Books and Journals 4.7.4.1 Judicial Remedy: Claims Against Public Entities, Including the State and Its Political Subdivisions

4.7.4.1 Judicial Remedy: Claims Against Public Entities, Including the State and Its Political Subdivisions

Document Cited Authorities (13) Cited in Related

A.R.S. § 12-821 applies to claims against non-federal public entities including the state and its political subdivisions. A.R.S. § 12-821 provides that all actions against a public entity or public employee shall be brought within 1 year after the cause of action accrues.[57] In addition to this 1-year limitations period, a claimant must also file a “claim” with the person(s) authorized to accept service for the public entity within 180 days after the cause of action accrues. A.R.S. § 12-821.01(A). This notice of claim statute only applies to a request for damages, not to a request for declaratory or injunctive relief.[58]

For a more detailed discussion of Arizona’s Administrative Claim Act, see Chapter 4.8 of this manual.

PRACTICE The claim is a prerequisite to filing litigation and must
POINTER contain: (1) facts sufficient to permit the public entity
 to understand the basis upon which the liability is
 claimed, and (2) a specific amount for which the claim can
 be settled with the facts supporting the amount.^[59]
 The adequacy of the notice’s supporting facts is not
 subject to judicial review.^[60]
...

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