§ 4.6 MANDAMUS-TYPE ACTIONS

• Jurisdiction: Arizona

§ 4.6 Mandamus-Type Actions

There are a number of other statutes, common in litigation with government entities, which permit a fee award. In mandamus-type actions:

A court shall award fees and other expenses to any party other than this state or any political subdivision of this state which prevails by an adjudication on the merits in a civil action brought by the party against the state, any political subdivision of this state or an intervenor to compel a state officer or any officer of any political subdivision of this state to perform an act imposed by law as a duty on the officer.

A.R.S. § 12-2030(A). "Fees and other expenses" includes the "reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, report, test or project found by the court to be necessary for preparation of the party's case, and reasonable and necessary attorney fees." A.R.S. § 12-2030(B). The cost of a report may be reimbursed even if the author is not an attorney or expert. Hess v. Purcell, 229 Ariz. 250, 255, ¶ 24, 274 P.3d 520, 525 (App. 2012).

Although the court is obligated to award fees in actions eligible under this statute, the court retains the discretion to award a lesser amount than requested based on its determination of reasonableness. Exodyne Properties, Inc. v. City of Phoenix, 165 Ariz. 373, 798 P.2d 1382 (App. 1990). A suit against...