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.
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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.
12-1560 - New trial after service by publication; superseding judgment
12-1560. New trial after service by publication; superseding judgment
A. When judgment has been rendered on service by publication, and defendant has not appeared, a new trial may be granted upon application of defendant for good cause shown by affidavit, made within one year after rendition of judgment.
B. Execution of the judgment shall not be stayed unless defendant gives bond, approved by the clerk of the superior court, in double the amount of the judgment or value of the property adjudged, payable to plaintiff in the judgment, conditioned that the party will prosecute the application for new trial to effect, and will satisfy such judgment as may be rendered by the court against him.
C. When property has been sold under the judgment and execution before the process was stayed, defendant, if he defeats plaintiff's action, shall not recover the property so sold, but shall have judgment against plaintiff in the judgment for the proceeds of the sale.