Arizona Revised Statutes
Ariz. Rev. Stat. § 12-1840 (2026)
Costs
✓ current as of May 2026
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In any proceeding under this article the court may make such award of costs as may seem equitable and just.
Notes of Decisions
Cited in 9
cases (8 in the last 5 years), 1975–2025 · leading case: State Farm Mut. Auto. Ins. v. O'Brien, 535 P.2d 46 (Ariz. Ct. App. 1975).
State Farm Mut. Auto. Ins. v. O'Brien, 535 P.2d 46 (Ariz. Ct. App. 1975). “A.R.S. § 12-1840 provides that the court may, in declaratory actions, award costs as may seem just and equitable.”
Matthew Wakely v. Todd Howard (Ariz. 2022). “Howard’s Motion to Dismiss and request for taxable costs under A.R.S. § 12-1840 were denied. Mr. Howard appealed.”
Robert Burns v. Arizona Pub. Serv. Co (Ariz. 2022). “01, and costs under A.R.S. § 12-1840. CONCLUSION ¶40 We vacate the opinion of the court of appeals, reverse the superior court’s denial of summary judgment on the issues before us, and remand the case to that court for any further proceedings consistent with this ruling.”
Robert Burns v. Arizona Pub. Serv. Co (Ariz. 2022). “01, and costs under A.R.S. § 12-1840. CONCLUSION ¶40 We vacate the opinion of the court of appeals, reverse the superior court’s denial of summary judgment on the issues before us, and remand the case to that court for any further proceedings consistent with this ruling.”
Amy Silverman v. Ades (Ariz. 2024). “ADES requests an award of attorney fees under A.R.S. § 12-1840. Because no party has yet prevailed in this case, we deny ADES’s request.”
Knight v. Ludwig (Ariz. Ct. App. 2024). “¶46 Knight requests an award of attorneys’ fees and costs on appeal under Section 12-1840. This is not a declaratory judgment action, so Section 12-1840 does not apply.”
Nbd Enter., LLC v. James Christopher Arnold; Acp Investments (Ariz. Ct. App. 2025). “01, which permits a court to award fees arising out of contract, and A.R.S. § 12-1840, which permits a court to award costs if “equitable and just” in declaratory-judgment actions.”
Burns v. Apsc (Ariz. Ct. App. 2021). “01, and in the exercise of our discretion, we decline to award fees under § 12-1840. 11 BURNS v. APSC, et al. Opinion of the Court CONCLUSION ¶36 For the foregoing reasons, we affirm.”
Red Moon v. Kreitzman (Ariz. Ct. App. 2025). “384 , 393, ¶ 33 (2024) (denying a fee request under § 12-1840 “[b]ecause no party has yet prevailed in this case”); cf.”
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