Arizona § 12-409 Change of judge; grounds; affidavit

Arizona Statutes

§ 12-409 — Change of judge; grounds; affidavit

Arizona § 12-409

Title 12Arizona Revised Statutes

Ch. 4VENUE AND CHANGE OF VENUE OR JUDGE

Art. 1In General

This text of Arizona § 12-409 (Change of judge; grounds; affidavit) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 12-409 (2026).

Text

A.If either party to a civil action in a superior court files an affidavit alleging any of the grounds specified in subsection B, the judge shall at once transfer the action to another division of the court if there is more than one division, or shall request a judge of the superior court of another county to preside at the trial of the action.

B.Grounds which may be alleged as provided in subsection A for change of judge are:

1.That the judge has been engaged as counsel in the action prior to appointment or election as judge.

2.That the judge is otherwise interested in the action.

3.That the judge is of kin or related to either party to the action.

4.That the judge is a material witness in the action.

5.That the party filing the affidavit has cause to believe and does believe

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A. If either party to a civil action in a superior court files an affidavit alleging any of the grounds specified in subsection B, the judge shall at once transfer the action to another division of the court if there is more than one division, or shall request a judge of the superior court of another county to preside at the trial of the action.

B. Grounds which may be alleged as provided in subsection A for change of judge are:

1. That the judge has been engaged as counsel in the action prior to appointment or election as judge.

2. That the judge is otherwise interested in the action.

3. That the judge is of kin or related to either party to the action.

4. That the judge is a material witness in the action.

5. That the party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice, or interest of the judge he cannot obtain a fair and impartial trial.