State Codes and Statutes

State Codes and Statutes

Statutes > Arizona > Title12 > 12-2410

12-2410. Hearing; procedure; issues

A. Upon filing of a request for hearing pursuant to section 12-2407, the party seeking any provisional remedy or the court shall cause the matter to be set for hearing.

B. Hearing shall be before a judge or justice of the peace and shall be heard no later than five days exclusive of weekends or holidays after the filing of a request for a hearing date, or at a later time with the consent of all parties.

C. Any hearing on an application for any provisional remedy shall be limited to the following issues:

1. The probable validity of the applicant's claim or claims and any defenses and claims of personal property exemptions of the party against whom such provisional remedy will operate.

2. The existence of any statutory requirements for the issuance of any provisional remedies sought.

D. If after hearing the court finds probable cause to believe the claim of the applicant is valid and that the statutory requirements for any provisional remedy have been met, such remedy shall be issued forthwith.