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A.R.S. § 12-404

Action brought in wrong county; jurisdiction; application for transfer; hearing

Applied in 6 court decisions — leading case Kelvin Bourke v. Grey Wolf Drilling Company, LP, Now Known as Precision Drilling Company, LP (2013)

Most recently applied in Kelvin Bourke v. Grey Wolf Drilling Company, LP, Now Known as Precision Drilling Company, LP (July 2013)

How often courts cite this section

19721980199020002010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.