Arizona Revised Statutes

Ariz. Rev. Stat. § 12-1176 (2026)

Demand for jury; trial procedure

✓ current as of May 2026
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A. If a jury trial is requested by the plaintiff, the court shall grant the request.  If the proceeding is in the superior court, the jury shall consist of eight persons, and if the proceeding is in the justice court, the jury shall consist of six persons. The trial date shall be no more than five judicial days after the aggrieved party files the complaint.

B. If the plaintiff does not request a jury, the defendant may do so on appearing and the request shall be granted.

C. The action shall be docketed and tried as other civil actions.

 

Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1974–2023 · leading case: Mason v. Cansino, 990 P.2d 666 (Ariz. Ct. App. 1999).
Mason v. Cansino, 990 P.2d 666 (Ariz. Ct. App. 1999). · cites it 4× “The Masons respond that the Cansinos waived their right to a jury trial under A.R.S. § 12-1176(B) because they failed to request one, and because only issues of law were presented at the trial, a jury was not necessary.”
Pernell v. Southall Realty, 416 U.S. 363 (1974). “, Ariz. Rev. Stat. Ann. § 12-1176 (1956); Cal.”
Socaa v. Dtt Acc (Ariz. Ct. App. 2021). · cites it 16× “Right to Jury Trial Under A.R.S. § 12-1176. ¶13 Dakota argues that A.”
Secure Ventures v. Johnson (Ariz. Ct. App. 2020). · cites it 4× “Jury Trial ¶20 Finally, the Johnsons contend that the superior court improperly denied their request for a jury trial because A.R.S. § 12-1176 mandates that a jury trial be provided upon request: “If the plaintiff does not request a jury, the defendant may do so on appearing and…”
Cruger v. Blansette (Ariz. Ct. App. 2022). · cites it 4× “While A.R.S. § 12-1176 liberally confers a jury trial right to litigants in a forcible detainer action, A.”
Cruger v. Blansette (Ariz. Ct. App. 2021). · cites it 3× “¶8 This case turns on whether the superior court's denial of a jury trial was contrary to A.R.S. § 12-1176. "Interpreting rules, statutes, and constitutional provisions raises questions of law, which we review de novo.”
Helmer v. Padilla (Ariz. Ct. App. 2023). · cites it 3× “DISCUSSION ¶6 Occupants contend that the superior court erred in its application of Rules 11(c) and (e) of the Arizona Rules of Eviction Procedure and Section 12-1176(B) by denying their request for a jury trial before issuing its FED judgment.”
Edwards v. Magnus (Ariz. Ct. App. 2014). · cites it 2× “2d 906, 910 (1980) (noting 2 Prior to the filing of the motions to dismiss, Edwards filed a demand for a jury trial pursuant to A.R.S. § 12-1176 (2013). Edwards argues the dismissal of his complaint deprived him of his Sixth Amendment right to a fair trial.”
— Ariz. Rev. Stat. § 12-1176(B) — 5 cases
Mason v. Cansino, 990 P.2d 666 (Ariz. Ct. App. 1999). “The Masons respond that the Cansinos waived their right to a jury trial under A.R.S. § 12-1176(B) because they failed to request one, and because only issues of law were presented at the trial, a jury was not necessary.”
Socaa v. Dtt Acc (Ariz. Ct. App. 2021). “Right to Jury Trial Under A.R.S. § 12-1176. ¶13 Dakota argues that A.”
Helmer v. Padilla (Ariz. Ct. App. 2023). “DISCUSSION ¶6 Occupants contend that the superior court erred in its application of Rules 11(c) and (e) of the Arizona Rules of Eviction Procedure and Section 12-1176(B) by denying their request for a jury trial before issuing its FED judgment.”
Cruger v. Blansette (Ariz. Ct. App. 2022). “While A.R.S. § 12-1176 liberally confers a jury trial right to litigants in a forcible detainer action, A.”
Cruger v. Blansette (Ariz. Ct. App. 2021). “¶8 This case turns on whether the superior court's denial of a jury trial was contrary to A.R.S. § 12-1176. "Interpreting rules, statutes, and constitutional provisions raises questions of law, which we review de novo.”
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