LegalFix
Sign In

§ 12-805 Precedence of action; reputation of place as evidence; dismissal; substitution of plaintiffs; costs

AZ Rev Stat § 12-805 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

12-805. Precedence of action; reputation of place as evidence; dismissal; substitution of plaintiffs; costs

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.

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.

Previous Section
§ 12-804 Temporary injunction; affidavit and verified complaint
Next Section
§ 12-806 Order of abatement; custody of building; fees for closing of premises and sale of movable property