In awarding attorney fees pursuant to section 12-349, the court shall set forth the specific reasons for the award and may include the following factors, as relevant, in its consideration:
1. The extent of any effort made to determine the validity of a claim before the claim was asserted.
2. The extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses found not to be valid.
3. The availability of facts to assist a party in determining the validity of a claim or defense.
4. The relative financial positions of the parties involved.
5. Whether the action was prosecuted or defended, in whole or in part, in bad faith.
6. Whether issues of fact determinative of the validity of a party's claim or defense were reasonably in conflict.
7. The extent to which the party prevailed with respect to the amount and number of claims in controversy.
8. The amount and conditions of any offer of judgment or settlement as related to the amount and conditions of the ultimate relief granted by the court.
Notes of Decisions
Cited in
65
cases (
25 in the last 5 years), 1988–2026 · leading case:
Reid v. Reid, 213 P.3d 353 (Ariz. Ct. App. 2009).
Reid v. Reid, 213 P.3d 353 (Ariz. Ct. App. 2009).
· cites it 4× “First, one of the attorneys' fees statutes at issue in Trantor was A.R.S. § 12-349 (2003), under which a court may not award fees for unjustified actions without "set[ting] forth the specific reasons for the award," A.”
Rogone v. Correia, 335 P.3d 1122 (Ariz. Ct. App. 2014).
· cites it 4× ““[T]he court shall set forth the specific reasons for the award,” A.R.S. § 12-350, though the findings need only be specific enough to allow a reviewing court to test the validity of the judgment, Bennett v.”
Harris v. Reserve Life Ins., 762 P.2d 1334 (Ariz. Ct. App. 1988).
· cites it 6× “A.R.S. § 12-350 requires the court to set forth the specific reasons for any attorney fee award pursuant to A.”
VICARI v. Lake Havasu City, 213 P.3d 367 (Ariz. Ct. App. 2009).
· cites it 4× “” A.R.S. § 12-350 (2003). Although federal courts have imposed FR 11 sanctions after a voluntary dismissal pursuant FR 41(a)(1), see, e.”
Takieh M.D. v. O'Meara M.D., 497 P.3d 1000 (Ariz. Ct. App. 2021).
· cites it 2× “” A.R.S. § 12-350. Because the “purpose of this requirement is to assist the appellate court on review[,] .”
Bennett v. Baxter Grp., Inc., 224 P.3d 230 (Ariz. Ct. App. 2010).
· cites it 2× “Further, A.R.S. § 12-350 requires the trial court, when making an award under § 12-349, to set forth the specific reasons for an award.”
Trantor v. Fredrikson, 878 P.2d 657 (Ariz. 1994).
· cites it 2× “01(0) referred to a heightened standard of proof (clear and convincing evidence) and that § 12-350 required the court to set forth the specific reasons for an award.”
Hamm v. Y & M Enter., Inc., 757 P.2d 612 (Ariz. Ct. App. 1988).
· cites it 6× “The record also indicates that A.R.S. § 12-350 was specifically brought to the attention of the trial court.”
Marriage of Donlann v. MacGurn, 55 P.3d 74 (Ariz. Ct. App. 2002).
· cites it 2× “A.R.S. § 12-350, also cited by Wife, does not independently authorize fee awards, but guides the court in making awards authorized by § 12-349.”
White Mountain Health Ctr., Inc. v. Maricopa Cnty., 386 P.3d 416 (Ariz. Ct. App. 2016).
“30 ¶ 82 Section 12-350 (2016) provides “the court shall set forth the specific reasons” for an attorneys’ fees award made pursuant to § 12-349 “and may include certain listed factors, as relevant, in its consideration.”
— Ariz. Rev. Stat. § 12-350(1) — 5 cases
— Ariz. Rev. Stat. § 12-350(2) — 1 case
— Ariz. Rev. Stat. § 12-350(3) — 1 case
— Ariz. Rev. Stat. § 12-350(4) — 4 cases
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