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A.R.S. § 12-1181: Eviction Appeal & Writ of Restitution

Trial and judgment on appeal; writ of restitution

Plain-English summaryGenerated from this section's own text, checked against it. Not legal advice. How we write these

If the superior court on appeal rules that the appellee who was kept out of the property has the right to possession, the appellee is entitled to damages for the withholding of possession during the appeal plus costs, with judgment against the appellant and the sureties on the bond, and the clerk of the superior court issues the writ of restitution or execution to be carried out by the sheriff or constable.

Full statute text

Official text last checked against azleg.gov:

12-1181. Trial and judgment on appeal; writ of restitution

A. On trial of the action in the superior court, appellee, if out of possession and the right of possession is adjudged to him, shall be entitled to damages for withholding possession of the premises during pendency of the appeal and the court shall also render judgment in favor of appellee and against appellant and the sureties on his bond for damages proved and costs.

B. The writ of restitution or execution shall be issued by the clerk of the superior court and shall be executed by the sheriff or constable as in other actions.

AI-drafted summary, not attorney-reviewed. Statute text verified against azleg.gov. Legal information, not legal advice — consult a licensed attorney for your situation.

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