Home Table of Contents

Rule 88. Judge's Inability to Proceed

Arizona Revised Statutes AnnotatedRules of Family Law Procedure

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part X. Judgments and Decrees (Refs & Annos)
17B A.R.S. Rules Fam.Law Proc., Rule 88
Rule 88. Judge's Inability to Proceed
If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed with the hearing or trial if that judge certifies familiarity with the record and determines that the action may be completed without prejudice to the parties. If an adequate record is unavailable, the replacement judge must recall any witness if all of the following are true:
(a) it is requested by a party;
(b) the testimony is material and disputed; and
(c) the witness is available to testify again without undue burden.
The replacement judge also may recall any other witness.


Added Aug. 30, 2018, effective Jan. 1, 2019.

Editors' Notes

Former Rule 88, relating to disability of a judicial officer, was abrogated Aug. 30, 2018, effective Jan. 1, 2019. See, now, this rule.
17B A. R. S. Rules Fam. Law Proc., Rule 88, AZ ST RFLP Rule 88
Current with amendments received through 11/1/19
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.