The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
DISCLAIMER
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
22-517 - Counterclaims exceeding jurisdiction; procedures; sanctions for improper assertion
22-517. Counterclaims exceeding jurisdiction; procedures; sanctions for improper assertion
A. In any action where a counterclaim is asserted and the amount involved in the counterclaim exceeds the jurisdictional amount of the small claims division, the court shall at once terminate the designation as a small claim action, and the action shall proceed in accordance with the rules relating to all other civil actions.
B. If, at any stage during the proceedings subsequent to the termination of the small claims designation as provided in subsection A, the justice of the peace or superior court judge determines that the amount actually involved in the counterclaim is not in excess of the exclusive civil jurisdictional amount of the small claims division, the action shall be reinstated in either the small claims division as a designated small claim action or in the justice court as a regular civil action.
C. If the court makes a determination as provided in subsection B of this section that results in a reinstatement of the small claims designation and further determines that the amount requested in the counterclaim was asserted for the sole purpose of avoiding small claims proceedings, the court so finding shall award the plaintiff costs plus actual reasonable attorney fees incurred in defending the counterclaim.