A.R.S. 12-348
Award of fees and other expenses against the state or a city, town or county; reduction or denial of award; application; basis for amount of award; source of award; definitions
A. In addition to any costs which are awarded as prescribed by statute, a court shall award fees and other expenses to any party other than this state or a city, town or county which prevails by an adjudication on the merits in any of the following:
1. A civil action brought by the state or a city, town or county against the party.
2. A court proceeding to review a state agency decision pursuant to chapter 7, article 6 of this title or any other statute authorizing judicial review of agency decisions.
3. A proceeding pursuant to section 41-1034.
4. A special action proceeding brought by the party to challenge an action by the state against the party.
5. An appeal by the state to a court of law from a decision of the personnel board under title 41, chapter 4, article 6.
6. A civil action brought by the party to challenge the seizure and sale of personal property by the state or a city, town or county.
B. In addition to any costs which are awarded as prescribed by statute, a court may award fees and other expenses to any party, other than this state or a city, town or county, which prevails by an adjudication on the merits in an action brought by the party against this state or a city, town or county challenging:
1. The assessment or collection of taxes or in an action brought by this state or a city, town or county against the party to enforce the assessment or collection of taxes.
2. The adequacy or regularity of notice of delinquent taxes.
3. The regularity of sales of property for delinquent taxes.
C. The court in its discretion may deny the award provided for in this section or may reduce the award if it finds that any of the following applies:
1. During the course of the proceeding the prevailing party unduly and unreasonably protracted the final resolution of the matter.
2. The reason that the party other than the state or a city, town or county has prevailed is an intervening change in the applicable law.
3. The prevailing party refused an offer of civil settlement which was at least as favorable to the party as the relief ultimately granted.
D. A party may apply pursuant to the applicable procedural rules for an award of attorney fees and other expenses authorized under this section and shall include as part of the application evidence of the party's eligibility for the award and the amount sought, including an itemized statement from the attorneys and experts stating the actual time expended in representing the party and the rate at which the fees were computed.
E. The court shall base any award of fees as provided in this section on prevailing market rates for the kind and quality of the services furnished, except that:
1. An expert is not eligible for compensation at a rate in excess of the highest rate of compensation for experts paid by this state or a city, town or county.
2. Except for awards made pursuant to subsection B of this section, the award of attorney fees may not exceed the amount which the prevailing party has paid or has agreed to pay the attorney or a maximum amount of seventy-five dollars per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceeding involved, justifies a higher fee.
3. For awards made pursuant to subsection B of this section, the award of attorney fees may not exceed the amount which the prevailing party has paid or agreed to pay the attorney or a maximum amount of one hundred seventy-five dollars per hour.
4. Except for awards made pursuant to subsection B of this section, an award of fees against a city, town or county as provided in this section shall not exceed ten thousand dollars.
5. For awards made pursuant to subsection B of this section, an award of fees against the state or a city, town or county shall not exceed thirty thousand dollars for fees incurred at each level of judicial appeal.
F. The particular state agency over which a party prevails shall pay the fees and expenses awarded as provided in this section from any monies appropriated to the agency for that purpose. If no agency is involved or if an agency fails or refuses to pay fees and other expenses within thirty days after demand by a person who has received an award pursuant to this section, and if no further review or appeals of the award are pending, the person may file a claim for the fees and other expenses with the department of administration, which shall pay the claim within thirty days, in the same manner as an uninsured property loss under title 41, chapter 3.1, article 1. If, at the time the agency failed or refused to pay the award, it had appropriated monies either designated or assignable for the purpose of paying awards, the legislature shall reduce the agency's operating appropriation for the following year by the amount of the award and shall appropriate the amount of the reduction to the department of administration as reimbursement for the loss.
G. A city, town or county shall pay fees and expenses awarded as provided in this section within thirty days after demand by a party who has received an award if no further review or appeal of the award is pending.
H. This section does not:
1. Apply to an action arising from a proceeding before this state or a city, town or county in which the role of this state or a city, town or county was to determine the eligibility or entitlement of an individual to a monetary benefit or its equivalent, to adjudicate a dispute or issue between private parties or to establish or fix a rate.
2. Apply to proceedings brought by this state pursuant to title 13 or 28.
3. Entitle a party to obtain fees and other expenses incurred in making an application for an award pursuant to this section for fees and other expenses.
4. Apply to proceedings involving eminent domain, foreclosure, collection of judgment debts or proceedings in which the state or a city, town or county is a nominal party.
5. Personally obligate any officer or employee of this state or a city, town or county for the payment of an award entered under this section.
