Tucson Real Estate Attorneys

January 9, 2018 By Anne Terry Morales

Right To Change Judge In Eviction Actions Permanently Established

After a year-long trial period, on December 13, 2017 the Arizona Supreme Court permanently amended Rule 9 of the Arizona Rules of Procedure for Eviction Actions by adding a provision granting each party the ability to request a change of judge as a “matter of right.” The request may be made in writing or orally. In the request, the applicable party must state the following: “…that the party or side has not previously requested a change of judge in this lawsuit, that the party or side has not waived the party’s right to change of judge, and that the request is timely.” For purposes of Rule 9, “timely” means that the request is made prior to or at the first court appearance. In eviction cases the first court appearance is usually the actual eviction hearing. Consequently, if a tenant comes to the eviction hearing and makes a proper request “…the court must transfer the lawsuit to a new judge within the county for further proceedings.” Once knowledge of this amendment becomes more widespread among tenants and tenant advocacy groups, it is possible that a request to change judges could be used as a tactic to delay the eviction process. To avoid that possibility, Arizona justice courts will need to develop an almost immediate procedure for changing judges in order to prevent delays and the accompanying financial burdens imposed on landlords.

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Monroe McDonough & Brent, PLLC

Real Estate Law


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Tucson, AZ 85716

Phone: 520.292.2500


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