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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DP 7-0-1-1 |
HB 2126: venue; employee conflict; superior court
Sponsor: Representative Martinez, LD 16
House Engrossed
Overview
Outlines conditions under which either party of a civil action may request a change in venue if either party is an employee of the judicial branch or the clerk of the superior court in which the civil action is being adjudicated.
History
Current statute outlines several conditions under which a change of venue motion may be entered. Change of venue by consent allows a superior court to, upon written consent of all parties, transfer the action for trial to the superior court of another county. Change of venue for cause allows either party, with 5 days notice, to file a motion for change of venue for the following reasons:
1) local prejudice;
2) witness convenience; or
3) any other good and sufficient reason, as decided by the judge (A.R.S. §§ 12-405; 12-406).
A change in venue may also be requested by the opposing party if the county in which the action is pending is a party of the action (A.R.S. § 12-407).
Provisions
1. Entitles either party of a civil action the right to request a change in venue if either party is an employee of the judicial branch or the clerk of the superior court and if one of the following conditions are met:
a. the employee holds a leadership or supervisory position over operations or personnel;
b. the employee works in the same division of the superior court to which the action is assigned; or
c. the county superior court has three or fewer divisions and the party is employed by the judicial branch or clerk in that county. (Sec. 1)
2. Specifies that if the aforementioned conditions are not met, and the reason for a change of venue cannot be adequately addressed through recusal, reassignment or use of a visiting judge, a change may still be granted for good cause or as otherwise outlined in statute or court rule. (Sec. 1)
3. Directs the court, upon the request from either party for a change of venue, to transfer the action to the most convenient adjoining county, or to a county that both parties have agreed too. (Sec. 1)
4. Specifies that this section does not limit any other authority of the court to order recusal, reassignment or appointment of a visiting judge that may be allowed under existing law. (Sec. 1)
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Initials NM/NP HB 2126
2/05/2026 Page 0 House Engrossed
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