§ 12-932 Proceeding in federal court; jurisdiction of state court; stay, notice and precedence of appeal

AZ Rev Stat § 12-932 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

12-932. Proceeding in federal court; jurisdiction of state court; stay, notice and precedence of appeal

A. When an action praying for a preliminary injunction is begun in a federal district court to restrain an official or officials of this state from enforcing or administering a statute or administrative order of this state, or to set aside or enjoin such statute or administrative order, any defendant in the action, or the attorney general of the state, may bring an action to enforce the statute or order in the superior court of the state at any time before final hearing on the application for an injunction in the action in the federal court, and jurisdiction is conferred upon the superior court of this state, and on the supreme court on appeal, to entertain such action.

B. The superior court shall, when the action is brought, grant a stay of proceedings by any state officer or officers under such statute or order, pending determination of the action in the courts of the state and the superior court shall, upon the bringing of such action therein, at once cause a notice thereof, together with a copy of the stay order, to be filed in the federal district court in which the action was originally begun.

C. The action in the superior court, and an appeal therefrom, shall be given precedence, expedited in every way, and shall be assigned for hearing at the earliest practicable day.

Previous Section

§ 12-931 Proceeding in state court; stay, hearing and precedence of appeal

Next Section

§ 12-940 Definitions