How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Elizabeth Prentice Your Own Question

Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Personal Injury Law
Satisfied Customers: 170
Experience:  Experienced personal injury attorney. From slip and falls to auto accidents, I am here to help answer your questions.
70685486
Type Your Personal Injury Law Question Here...
Elizabeth Prentice is online now
A new question is answered every 9 seconds

What is the procedure in Arizona to motion

Resolved Question:

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

Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Elizabeth Prentice replied 1 year ago.

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!

Customer: replied 1 year ago.

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.

Expert:  Elizabeth Prentice replied 1 year ago.
Unfortunately, you have to have more than just a fear that you won't get a fair trial. You need evidence or something substantial to change the venue. A change of judge is your right (once), though. Attorneys and Judges take oaths to follow Rules of Professional Responsibility. They must follow the law and abide by the procedures set in Arizona. if at any time you feel that an attorney or a Judge is acting unethically, you may also submit a complaint to the Arizona State Bar. They watch over all legal practitioners and make sure they are properly complying with the rules of ethics. Try to have faith in your local legal system and remember that if you ever feel that anything unethical is occurring, you should contact the State Bar of AZ.
Customer: replied 1 year ago.

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.

Expert:  Elizabeth Prentice replied 1 year ago.
I'm sorry to hear you feel that way. As I previously mentioned, a Sample motion to change the judge for cause is noted above. Good luck with your matter. Please remember to rate my service so I may receive credit from the site.
Customer: replied 1 year ago.

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.

Expert:  Elizabeth Prentice replied 1 year ago.
First, I did answer your original question "excellently" as you stated. You are typically limited to 1 question, and I have even courteous enough to respond your follow up questions. If you are searching for something, you will need to examine that issue on your own. Obtaining evidence is up to you, you either have it or you don't. As previously stated, this is a legal forum. If you have further question, please post a new question. Please remember to provide a rating.
Elizabeth Prentice, Attorney
Satisfied Customers: 170
Experience: Experienced personal injury attorney. From slip and falls to auto accidents, I am here to help answer your questions.
Elizabeth Prentice and 5 other Personal Injury Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Attorney

    Satisfied Customers:

    881
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    881
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    514
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    384
    I provide basic personal injury advice to my clients in my own practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    379
    I have 30 years of legal and litigation experience.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    366
    20 years experience in personal injury law - both plaintiff and defense
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    361
    Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Attorney

    Satisfied Customers:

    347
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.