Arizona Revised Statutes
Ariz. Rev. Stat. § 12-322 (2026)
Notice of prepayment; effect of failure to pay
✓ current as of May 2026
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A. The clerk of the supreme court, upon receipt of the index of record on an appeal, shall notify the appellant or the appellant's attorney that the record has been received and will be filed upon payment of the fee provided in section 12-321. If the fee is not paid within ten days after receiving notice, the appeal shall be deemed abandoned and the record returned to the court from which it came, and the judgment may be enforced as if no appeal had been taken.
B. The clerk, in like manner, shall notify the appellee or the appellee's attorney of the time of filing the index of record, and unless the fee provided in section 12-321 is paid within ten days after the filing, the appellee shall not be entitled to be heard.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1966–2025 · leading case: Drozda v. McComas, 887 P.2d 612 (Ariz. Ct. App. 1994).
Drozda v. McComas, 887 P.2d 612 (Ariz. Ct. App. 1994). “” The rule states, in part: If the judgment finally obtained is equal to, or more favorable to the offeror than, the offer, the offeree must pay, as a sanction, those reasonable expert witness fees and double the taxable costs of the offeror, as defined in A.R.S. § 12-322,…”
Metzler v. Bci Coca-Cola Bottling Co. of Los Angeles, Inc., 329 P.3d 1043 (Ariz. 2014). “the offeree must pay, as a sanction, reasonable expert witness fees and double the taxable costs, as defined in A.R.S. § 12-322, incurred by the offeror after making the offer and prejudgment interest on un-liquidated claims to accrue from the date of the offer.”
Salt River Proj. Agric. Improvement & Power Dist. v. Miller Park, L.L.C., 164 P.3d 667 (Ariz. Ct. App. 2007). “We thus remand to the superior court for entry of an amended judgment awarding Miller Park its reasonable expert witness fees and double its taxable costs awarded to it under A.R.S. § 12-322. However, Miller Park is not entitled to an award of prejudgment interest as a sanction…”
Hunt Inv. Co. v. Eliot, 742 P.2d 858 (Ariz. Ct. App. 1987). “The issues raised on appeal are: (1) Whether reimbursement of costs incurred by the plaintiff is limited to *359 “taxable costs,” as set forth in A.R.S. § 12-322, and (2) Whether the trial court abused its discretion by reducing the amount of attorney’s fees requested by…”
Arizona Podiatry Ass'n v. Dir. of Ins., 422 P.2d 108 (Ariz. 1966). “§ 12-322 5. § 13-1719 10. § 12-323 NOTES [1] A.”
Watts v. Indus. Comm'n, 885 P.2d 1077 (Ariz. 1994). “We note that § 12-322 expressly provides for the abandonment of civil appeals upon the failure to pay the fee required by § 12-321(A) within 30 days of notice by the clerk.”
Siqueiros v. Valenzuela (Ariz. Ct. App. 2023). “See A.R.S. § 12-322(A). ¶4 On January 31, the superior court awarded Wife over $5,000 in reasonable attorney’s fees.”
Sanchez-Ravuelta v. Yavapai (Ariz. 2025). “” 1 1 The court of appeals later deemed this notice of appeal abandoned under A.R.S. § 12-322(A) (providing that an “appeal shall be deemed abandoned” if appellant fails to pay filing fee in a timely manner).”
— Ariz. Rev. Stat. § 12-322(A) — 2 cases
Siqueiros v. Valenzuela (Ariz. Ct. App. 2023). “See A.R.S. § 12-322(A). ¶4 On January 31, the superior court awarded Wife over $5,000 in reasonable attorney’s fees.”
Sanchez-Ravuelta v. Yavapai (Ariz. 2025). “” 1 1 The court of appeals later deemed this notice of appeal abandoned under A.R.S. § 12-322(A) (providing that an “appeal shall be deemed abandoned” if appellant fails to pay filing fee in a timely manner).”
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