your matter is a legal judgment.

The trap board — the clocks and rules that end cases before the merits

  • The notice of claim must be FILED with the authorized person within 180 days after accrual — with facts sufficient to evaluate AND a specific settlement amount. A.R.S. § 12-821.01(A)
  • All actions against public entities or employees must be brought within ONE YEAR after accrual. A.R.S. § 12-821
  • The CFA private action is treated as a liability created by statute — the ONE-YEAR limitation applies. The shortest consumer clock most people have never heard of. A.R.S. § 12-541; § 44-1522
  • Joint and several liability is ABOLISHED (narrow exceptions): each defendant is liable only for its allocated share — collecting a judgment means winning against every pocket. A.R.S. § 12-2506(A)

Negligence & personal injury

Duty, breach, causation, damages — with Arizona's fault architecture: PURE comparative fault (the claim survives any share of plaintiff fault; damages reduce in proportion) and SEVERAL-ONLY liability (joint and several abolished; each defendant pays its allocated share).

The traps

  • Comparative fault is a jury question 'in all cases' — the action is not barred, damages reduce in proportion. A.R.S. § 12-2505(A)
  • Joint and several liability is ABOLISHED (narrow exceptions): each defendant is liable only for its allocated share — collecting a judgment means winning against every pocket. A.R.S. § 12-2506(A)
  • Two years from accrual for injury actions. A.R.S. § 12-542

Claims against public entities & employees

Suing Arizona governments runs on TWO stacked clocks that kill more claims than the merits do: the 180-day notice of claim, then a one-year statute of limitations.

The traps

  • The notice of claim must be FILED with the authorized person within 180 days after accrual — with facts sufficient to evaluate AND a specific settlement amount. A.R.S. § 12-821.01(A)
  • All actions against public entities or employees must be brought within ONE YEAR after accrual. A.R.S. § 12-821

Contract & commercial

Written-contract debt actions carry six years; oral and unwritten obligations run shorter; the commercial court in Maricopa County takes qualifying business disputes at a $50,000 amount-in-controversy threshold.

The traps

  • Six years for debt on a written contract executed in Arizona (credit cards included by definition). A.R.S. § 12-548(A)
  • The four-year residual limitation catches unlisted actions. A.R.S. § 12-550
  • Commercial-court eligibility (Maricopa) has its own case-type and amount gates. Ariz. R. Civ. P. 8.1

Consumer fraud (the CFA)

The Consumer Fraud Act bans deception and unfair practices in connection with the sale or advertisement of merchandise; Arizona courts recognize a private action — carried by case law, not an express statutory grant — and it moves FAST.

The traps

  • The CFA private action is treated as a liability created by statute — the ONE-YEAR limitation applies. The shortest consumer clock most people have never heard of. A.R.S. § 12-541; § 44-1522
  • The private right itself is judge-made (see the case anchors) — its elements come from the decisions, verified before citing. A.R.S. § 44-1521 et seq.

Landlord-tenant & eviction defense

The ARLTA governs residential tenancies; eviction runs on the RPEA speed track; self-help lockouts and utility shutoffs carry statutory tenant remedies.

The traps

  • Unlawful ouster, exclusion, or willful diminution of essential services gives the tenant possession-or-terminate remedies plus damages. A.R.S. § 33-1367
  • Eviction clocks run in DAYS under the RPEA — the ordinary civil rhythm does not apply. Ariz. R. P. Evict. Actions 11
  • Forcible-detainer judgments have a distinct appeal posture (note the annual-rental-value carve-out in the appealability statute). A.R.S. § 12-2101(A)(1)

Medical malpractice

The certification-and-affidavit gate stands at the courthouse door: certify whether expert testimony is necessary WITH the claim, then deliver a qualifying preliminary expert affidavit.

The traps

  • The § 12-2603 certification travels with the complaint; the § 12-2604 expert must match the specialty. A.R.S. §§ 12-2603, 12-2604
  • The med-mal records-exchange rule was RENUMBERED (old 26.2 → 26.3) by the 2018 discovery reform — stale citations point at the tier rule now. Ariz. R. Civ. P. 26.3 (per the R-17-0010 order ledger)

Employment & wages

Arizona wage claims carry statutory teeth (treble damages for unpaid wages), and wrongful termination runs through the Employment Protection Act and the public-policy line of cases.

The traps

  • One year for wrongful termination and liability-created-by-statute claims. A.R.S. § 12-541
  • Wage-claim mechanics and multipliers live in Title 23 — read them before demand. A.R.S. § 23-350 et seq.

Insurance & bad faith

First-party bad faith is a tort in Arizona (the case anchors carry the standard); the insurance code's claims-practices rules live in Title 20.

The traps

  • Bad-faith elements and the reasonable-expectations doctrine are case-law creatures — verify the anchors before citing. A.R.S. Title 20 (code); case anchors (doctrine)

Debt collection & garnishment defense

Justice courts hear most collection suits (the $10,000 ceiling); garnishment splits earnings and non-earnings tracks with exemption floors and short objection windows.

The traps

  • Justice-court civil jurisdiction caps at $10,000 — venue and appeal paths follow the justice-court rules. A.R.S. § 22-201
  • Any party may appeal a final justice-court judgment to superior court — with its own clock and bond mechanics. A.R.S. § 22-261(A)

Property & real estate

Forcible entry and detainer, quiet title, liens, and the recording system — Title 33's civil-facing chapters are loaded, with the eviction machine handled in its own theater.

The traps

  • Forcible entry/detainer grounds are statutory — including willful holdover after the term. A.R.S. § 12-1171

Defamation & privacy

One-year limitations, constitutional overlays, and — since 2022 — the § 12-751 anti-SLAPP shield for lawful expression.

The traps

  • One year for libel and slander. A.R.S. § 12-541
  • An action targeting lawful expression invites a § 12-751 motion with fee consequences. A.R.S. § 12-751

Every citation above is corroboration-pinned: the release gate reads the loaded corpus and fails if an anchor drifts. Case-law anchors are POINTERS — verified before citing, never quoted from memory.