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

Ariz. Rev. Stat. § 12-343 (2026)

Costs of new trial, arrest of judgment or insufficient pleadings

✓ current as of May 2026
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A. The costs of a new trial may either abide the result of the action or may be taxed against the party to whom a new trial is granted, as may be adjudged by the court at the time of granting a new trial.

B. When a judgment is arrested or a verdict set aside because of insufficiency of the pleadings of the party in whose favor the verdict or judgment was rendered, the costs thereof shall be taxed against the party whose pleadings were adjudged insufficient.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1981–2022 · leading case: Taylor v. S. Pac. Transp. Co., 637 P.2d 726 (Ariz. 1981).
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Taylor v. S. Pac. Transp. Co., 637 P.2d 726 (Ariz. 1981). · cites it 12× “COSTS The trial court, in addition to granting plaintiff’s motion for new trial, also awarded plaintiff’s costs against the defendants pursuant to A.R.S. § 12-343(A). Defendants contend that the award of costs against them at the time of the granting of the motion for new trial…”
Copper State Bank v. Saggio, 679 P.2d 84 (Ariz. Ct. App. 1983). · cites it 2× “00 and statutory mileage by Pinal County. A.R.S. § 21-221(A), (B). It was within the discretion of the trial judge not to assess jury fees for the first trial since the motion for new trial was granted.”
Copper State Bank v. Saggio, 679 P.2d 84 (Ariz. Ct. App. 1983). · cites it 2× “A.R.S. § 12-343(A); Durkee-Thomas Corporation v.”
Zambezi v. Proforma (Ariz. Ct. App. 2022). · cites it 2× “Under A.R.S. § 12-343(A), “[t]he costs of a new trial may either abide the result of the action or may be taxed against the party to whom a new trial is granted, as may be adjudged by the court at the time of granting a new trial.”
Ariz. Rev. Stat. § 12-343(A): 4 cases
Taylor v. S. Pac. Transp. Co., 637 P.2d 726 (Ariz. 1981). “COSTS The trial court, in addition to granting plaintiff’s motion for new trial, also awarded plaintiff’s costs against the defendants pursuant to A.R.S. § 12-343(A). Defendants contend that the award of costs against them at the time of the granting of the motion for new trial…”
Copper State Bank v. Saggio, 679 P.2d 84 (Ariz. Ct. App. 1983). “00 and statutory mileage by Pinal County. A.R.S. § 21-221(A), (B). It was within the discretion of the trial judge not to assess jury fees for the first trial since the motion for new trial was granted.”
Copper State Bank v. Saggio, 679 P.2d 84 (Ariz. Ct. App. 1983). “A.R.S. § 12-343(A); Durkee-Thomas Corporation v.”
Zambezi v. Proforma (Ariz. Ct. App. 2022). “Under A.R.S. § 12-343(A), “[t]he costs of a new trial may either abide the result of the action or may be taxed against the party to whom a new trial is granted, as may be adjudged by the court at the time of granting a new trial.”
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