A.R.S. 12-352
Medical malpractice judgments; payment of interest; definition
A. Notwithstanding any law to the contrary, in a contested action arising out of a medical malpractice claim the court shall award the payment of interest to the prevailing party at a rate that is equal to three percentage points above the federal postjudgment interest rate in effect on the date judgment is entered. Interest shall only accrue from and after the date judgment is entered until the judgment is paid. If the judgment is reversed or otherwise set aside, no interest shall be paid. The rate for calculating interest that accrues from and after the date judgment is entered shall be adjusted on June 30 and December 31 of each year to equal three percentage points above the federal postjudgment interest rate in effect on the date of adjustment until the judgment is paid. The interest rate specified for purposes of this section shall not exceed nine per cent. Interest shall accrue at each adjusted rate only until the next adjustment. The adjusted interest rate shall not be applied to any preceding six-month period.
B. For the purposes of this section "federal postjudgment rate" means the interest rate established for the federal court system pursuant to 28 United States Code section 1961, as amended.
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A.R.S. 12-401
Venue
No person shall be sued out of the county in which such person resides, except:
1. When a defendant or all of several defendants reside without the state or their residence is unknown, the action may be brought in the county in which the plaintiff resides.
2. A married person may be sued in the county in which such person's spouse resides unless such spouse is living separate and apart from the defendant.
3. Transient persons may be sued in any county in which found.
4. Persons who have contracted a debt or obligation in one county and thereafter remove to another county may be sued in either county.
5. Persons who have contracted in writing to perform an obligation in one county may be sued in such county or where they reside.
6. Persons who have contracted a debt or obligation without the state may be sued in any county in which found.
7. When there are several defendants residing in different counties, action may be brought in the county in which any of the defendants reside.
8. Actions against personal representatives, administrators, guardians and conservators as such, to establish a money demand against the estate represented by them, shall be brought in the county in which the estate is being administered.
9. In cases of fraud and defalcation of public officers action may be brought in the county in which the fraud was committed or the defalcation occurred, or in which the defendant or any of several defendants reside or may be found.
10. When the foundation of the action is a crime, offense or trespass for which an action in damages may lie, the action may be brought in the county in which the crime, offense or trespass was committed or in the county in which the defendant or any of the several defendants reside or may be found, but any action for damages against the editor, proprietor or publisher of a newspaper or periodical published in the state for publication of an alleged libelous statement shall be brought in the county in which the principal publication office of the newspaper or periodical is located or in the county where the plaintiff resided at the time of publication of such statement.
11. Actions for the recovery of personal property may be brought in the county in which the property may be or in which the defendant or any of several defendants may be found.
12. Actions for the recovery of real property, for damages thereto, for rents, profits, use and occupation thereof, for partition thereof, to quiet title thereto, to remove a cloud or incumbrance on the title thereto, to foreclose mortgages and other liens thereon, to prevent or stay waste or injuries thereto, and all other actions concerning real property, shall be brought in the county in which the real property or a part thereof is located.
13. Actions for dissolution of marriage or legal separation shall be brought in the county in which a petitioner is residing at the time the action is filed.
14. Actions to enjoin execution of judgments or to stay proceedings in any action shall be brought in the county in which the judgment was rendered or the action is pending.
15. Actions against counties shall be brought in the county sued unless several counties defendants, when it may be brought in any one of the counties.
16. Actions against public officers shall be brought in the county in which the officer, or one of several officers, holds office.
17. Actions on behalf of the state shall be brought in the county in which the seat of government is located.
18. Actions against railroad companies, insurance companies, telegraph or telephone companies, joint stock companies and other corporations may be brought in any county in which the cause of action, or a part thereof, arose, or in the county in which defendant has an agent or representative, owns property or conducts any business.
19. Where part of a river, watercourse, highway, road or street is the boundary line between two counties, the courts of each of the counties shall have concurrent jurisdiction in actions over such parts of the river, watercourse, highway, road or street.
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A.R.S. 12-402, 12-403
Venue of actions commenced after organization of new county (12-402)
All actions and proceedings, civil and criminal, commenced after the organization of a new county or a county with changed boundaries, shall be begun and proceeded with therein if it would have been the proper county in which to institute the action or proceeding had it been organized before the cause for the proceedings arose.
Transfer of action to new county (12-403)
All actions and proceedings, civil and criminal, pending at the time of the organization of a new county or the changing of county boundaries, if such action or proceeding should have been instituted in the new or changed county had it been organized before the institution thereof, shall be transferred to the new or changed county, and filed, docketed and proceeded with in like courts, or before like officers of the new county. The original papers shall be sent and transferred to the new or changed county, together with authenticated transcripts of the proceedings had therein up to the time of the transfer, and the courts and officers of the new or changed county shall have the same jurisdiction in, and power over, the actions and proceedings as they would have, had they been originally begun in or before them. Any failure or defect in a transcript or the authentication thereof, or transfer, may be cured at any time.
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A.R.S. 12-404
Action brought in wrong county; jurisdiction; application for transfer; hearing
A. If an action is not brought in the proper county, the court shall nevertheless have jurisdiction and may hear and determine the action unless the defendant, before expiration of the time allowed to answer, files with the clerk of the court in which the action is brought an affidavit of the defendant, his agent or attorney, stating that the county in which the action is brought is not the proper county and stating the county of the defendant's residence, and praying that the action be transferred to the proper county.
B. A copy of the affidavit shall be served upon plaintiff, and unless the affidavit is controverted under oath, within five days after service, the court shall order the action transferred to the proper county.
C. If the affidavit is controverted, the court shall hear the issue thus presented and shall order the action retained in the court in which it is brought, or transferred to the proper county.
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