Rule 10.1. Change of Judge for Cause
Arizona Revised Statutes AnnotatedRules of Criminal Procedure
16A A.R.S. Rules Crim.Proc., Rule 10.1
Rule 10.1. Change of Judge for Cause
(1) Motion, Timing, and Form. A party seeking a change of judge for cause must file a motion no later than 10 days after discovering that grounds exist, but may not file a motion after a hearing or trial begins. The motion must state specific grounds for the change of judge and be supported by an affidavit. Allegations of interest or prejudice that prevent a fair and impartial hearing or trial that arise after commencement of the hearing or trial may be preserved for appeal by making an appropriate motion.
(2) Further Action by Judge. If a party files a timely motion for change of judge, the judge should not proceed, except to enter necessary temporary orders before the action can be transferred to the presiding judge or the presiding judge's designee. If the named judge is the presiding judge, that judge must assign the motion to another judge.
(1) Hearing and Ruling. Promptly after a party files a timely motion under this rule, the presiding judge must provide for a hearing on the motion before a judge other than the challenged judge. After holding the hearing, the hearing judge must decide the issues by a preponderance of the evidence and enter an order stating findings and ruling on the motion. The hearing judge will then return the matter to the presiding judge.
Credits
Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 10.1, AZ ST RCRP Rule 10.1
State Court Rules are current with amendments received and effective through March 15, 2023. The Code of Judicial Administration is current with amendments received through March 15, 2023.
End of Document |