So often in Justice Court, the tenants feel that the Judges are unfair and side with the landlord attorneys or the tenants may feel that the Judge is not particularly knowledgeable about the law. On an experimental basis, the Arizona Supreme Court has amended the Arizona Rules of Eviction Procedure Rule 9(c), Motion to Change Judges.
SOME COURTS ARE RUN LIKE THIS:
WHILE OTHERS ARE LIKE:
IF YOU LIVE IN AN APARTMENT COMMUNITY AND YOU HEAR FROM YOUR NEIGHBORS OR FRIENDS THAT THE JUDGE WHO PRESIDES OVER THE PRECINCT IN WHICH YOU LIVE, HISTORICALLY IGNORES THE RULES, FAILS TO LISTEN TO COUNTERCLAIMS OR DEFENSES OR BEGINS THE PROCEEDING 15 MINUTES BEFORE IT IS SCHEDULED TO START (ENDS UP A DEFAULT FOR TENANTS), THEN YOU SHOULD FILE A MOTION TO CHANGE JUDGES THE MINUTE YOU ARE SERVED AT YOUR HOME!!!
The New Rule States:
“For purposes of this subsection, a lawsuit has only two sides. A party or a side, if there is more than one plaintiff or one defendant in a lawsuit, may request a change of judge as a matter of right orally or in writing. The party or side must request a change of judge as a matter of right in the precinct where the lawsuit is pending. The request must state 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. A request is timely if it is made prior to or at the time of the first court appearance or upon reassignment of the matter to a new judge for trial. A party waives a right to a change of judge if the judge has ruled on any contested motion or issue, or if the trial has started. When a proper and timely request for a change of judge as a matter of right is orally requested or filed, the court must transfer the lawsuit to a new judge within the county for further proceedings.”
“If a party believes that the party will not have a fair and impartial trial before a justice of the peace, then the party must proceed as provided in Arizona Revised Statutes § 22-204, except that any request must be made by the date of the first court appearance and five days’ notice is not required.”
“The provisions of this subsection are deemed experimental and will expire December 31, 2017, unless otherwise extended by the Supreme Court of Arizona.”