Jepson v. New

In Jepson v. New, 164 Ariz. 265, 274, 792 P.2d 728, 737 (1990), the Arizona Supreme Court articulated a set of factors a trial court must consider in determining whether to permit relief under that statute. Those factors include "'whether the plaintiff acted reasonably and in good faith, whether he prosecuted his case diligently and vigorously, whether a procedural impediment exists which affects his ability to file a second action, and whether either party will be substantially prejudiced.'" Jepson, 164 Ariz. at 272, 792 P.2d at 735, The burden is on the plaintiff to present the particular circumstances that justify relief under 12-504.'" Id., Further, "to obtain relief under the savings statute where the action has abated and been terminated, the plaintiff must show that despite diligent efforts, he was unable to effect service." Id. at 273, 792 P.2d at 736.