General Information About the Justice Courts
Jurisdiction
The justice courts process a wide variety of case types. Justice Courts have
jurisdiction to hear misdemeanor violations; criminal and civil traffic
violations; civil lawsuits up to $10,000.00; small claims; eviction action
(landlord/tenant) actions for possession of property; orders of protection in
domestic violence cases; and, injunctions prohibiting harassment.
For your information, the following is a brief overview of the types of case
filings and court proceedings handled by justice courts.
Misdemeanors
Misdemeanors are filed with the court either by the
County Attorney or by an officer issuing a citation. These offenses may include
shoplifting; disorderly conduct; minor consumption or possession of alcohol;
indecent exposure, simple assault; and, interfering with judicial proceedings.
Other violations might include game and fish or boating violations; contracting
license violations; and bad check violations, DUI and other criminal traffic
violations, ie., reckless driving, exhibition of speed and driving while license
is suspended or revoked.
The courts issue summons or warrants to secure a defendant’s appearance.
The justice of the peace also issues search warrants and court orders to aid in
criminal investigations. The justice of the peace is on call 24 hours every day
to sign search warrants.
The justice of the peace conducts arraignments, holds pre-trial conferences and
presides over both jury trials and bench trials and sentencing and post judgment
proceedings.
Civil Traffic Cases
The justice of the peace has jurisdiction to hear
all civil traffic violations, except those filed in a municipal court by a
municipal or city law enforcement officer. Hearings are set for defendants who
deny responsibility for the violation. The justice of the peace or a volunteer
civil traffic hearing officer will hear and determine the case. A finding at the
hearing is based on a preponderance of the evidence presented.
Civil Cases - Small Claims Division
Each justice court has a small claims division for
claims not exceeding $2,500.00. The claim must be for a provable monetary
amount, and may not be for actions involving libel, slander, specific
performance, class actions, or injunctive relief. Attorneys may not represent
either party in a small claims action, unless stipulated to by both parties. You
cannot have your small claims case heard before a jury. The decision of the
justice of the peace or a small claims hearing officer is final and cannot be
appealed.
Click here for more information on small claims cases.
Regular Civil Docket
The justice courts have exclusive jurisdiction for
all civil actions when the amount involved, not including court costs or
attorney fees when awarded, is $10,000.00 or less.
The law governing procedure and practice in the superior court, so far as is
applicable, also governs procedure and practice in the justice court.
The courts issue summons, subpoenas, hears motions, renders judgments, and writs
of garnishment, writs of execution, attachment, replevin and restitution.
The justice of the peace presides over both jury trials and bench trials.
Eviction Actions
Justice courts have exclusive jurisdiction to hear eviction actions or special
detainer actions for claims up to $10,000.00. An eviction action or special
detainer action is a landlord/tenant dispute for non-compliance of the rental
agreement and for return of possession of the rental property.
Click here for more information on eviction action or special detainer
actions.
Other Civil Proceedings
The justice of the peace also hears cases involving
livestock liens, disposition of vicious or mistreated animals and post-storage
hearing claims (impounded automobiles).
Petitions for Orders of Protection, Injunctions Prohibiting Harassment and
Injunctions Prohibiting Workplace can be filed and processed in any court in the
State.
Marriage Ceremonies
The Justice of the peace may also perform marriage
ceremonies. Under the authority of the State of Arizona, the Justice of the
peace is authorized to perform a marriage anywhere in the state. Some justice
courts also issue marriage licenses.