REFERENCE TITLE: justice courts; criminal actions; venue

 

 

 

State of Arizona

Senate

Forty-ninth Legislature

First Regular Session

2009

 

 

SB 1170

 

Introduced by

Senators Pearce, Gray C: Gorman

 

 

AN ACT

 

repealing section 22-303, Arizona Revised Statutes; amending title 22, chapter 3, article 1, Arizona Revised Statutes, by adding a new section    22-303; relating to justice courts.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Repeal

Section 22-303, Arizona Revised Statutes, is repealed.

Sec. 2.  Title 22, chapter 3, article 1, Arizona Revised Statutes, is amended by adding a new section 22-303, to read:

START_STATUTE22-303.  Change of venue

A.  No later than twenty days before the first trial date, If a party to an action before a justice of the peace makes an affidavit supported by the affidavit of two other credible persons of the county that they have good reason to believe, and do believe, that the party cannot have a fair and impartial trial before the justice, or in the justice's precinct, the justice shall at once request the justice of the peace of some other precinct in the county to conduct the trial in the precinct where the action is pending, and hear all matters involved in the action, or transfer the action to the nearest justice of the peace in the county not subject to the same or some other disqualification. Only one such change of venue may be had.

B.  The venue may also be changed to another justice of the peace of the county on written consent of the parties filed in the action.END_STATUTE