The problem of recovering litigation costs drives many of the claims for imaginative damages. Contingent fees create an undue emphasis on the extent of the plaintiff's damages, and they encourage the filing and prosecution of cases with large damages but little negligence.
12-341 - Recovery of costs. The successful party to a civil action shall recover from his adversary all costs expended or incurred therein unless otherwise provided by law.
In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees.
12-341.01 - Recovery of attorney fees. A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees.
In Arizona, A.R.S. § 12.341. 01 provides that the prevailing party in a lawsuit may recover its attorney's fees in any action arising out of a contract.
A civil action filed in a limited jurisdiction court is a claim against another party for damages of an amount up to $10,000.00. These lawsuits are designed to resolve civil disputes before a justice of the peace. Parties in a civil lawsuit may be represented by attorneys and appeal their case to a higher court.
Nonlawyers can have economic ownership in the business, but only lawyers and other individuals licensed or certified by the Arizona Supreme Court may provide legal services. At least one lawyer licensed to practice law in Arizona must be appointed by the ABS to serve as its compliance lawyer.
The Fines / Fees and Restitution Enforcement Program (FARE) is a statewide initiative of the Arizona Judicial branch. The program was established to hold offenders accountable for financial obligations owed, to assist in the enforcement of court orders, and to increase collections in the Arizona Court system.