Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-1310 (2026)

Finding for plaintiff; property in possession of defendant; election to take value or property

✓ current as of May 2026
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If judgment is against the defendant and at the time thereof he is in possession of the property by reason of the redelivery bond, the judgment shall be against the defendant and the sureties on his bond for the value of the property, the damages for its detention and costs, and for the return of the property to the plaintiff at a time and place therein named, and upon the same terms and conditions the plaintiff shall be given the same election as is given heretofore in this article to a prevailing defendant.

Notes of Decisions
Cited in 4 cases, 1963–1982 · leading case: United Producers & Consumers Coop., Inc. v. O'Malley, 436 P.2d 575 (Ariz. 1968).
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United Producers & Consumers Coop., Inc. v. O'Malley, 436 P.2d 575 (Ariz. 1968). · cites it 8× “On appeal this Court reversed the judgment and remanded the cause to the trial court with directions to make further findings on the value of the property and the actual damages for its detention, in accordance with A.R.S. § 12-1310. O’Malley v. United Producers & Consumers…”
Moore v. State, 656 P.2d 646 (Ariz. Ct. App. 1982). · cites it 2× “The supreme court pointed out that under A.R.S. § 12-1310 the usual measure of damages in a replevin action is the value of the article at the time of trial, plus damages for its wrongful detention.”
O'Malley v. United Producers & Consumers Coop., Inc., 387 P.2d 1016 (Ariz. 1963). · cites it 2× “The judgment is therefore reversed and remanded to the trial court with directions to make further findings, in accordance with A.R.S. § 12-1310, on the value of the property and the actual damages for its detention.”
Schatt-Ajax Indus. v. Churchill, 411 P.2d 457 (Ariz. Ct. App. 1966). “§ 12-1307 to § 12-1310 inclusive, by taking into consideration their value in place at the time of the bringing of the action.”
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