Personal Injury Law
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What is the procedure in Arizona to motion for a "change of venue" from my Yavapai County Civil suit in Superior Court to Maricopa county? Please include any case cite/legal authorities/previous appellate decisions that I will need to support my motion and control the judge's decision in my favor.Thank you, xxxxxxxxx
I am an attorney and I would be happy to assist you. I am sorry to hear about your situation. In AZ, the law states that: A motion for change of venue for improper venue must be filed PRIOR to filing an answer in the case, or venue is waived. A motion for Change of Venue is filed to allege that the lawsuit has been filed in the wrong precinct. However, venue may be proper in more than one justice precinct. If the court grants an Order for a Change of Venue the case will be transferred to the proper justice precinct. To determine venue in a case in AZ, one can file their lawsuit: 1. In the Justice precinct where the defendant resides or does business OR 2. In the justice precinct where the incident occurred that brought about the debt or where the debt or obligation was incurred. The Motion/form to file for a change of venue is found here: http://courts.yavapai.us/verdevalleyjc/files/2012/02/Change-of-Venue-Improper.pdf
The foregoing is information on change of venue; however, there may be a better option, since it sounds as though the Answer has already been filed. You could instead file a 1) Motion for Recusal or a 2) Notice of Change of Judge (Preemptory Challenge). As long as no trial date has been set and no other dates triggered an exception, you have the right to file (only once) Notice of Peremptory Right to Change of Judge, pursuant to Ariz. R. Civ. P. 42 (f). Rule 42(f)(1)(A) provides each side with a change of one judge and of one 1 commissioner as a matter of right. The rule further provides that a party “shall file a ‘Notice of Change of Judge’” to exercise their rights. Ariz. R. Civ. P. 42(f)(1)(A). I would recommend that you go this route, since it is your right and you don't have to explain why you are requesting it. You merely just request it and file it with the Clerk of the Court.
I would file the Notice as soon as possible though. If that doesn't work, only then file a Motion to Change Judge for cause. Here is a sample motion that cites AZ law, even if it is not your county - AZ civil procedure law still applies : http://pinalcountyaz.gov/Departments/JudicialBranch/ClerkoftheSuperiorCourt/HighProfileCases/Motion09.04.pdf
I hope my answer has assisted you and that you will provide me a positive rating!
Attorney Prentice: Thank you for your excellent answer. I have a follow up question please. You are correct about the answer has already been filed. Regarding the first paragraph of your answer, it seems that I will probably be unable to get a change of venue just because I fear that I won't get a fair trial in my county of Yavapai because the defense attorney has worked this court for years and most of the judges know him well and will most likely favor him over me. I believe the suit was filed in the proper venue in the beginning. I live in Yavapai county and the injury in this Chiropractic Malpractice occured in this county. I want to change it to Maricopa County so I will have a better chance of getting a fair trial, although the attorney practices there also, but Phoenix is a big city and the chances of getting a judge there that knows the attorney well is less likely. So my question is: Will they let me change the venue just because I fear that I will not get a fair trial in Yavapai County and is there any other way to get a change of venue to Maricopa County? It is important to me that it is changed to Maricopa County and to no other county. Thank you, Gregory.
Ms Prentice: Unfortunately I have no confidence in a Judges Oath and I have no confidence in the State Bar's complaint dept. The attorney there has already showed me, regarding another experience in another action, that he will only cover up my complaint and sweep it under the rug HE WILL DETERMINE THAT" THERE IS INSUFFICIENT EVIDENCE TO PERSUE A FORMAL COMPLAINT"AND THAT WILL BE THE END OF IT. That's what they are paid to do- to protect the attorneys as best as they can. It's different if you can prove that the attorney raped a client or went to court drunk or something that you can proove without a doubt, but anything less a complainant will probably be wasting his time writing the complaint.This has been my experience with the bar complaint dept. How do I get substantial evidence to prove that the judge and the attorney are friends or that they are both Masonic Lodge members who have signed a blood oath to protect one another even if they are commiting unlawfull acts, or they both go to the same church and would be involved in favoritism? I plan to motion for a change of judge, as you suggested is my right, but I also need this change of venue to Maricopa County.
Ms. Prentice: Do you not have an answer to my question about how to get substantial evidence in my next to tne last sentence above regarding the Masonic , church and friends favoritism considerations? How do I prove these things if they are happening? Where is "the cause"? Please be specific. Thank you.
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