Arizona § 12-349 - Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
Full text of Arizona Arizona Revised Statutes § 12-349 — Unjustified actions; attorney fees, expenses and double damages; exceptions; definition, with citation guidance and answers to common questions.
§ 12-349. Unjustified actions; attorney fees, expenses and double damages; exceptions; definition
A. Except as otherwise provided by and not inconsistent with another statute, in any civil action commenced or appealed in a court of record in this state, the court shall assess reasonable attorney fees, expenses and, at the court's discretion, double damages of not to exceed five thousand dollars against an attorney or party, including this state and political subdivisions of this state, if the attorney or party does any of the following:
1. Brings or defends a claim without substantial justification.
2. Brings or defends a claim solely or primarily for delay or harassment.
3. Unreasonably expands or delays the proceeding.
4. Engages in abuse of discovery.
B. The court may allocate the payment of attorney fees among the offending attorneys and parties, jointly or severally, and may assess separate amounts against an offending attorney or party.
C. Attorney fees shall not be assessed if after filing an action a voluntary dismissal is filed for any claim or defense within a reasonable time after the attorney or party filing the dismissal knew or reasonably should have known that the claim or defense was without substantial justification.
D. This section does not apply to the adjudication of civil traffic violations or to any proceedings brought by this state pursuant to title 13.
E. Notwithstanding any other law, this state and political subdivisions of this state may be awarded attorney fees pursuant to this section.
F. For the purposes of this section, "without substantial justification" means that the claim or defense is groundless and is not made in good faith.
Source: official Arizona text · Last verified 2026-08-27
Frequently Asked Questions About Arizona § 12-349
What does Arizona Revised Statutes § 12-349 cover?
Section 12-349 ("Unjustified actions; attorney fees, expenses and double damages; exceptions; definition") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arizona § 12-349?
A common citation format is "Arizona Revised Statutes § 12-349" (Arizona). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arizona law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.
How does Arizona § 12-349 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arizona.