6. Apply, except as provided in subsection A, paragraph 5 of this section, to proceedings involving the personnel board under title 41, chapter 4, article 6.
7. Apply to proceedings brought by a city, town or county pursuant to title 13 or 28.
8. Apply to proceedings brought by a city, town or county on collection of taxes or pursuant to traffic ordinances or to criminal proceedings brought by a city, town or county on ordinances which contain a criminal penalty or fine for violations of those ordinances.
I. As used in this section:
1. "Fees and other expenses" means the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test or project which the court finds to be directly related to and necessary for the presentation of the party's case and reasonable and necessary attorney fees, and in the case of an action to review an agency decision pursuant to subsection A, paragraph 2 of this section, all fees and other expenses that are incurred in the contested case proceedings in which the decision was rendered.
2. "Party" means an individual, partnership, corporation, association or public or private organization.
3. "State" means this state and any agency, officer, department, board or commission of this state.
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A.R.S. 12-349
Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
A. Except as otherwise provided by and not inconsistent with another statute, in any civil action commenced or appealed in a court of record in this state, the court shall assess reasonable attorney fees, expenses and, at the court's discretion, double damages of not to exceed five thousand dollars against an attorney or party, including this state and political subdivisions of this state, if the attorney or party does any of the following:
1. Brings or defends a claim without substantial justification.
2. Brings or defends a claim solely or primarily for delay or harassment.
3. Unreasonably expands or delays the proceeding.
4. Engages in abuse of discovery.
B. The court may allocate the payment of attorney fees among the offending attorneys and parties, jointly or severally, and may assess separate amounts against an offending attorney or party.
C. Attorney fees shall not be assessed if after filing an action a voluntary dismissal is filed for any claim or defense within a reasonable time after the attorney or party filing the dismissal knew or reasonably should have known that the claim or defense was without substantial justification.
D. This section does not apply to the adjudication of civil traffic violations or to any proceedings brought by this state pursuant to title 13.
E. Notwithstanding any other law, this state and political subdivisions of this state may be awarded attorney fees pursuant to this section.
F. In this section, "without substantial justification" means that the claim or defense constitutes harassment, is groundless and is not made in good faith.
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A.R.S. 12-350
Determination of award; reasons; factors
In awarding attorney fees pursuant to section 12-349, the court shall set forth the specific reasons for the award and may include the following factors, as relevant, in its consideration:
1. The extent of any effort made to determine the validity of a claim before the claim was asserted.
2. The extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses found not to be valid.
3. The availability of facts to assist a party in determining the validity of a claim or defense.
4. The relative financial positions of the parties involved.
5. Whether the action was prosecuted or defended, in whole or in part, in bad faith.
6. Whether issues of fact determinative of the validity of a party's claim or defense were reasonably in conflict.
7. The extent to which the party prevailed with respect to the amount and number of claims in controversy.
8. The amount and conditions of any offer of judgment or settlement as related to the amount and conditions of the ultimate relief granted by the court.
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A.R.S. 12-351
Costs of compliance with subpoena for production of documentary evidence; payment by requesting party; definitions
A. All reasonable costs incurred in a civil action by a witness who is not a party to the action with respect to the production of documents pursuant to a subpoena for the production of documentary evidence shall be charged against the party requesting the subpoena if the witness submits an itemized statement to the requesting party stating the reproduction and clerical costs incurred by the witness.
B. If a subpoena is served to compel the production of documents and is subsequently withdrawn, quashed, modified or limited other than by the witness, the witness is entitled to reimbursement pursuant to subsection A for all reasonable costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn, quashed, modified or limited.
C. The requesting party is not required to pay the reasonable costs before the documents are available for delivery pursuant to the subpoena. The witness may demand payment of the reasonable costs simultaneously with actual delivery of the subpoenaed documents.
D. The requesting party may petition the court in which the action is pending to recover from the witness all or a part of the costs paid to the witness or to reduce all or a part of the costs charged by the witness pursuant to this section if these costs were excessive.
E. If the personal attendance of the witness is not required, the witness may only receive payment pursuant to this section.
F. In this section unless the context otherwise requires:
1. "Reasonable costs" means ten cents for each page of standard reproduction of documents and the actual costs for reproduction of documents which require special processing plus the reasonable clerical costs incurred in locating and making the documents available billed at the rate of ten dollars per hour per person.
2. "Requesting party" means a party requesting issuance of a subpoena for production of documentary evidence.
3. "Witness" means a person who is directed to produce documents by a subpoena for the production of documentary evidence.
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