A.R.S. 12-405, 12-406
Change of venue by consent (12-405)
A superior court may, upon written consent of the parties or their attorneys filed in an action, by an order entered on the minutes, transfer the action for trial to the superior court of another county.
Change of venue for cause; grounds; bond; appeal (12-406)
A. If either party to a civil action pending in the superior court, after answer has been filed, files an affidavit in the action alleging any of the grounds specified in subsection B and gives five days notice to the opposite party, the venue may be changed as provided in section 12-407.
B. Grounds which may be alleged as provided in subsection A for change of venue are:
1. That there exists in the county where the action is pending so great a prejudice against the party requesting a change of venue that he cannot obtain a fair and impartial trial.
2. That the convenience of witnesses and the ends of justice would be promoted by the change.
3. That there is other good and sufficient cause, to be determined by the court.
C. The party applying for the change of venue shall at the time of application file a bond to be approved by the judge of the court conditioned that he will pay all costs that may be adjudged against him in the action if the application is granted. The truth and sufficiency of the grounds shall be determined by the court, but a decision thereon refusing the change may be assigned as error on appeal.
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A.R.S. 12-407
Order for change of venue; transmittal of papers; payment of fees and costs; effect of failure to pay
A. If a change of venue is ordered, the court shall transfer the action to the most convenient adjoining county, unless the parties agree to some other county in which case the court shall transfer the action to the agreed upon county.
B. The clerk shall promptly transmit the papers and transcript of the proceedings in the action to the clerk of the court to which the venue is changed. Except as provided in subsection E of this section, the party applying for the change of venue shall pay a transmittal fee established pursuant to section 12-284 within twenty days after the order directing the change. If payment is not timely made, the application for change of venue and the order for change of venue shall be deemed abandoned. If the change is abandoned, the action shall proceed as if the order for change of venue had not been made.
C. On payment by the party applying for a change of venue of the fee required on the filing of a complaint, the clerk of the court to which the action is transferred shall docket the action in its order. The action shall be tried or otherwise disposed of as if it had originated in that court.
D. Except as provided in subsection E of this section, failure to pay the fee as required in subsection C of this section within thirty days from the date the new court receives the file shall be deemed an abandonment. The clerk of the court to which the action was transferred shall promptly transmit all papers to the court in which the action originated, and the action shall be disposed of as if no change of venue had been granted.
E. If a change of venue is ordered pursuant to section 12-404, the plaintiff shall pay the transmittal fee established pursuant to section 12-284 within twenty days after the order directing the change and, within thirty days from the date the new court receives the file, the plaintiff shall pay to the clerk of the court to which the action is transferred the fee required on the filing of a complaint as provided in subsection C of this section. If the plaintiff fails to timely pay either the transmittal fee or the filing fee in the county to which the action is transferred, the court shall dismiss the case without prejudice.
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A.R.S. 12-408, 12-409
Procedure for change of venue when county is a party (12-408)
A. In a civil action pending in the superior court in a county where the county is a party, the opposite party is entitled to a change of venue to some other county without making an affidavit therefor.
B. The party applying for the change of venue shall pay the cost thereof and give a bond to the opposite party as in other cases.
Change of judge; grounds; affidavit (12-409)
A. If either party to a civil action in a superior court files an affidavit alleging any of the grounds specified in subsection B, the judge shall at once transfer the action to another division of the court if there is more than one division, or shall request a judge of the superior court of another county to preside at the trial of the action.
B. Grounds which may be alleged as provided in subsection A for change of judge are:
1. That the judge has been engaged as counsel in the action prior to appointment or election as judge.
2. That the judge is otherwise interested in the action.
3. That the judge is of kin or related to either party to the action.
4. That the judge is a material witness in the action.
5. That the party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice, or interest of the judge he cannot obtain a fair and impartial trial.
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A.R.S. 12-410, 12-411
Punishment for contempt for filing affidavit for change of judge prohibited (12-410)
No judge or court shall punish for contempt any one making, filing or presenting the affidavit provided for by section 12-409, or any motion founded thereon.
Limitation on changes of venue or judge; selection of county or judge (12-411)
A. Not more than one change of venue or one change of judge may be granted in any action, but each party shall be heard to urge his objections to a county or judge in the first instance.
B. A change of venue or judge shall be to the most convenient county, or judge, to which the objections of the parties do not apply or are least applicable.
C. If the parties agree upon a county or judge, such county or judge shall be selected.
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