Arizona Courts & Civil Procedure

The state courts system in Arizona consists of five distinct jurisdictions:

• City Court
• Justice Court
• Superior Court
• Courts of Appeal
• Supreme Court.

Whether a matter is heard in one court or another depends upon a variety of factors, including whether state or local laws are at issue, the dollar amount of the claim, and whether the matter is being appealed.

Arizona City Courts (also known as Municipal Court or Magistrates Court) handle a limited range of criminal and civil matters, and are known as inferior courts or courts of limited jurisdiction. 

• City Courts hear misdemeanor criminal traffic cases (e.g., driving under the influence of alcohol, hit-and-run and reckless driving where no serious injuries occur) and civil traffic cases (e.g., violations of city ordinances, issue orders of protection and injunctions prohibiting harassments). They may also issue search warrants. 
• City Courts do not hear civil lawsuits between citizens.
• City Courts share jurisdiction with Justice Courts over violations of state law committed within the city.

City Court Judges

• The city charter or ordinances establish qualifications. Some cities do not require municipal court judges to be attorneys.
• In Arizona, city councils appoint these judges (except in Yuma, where they are elected).
• Terms are set by the city council but must be at least two years.
• Court clerks provide assistance to the judges, including scheduling cases. In larger cities, there may also be court administrators.

See below for links to a few Arizona City Courts. To locate other city courts, run a Google search for the city and add the phrase city court or municipal court (e.g., Kingman City Court).

• Flagstaff Municipal Court
• Phoenix Municipal Court
• Prescott City Court
• Tucson City Court

For more details on City Courts:

• Municipal Court Governance Roles & Responsibilities from the Arizona Administrative Office of the Courts (AOC).
• Guidelines for Arizona Courts: Open, Close, Consolidate, and Co-Locate Courts from the Arizona Administrative Office of the Courts (AOC)

Arizona Justice Courts handle a limited range of criminal and civil matters, and are known as inferior courts or courts of limited jurisdiction.

Justice of the Peace

• The judge who presides over Justice Court in each Arizona county.
• Must be a registered voter in Arizona, reside in their justice court precinct, and understand the English language.
• Elected for a 4-year term.
• No requirement that a Justice Court judge be an attorney, although some are.

Justice Court Civil Jurisdiction -- hear cases when the amount in dispute is $10,000 or less, including:

• Landlord & tenant issues and eviction actions
• Collection cases
• Complaints against businesses by consumers
• Negligence actions, such as motor vehicle accidents
• Breach of contract cases

Small Claims Court -- Justice Courts also hear small claims cases

• Cases where the amount in dispute is $3,500 or less.
• More informal than regular courtroom proceedings.
• Usually do not involve attorneys
• No appeal from a decision

Justice Court Criminal Jurisdiction -- hear every type of crime that is a misdemeanor under state law, including:

• Assault and battery
• DUI 
• Bad checks
• Violations of orders of protection or injunctions against harassment
• Underage drinking

Some Justices of the Peace:

• May conduct preliminary hearings on felonies
• Hear every type of civil and criminal and traffic violations

Justice of the Peace precincts often have an elected Constable whose duties include executing, serving, and returning all processes and legal documents directed by the court. 

Court Clerks provide assistance to the Justices of the Peace and maintain court records. In larger courts, there may also be a Court Administrator.

Some Justice Court websites below. To locate other Justice Courts, enter the county name followed by the phrase Justice Court.

• Coconino County Justice Courts
• Maricopa County Justice Courts
• Pima County Justice Courts
• Yavapai County Justice Courts

Arizona Superior Courts are the trial court for many civil and criminal matters in Arizona and is known as a court of general jurisdiction.

It is also called a court of record, meaning that its decisions are preserved as part of the public record. However, this does not mean they are published. You will not find them in case reporter volumes in the law library. To access records of these proceedings, you can do a record search on the website of the City Clerk or contact that office.

Every county in Arizona has at least one judge who sits on the Superior Court bench. The Superior Court also functions as an appellate level court for judgments arising from inferior courts.

Arizona Courts of Appeal consist of two divisions:

• Division 1, which serves northern and central counties, based in Phoenix.
• Division 2, which serves southern Arizona counties, based in Tucson

The Court of Appeals provides for review of all civil judgments arising from Superior Court and for all criminal judgments except those where the death sentence has been imposed (those judgments are automatically appealed directly to the Supreme Court.

The Supreme Court of Arizona is the court of final review of lower court decisions and is also the rule-making body for all Arizona courts.

It consists of seven members including a chief justice and a vice-chief justice.

Sometimes, the entire bench decides a case (en banc), but only three members are needed for a "en banc" decision to be made.