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Rule 2.19. Transfer of Related Civil Cases; Case Consolidation; Assignment

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior Court

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Pima County (Refs & Annos)
Rule 2. Civil
Assignment of Cases
17C A.R.S. Super.Ct.Local Prac.Rules, Pima County, Rule 2.19
Formerly cited as AZ ST PIMA SUPER CT Rule 6.9
Rule 2.19. Transfer of Related Civil Cases; Case Consolidation; Assignment
(A) Related Cases. Whenever two or more cases are pending before different judges and any party believes that such cases: (1) arise from substantially the same transaction or event; (2) involve substantially the same parties or property; (3) involve the same patent, trademark, or copyright; (4) call for determination of substantially the same questions of law; or (5) for any other reason would entail substantial duplication of labor if heard by different judges, any party may file a motion to transfer the case or cases involved to a single judge. The motion shall be filed in each affected case and will be heard by the judge to whom the case with the lowest number is assigned. The Court may also transfer, with notice to the parties, related cases to a single judge on the Court's own initiative.
(B) Consolidation. A motion to consolidate pursuant to Rule 42(a), Arizona Rules of Civil Procedure, shall contain the captions of all the cases sought to be consolidated, be filed in each case and be heard by the judge assigned the lowest case number. Unless the Court otherwise orders, when 2 or more cases are consolidated, the Clerk of the Court will regard the lowest case number as the controlling number of the consolidated cases, and all further pleadings and papers must be filed and docketed under that number only. Unless the Court otherwise specifies, it will be presumed that the consolidation is for all purposes.
(C) Service. Service of any motion filed under subsection (a) or (b) shall be made upon all parties and assigned judges.
(D) Assignment. In determining to which judge the case or cases will be assigned pursuant to subsection (a) or (b) above, the Court may consider the following factors: (1) whether substantive matters have been considered in a case; (2) which judge has the most familiarity with the issues involved in the cases; (3) whether a case is reasonably viewed as the lead or principal case, and (4) any other factor serving the interest of judicial economy.

Credits

Added effective July 1, 2018.
17C A. R. S. Super. Ct. Local Prac. Rules, Pima County, Rule 2.19, AZ ST PIMA SUPER CT Rule 2.19
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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