New Process for Submitting Exhibits

Hearings set after August 1, 2024, will use Case Center for exhibit submission except for commissioner cases or Lower Court Appeal cases.

About the Civil Department

The Civil Department handles cases between individuals, businesses and corporations, partnerships and government entities. The court is responsible for the fair and lawful resolution of things like:

Contract Disputes
Contract Disputes
Personal Injury Claims
Personal Injury Claims
Property Damage
Property Damage
Medical Malpractice
Medical Malpractice

Civil Department Services

Commercial

The commercial court helps provide quick, cost-effective methods of resolving commercial disputes.

Commercial

Arbitration

Compulsory arbitration is a mandatory program for disputes valued under $50,000. It can help lower costs and provide quick resolutions to lower-level disputes.

Commercial

Civil Department Frequently Asked Questions

Visit the Law Library Resource Center Civil Court Forms page for forms including:

  • Civil Complaint
  • Name Change
  • Birth Certificate/Marriage License
  • Garnishment
  • and more...

Justice Courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorneys' fees (where authorized by law), is $10,000 or less.

The Superior Court has general jurisdiction, including civil proceedings where the amount involved exceeds $10,000.

For all other cases that Superior Court accepts, please visit the Clerk of Superior Court's webpage for Civil Case Filing Options and Arizona Supreme Court

Pursuant to Arizona Supreme Court's Administrative Orders, generally all documents filed by an attorney must be filed electronically.

The Administrative Order recognizes an exception for Civil Court Commissioner Default Packets and Garnishment packets. The documents must be filed electronically, but the packets containing proof of filing of the documents must be submitted to the civil commissioner's divisions. 

View more information E-File visit:

A case may be assigned to a Judge or a Commissioner, and the assignment may change depending on the case status or procedure.

Judges

Judges are assigned to the following matters:

  • Temporary Restraining Orders
  • Orders to Show Cause
  • Pretrial Conferences
  • Trials
  • Any dispositive motions, such as but not limited to, summary judgments, placement on the inactive calendar, motions to dismiss.

Search the Judicial Branch of Arizona in Maricopa County docket to access Civil Court Case Information and identify the assigned judge.

Commissioners

Commissioners are assigned to the following matters:

  • Judgment Debtor Exams
  • Changes of Names
  • Forcible Detainers
  • Garnishments
  • Defaults
  • Injunctions Against Harassment
  • Orders of Continuing Lien
  • Amended Marriage License
  • Amended Birth Certificates

  1. Visit the Public Access to Civil Court Case Information page and perform a search for your case. 
  2. After locating your case by performing a search, look in the right-hand corner under "JO" to locate the Judicial Officer's name.

Visit the Law Library Resource Center's page on How to Serve Court Papers on Other Parties in Civil Cases.

The common practice is to use a registered private process server or the sheriff to serve a summons or complaint. In most instances a fee will be charge for the service.

The Court cannot recommend the name of a process server.

Corporations

If you are a corporation, the law requires that the corporation be represented by an attorney.

Individuals

If you an individual, you may be represented by an attorney or you may represent yourself.

If you represent yourself, you will be responsible to know and follow the Rules of Court. Please check the Arizona Rules of Court as to how to proceed with your case. Generally, a person must "appear" by filing a "notice of appearance" with the court and also defend (known as "answer" the complaint) within 20 days (in state) and 30 days (out of state).

View the Arizona Court Rules Forum webpage for more information about court rules.

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is an umbrella term for a full range of dispute resolution methods, both private and court-connected, designed to help parties resolve their conflicts. In the courts of Maricopa County, ADR supports a wide range of alternative programs to assist parties in settling pending court disputes without resorting to trial.

Learn more about Alternative Dispute Resolution programs at the Judicial Branch of Arizona in Maricopa County.

Arbitration

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. Arbitration can be chosen for matters which only involve money, the amount of which does not exceed $50,000.

Please remember that all cases may present a variety of issues. The Court attempts to handle each consistently based upon the issues presented.

View the Arbitration Flow Chart for information on how cases assigned to arbitration will be processed.

View the Non-Arbitration Flow Chart for information on how cases not assigned to arbitration will be processed.

Visit the Law Library Resource Center's Writing Tools and Dictionaries resource page for links to access dictionaries, thesaurus, citators, and grammar and punctuation guide.

If the court reduces the percentage amount to be garnished from my disposable income, will my employer return to me any funds withheld in excess of the new percentage amount ordered by the court?

Yes, assuming the employer has simply withheld the funds and has not yet dispersed them to the creditor.

If I am divorced, is my ex-spouse held responsible for debts incurred during the marriage?

Visit the Law Library Resource Center's information about garnishment on the Civil Court Forms page.

How soon will a hearing be scheduled once I file a garnishment objection or request for garnishment hearing?

A hearing should be scheduled within ten business days of receiving the objection/request for hearing.

Will the garnishment of my wages stop once I file a request for hearing?

No, the wages will be held until your employer receives an order from the Court.

Where are my garnished wages held?

Garnished wages are held by the garnishee until disbursed.

Can I stop my wages from being garnished before the hearing?

Generally, the withholding of the wages, known as the garnishment, will continue until an Order stopping or reducing the amount of the garnishment is signed by the Court.

How long do I have to file a request for a hearing on my garnishment?

A Party may within ten (10) days after receipt of the answer, file a written objection and request for hearing with the Clerk of the Superior Court. A.R.S. §12-1580 (A).

If the amount of my garnishment is reduced, will I receive funds that have been held in excess of that amount?

Generally, if the employer is still holding the funds and has not yet dispersed them to the creditor, you will receive the excess.

Where can I find the Default packet cover sheet?

Visit the Law Library Resource Center's Civil Court Forms page for all Civil forms.

How do I know when the Judge will rule on the merit once I have filed the Application for Entry of Default?

The Clerk of the Superior Court will not enter separate Entry of Default, even if one is submitted with the Application for Entry of Default; it considers the filing of the application sufficient to constitute entry of default which will become effective ten (10) days thereafter.

How do I know when the Judge will rule on the Application for Entry of Default?

A judicial officer will not sign an Entry of Default. Further, the Clerk of the Superior Court will not enter a separate Entry of Default, even if one is submitted with the Application for Entry of Default; the default becomes effective ten (10) days after the application is properly submitted to the court.

Civil Department Additional Resources

The civil commissioners for the Superior Court preside over the following items:

  • Name Change for an Adult
  • Name Change for a Minor Child
  • Name Change for a Family
  • Amended Birth Certificate for Adult
  • Amended Birth Certificate for Minor Child
  • Amended Marriage License
  • Default
  • Forcible Detainer

If you need to schedule a hearing assigned to a civil commissioner call (602) 506-1497 on Monday thru Friday from 8am to 5pm

This repository provides information on the decisions for commercial court cases. Please note that cases ruled on prior to July 1, 2015, may not have information available. You will need to have Westlaw access in order to use the repository.

If you file for a restraining order or preliminary injunction and need an emergency hearing, you must email your documents to civilemergencies@jbazmc.maricopa.gov.

Civil Department Leadership

Hon. Danielle Viola

Presiding Judge

Luke Emerson

Department Administrator

Contact the Civil Department