Injury Law 11 (Title 12)
A.R.S. 12-821
General limitation; public employee
All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.
Comment: Most legal claims have a time limit on which they can be brought in the proper jurisdiction. Arizona uses a uniform timeline of one year for claims against any government or government employee.
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A.R.S. 12-821.01
Authorization of claim against public entity or public employee
A. Persons who have claims against a public entity or a public employee shall file claims with the person or persons authorized to accept service for the public entity or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity or public employee to understand the basis upon which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
B. For purposes of this section, a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition which caused or contributed to the damage.
C. Notwithstanding subsection A, any claim which must be submitted to a binding or nonbinding dispute resolution process or an administrative claims process or review process pursuant to a statute, ordinance, resolution, administrative or governmental rule or regulation, or contractual term shall not accrue for the purposes of this section until all such procedures, processes or remedies have been exhausted. The time in which to give notice of a potential claim and to sue on the claim shall run from the date on which a final decision or notice of disposition is issued in an alternative dispute resolution procedure, administrative claim or review process. This provision shall not be construed to prevent the parties to any contract from agreeing to extend the time for filing such notice of claim.
D. Notwithstanding subsection A, a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases.
E. A claim against a public entity or public employee filed pursuant to this section is deemed denied sixty days after the filing of the claim unless the claimant is advised of the denial in writing before the expiration of sixty days.
F. This section shall apply to all causes of action which accrue on or after the effective date of this section.
Comment: This is a very important statute for anyone who may have a claim against a governmental entity in Arizona. The government entity must receive notice (typically on some sort of specific form) of a potential claim against it within 180 days from the date of accident, injury, etc.
A.R.S. 12-822
Change of venue
A. Service of summons in an action against any public entity or public employee involving acts that are alleged to have occurred within the scope of the public employee's employment shall be made pursuant to Arizona rules of civil procedure.
B. In an action against this state upon written demand of the attorney general, made at or before the time of answering, served upon the opposing party and filed with the court where the action is pending, the place of trial of any such action shall be changed to Maricopa county.
Comment: This statute focuses on where civil actions against government entities are brought.
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A.R.S. 12-823
Judgment for plaintiff; amount; interest and costs
If judgment is rendered for the plaintiff, it shall be for the amount actually due from the public entity to the plaintiff, with legal interest thereon from the time the obligation accrued and with court costs.
Comment: If a plaintiff is successful in his/her claim against a government entity in Arizona, this discusses the compensation involved.
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