Rule 6. Change of Judge as a Matter of Right
Arizona Revised Statutes AnnotatedRules of Family Law Procedure
17B A.R.S. Rules Fam.Law Proc., Rule 6
Rule 6. Change of Judge as a Matter of Right
(2) Oral Notice. An oral request for change of judge must include the information required by Rule 6(c)(1)(A) and (B). When made, it is deemed to be an “oral notice of change of judge” for purposes of this rule. The judge must enter on the record the date of the oral notice, the requesting party's name, and the judge's disposition of the request. A party obtaining a change of judge based on an oral notice is deemed to have exercised its right to a change of judge under Rule 6(b). For purposes of this rule, an oral notice is deemed “filed” on the date that it is made on the record.
(1) On Proper Notice. If a notice is timely filed and no waiver has occurred, the judge named in the notice should proceed no further in the action except to make such temporary orders as are necessary to prevent immediate and irreparable injury, loss, or damage from occurring before the action can be transferred to another judge. If the named judge is the only judge in the county, that judge may also reassign the case.
(A) On Stipulation. If a notice of change of judge is filed, the parties should inform the court in writing whether they have agreed on an available judge who is willing to hear the action. An agreement of all parties may be honored and, if so, bars further changes of judge as a matter of right unless the agreed-on judge becomes unavailable. If a judge to whom an action is assigned by agreement later becomes unavailable because of a change of calendar assignment, death, illness, or other incapacity, the parties may assert any rights under this rule that existed immediately before the assignment to that judge.
Credits
Added Aug. 30, 2018, effective Jan. 1, 2019.
17B A. R. S. Rules Fam. Law Proc., Rule 6, AZ ST RFLP Rule 6
State Court Rules are current with amendments received and effective through September 15, 2023. The Code of Judicial Administration is current with amendments received through September 15, 2023.
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