Arizona Revised Statutes

Ariz. Rev. Stat. § 12-342 (2026)

Costs on appeal

✓ current as of May 2026

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A. On an appeal by the party against whom judgment was given in the court below, if the judgment of the appellate court is against him, but for a lesser amount, he shall recover costs in the appellate court, but shall be adjudged to pay costs in the court below. If the judgment of the appellate court is against him for the same or a greater amount than in the court below, the adverse party shall recover costs in both courts.

B. On an appeal by the party in whose favor judgment was given in the court below, if the judgment of the appellate court is in his favor for a greater amount, he shall recover costs in both courts. If judgment of the appellate court is in his favor but for the same or less amount than in the court below, he shall recover costs in the court below and pay costs in the court above.

Notes of Decisions

Cited in 201 cases (92 in the last 5 years), 1958–2026 · leading case: Mcdowell Mountain Ranch Cmty. Ass'n v. Simons, 165 P.3d 667 (Ariz. Ct. App. 2007).

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Mcdowell Mountain Ranch Cmty. Ass'n v. Simons, 165 P.3d 667 (Ariz. Ct. App. 2007). · cites it 4× “Pursuant to the terms of the CC & Rs and A.R.S. § 12-342 (2003), we award the Association its attorneys' fees and costs incurred on appeal upon its compliance with Arizona Rule of Civil Appellate Procedure 21.”

Premier Physicians Grp., PLLC v. Navarro, 377 P.3d 988 (Ariz. 2016). · cites it 2× “They are entitled to recover costs pursuant to A.R.S. § 12-342 and we exercise our discretion to award them reasonable fees as the prevailing parties under § 33-934(B).”

Steinberger v. McVey, 318 P.3d 419 (Ariz. Ct. App. 2014). · cites it 2× “Respondents also seek an award of their costs under Rule 4(g), as well as AR.S. § 12-342. In light of our rulings in this opinion, we conclude there is no clear prevailing party as yet, and therefore deny the attorneys’ fees requests of both parties.”

Grubb & Ellis Mgmt. Servs., Inc. v. 407417 B.C., L.L.C., 138 P.3d 1210 (Ariz. Ct. App. 2006). · cites it 2× “See A.R.S. § 12-342(A) (2003). CONCLUSION ¶ 27 For the foregoing reasons, we affirm.”

Motzer v. Escalante, 265 P.3d 1094 (Ariz. Ct. App. 2011). · cites it 3× “We note that on appeal, costs may be recoverable under A.R.S. § 12-342 rather than § 12-341. In our discretion, we deny Motzer’s request for attorney fees but award her costs on appeal under § 12-342(B).”

Rice v. Brakel, M.D., Ctr. for Neurosciences, 310 P.3d 16 (Ariz. Ct. App. 2013). · cites it 3× “We note that on appeal to this court, costs may be recoverable under AR.S. § 12-342 rather than § 12-331. In our discretion, we award the Center its costs on appeal pursuant to § 12-342(A).”

Barron v. Barron, 443 P.3d 977 (Ariz. Ct. App. 2018). · cites it 2× “We award Husband his costs on appeal pursuant to A.R.S. § 12-342 (2018). CONCLUSION ¶52 We reverse the parenting-time provisions in the decree and remand for a new hearing on parenting time.”

Hyatt Regency Phoenix Hotel Co. v. Winston & Strawn, 907 P.2d 506 (Ariz. Ct. App. 1995). · cites it 2× “section 12-342, we award HRP its costs on appeal upon compliance with Rule 21, Arizona Rules of Civil Appellate Procedure.”

Arizona Dep't of Revenue v. Ormond Builders, Inc., 166 P.3d 934 (Ariz. Ct. App. 2007). · cites it 2× “CONCLUSION ¶ 53 We reverse the tax court’s judgment to the extent it found Ormond taxable on its receipts that it used to pay the Schools’ trade contractors. We affirm the tax court with regard to the tax liability relating to Ormond’s other receipts under the Agreements.”

Haldiman v. Gosnell Dev. Corp., 748 P.2d 1209 (Ariz. Ct. App. 1987). · cites it 4× “Affirmed in part, reversed and remanded in part. JACOBSON, P.”

Carlson v. Arizona State Pers. Bd., 153 P.3d 1055 (Ariz. Ct. App. 2007). · cites it 2× “As the prevailing party on appeal, Carlson is entitled to recover his costs pursuant to A.R.S. § 12-342 (2003) following submission of a statement of costs in compliance with *434 Arizona Rule of Civil Appellate Procedure 21(a).”

Kaufman v. Langhofer, 222 P.3d 272 (Ariz. Ct. App. 2009). · cites it 2× “See A.R.S. § 12-342 (2003). CONCURRING: SHELDON H.”

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— Ariz. Rev. Stat. § 12-342(A) — 57 cases

Grubb & Ellis Mgmt. Servs., Inc. v. 407417 B.C., L.L.C., 138 P.3d 1210 (Ariz. Ct. App. 2006). “See A.R.S. § 12-342(A) (2003). CONCLUSION ¶ 27 For the foregoing reasons, we affirm.”

Haldiman v. Gosnell Dev. Corp., 748 P.2d 1209 (Ariz. Ct. App. 1987). “Affirmed in part, reversed and remanded in part. JACOBSON, P.”

Wb, the Bldg. Co., LLC. v. El Destino, 257 P.3d 1182 (Ariz. Ct. App. 2011).

Ry-Tan Constr., Inc. v. Washington Elementary Sch. Dist. No. 6, 93 P.3d 1095 (Ariz. Ct. App. 2004).

Austin v. CrystalTech Web Hosting, 125 P.3d 389 (Ariz. Ct. App. 2005).

— Ariz. Rev. Stat. § 12-342(B) — 9 cases

Motzer v. Escalante, 265 P.3d 1094 (Ariz. Ct. App. 2011). “We note that on appeal, costs may be recoverable under A.R.S. § 12-342 rather than § 12-341. In our discretion, we deny Motzer’s request for attorney fees but award her costs on appeal under § 12-342(B).”

B of A/swartz v. Avwga (Ariz. Ct. App. 2019).

Kunasek v. Johnson (Ariz. Ct. App. 2022).

Tp Racing v. Adog (Ariz. Ct. App. 2022).

Nbd Enter., LLC v. James Christopher Arnold; Acp Investments (Ariz. Ct. App. 2025).

— Ariz. Rev. Stat. § 12-342(a) — 2 cases

Capital One v. Castronova (Ariz. Ct. App. 2018).

Thermolife v. Musclepharm (Ariz. Ct. App. 2021).

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