Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Reasons In Arizona
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For good cause shown, and upon terms the court deems just, the court may set aside a judgment entered upon a failure to appear. A motion to set aside a default judgment shall be made in writing within 30 days after entry of the default judgment.
A party must file an affidavit seeking a change of judge for cause within 20 days after discovering that grounds exist for a change of judge. Case events or actions taken before that discovery do not waive a party's right to a change of judge for cause.
Pleadings Allowed. Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.
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.
During a trial in Arizona, a defense attorney may ask for a Rule 11 evaluation of his or her client. Under Rule 11, the defendant has the right to a full mental examination and hearing when reasonable grounds exist for it. A Rule 11 hearing may be held when a defendant is suspected of being mentally incompetent.
Rule 42.1 - Change of Judge as a Matter of Right (a) When Available. In any action in superior court, except an action in the Tax Court, each side is entitled as a matter of right to a change of one judge. Each action, whether single or consolidated, must be treated as having only two sides.
Change of Judge. Counsel and self-represented parties must file with the Clerk of the Court any “Notice of Change of Judge” when such change is as a matter of right and serve copies on all parties, the Presiding Judge, Case Management Services and the noticed judge.
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.
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A motion for Change of Venue is filed to allege that the lawsuit has been filed in the wrong precinct. (1) The court in the sending county must set a hearing before ordering a change of venue.The parties must attend the hearing. The reasons a court might grant a change of venue based on a case being filed in the wrong county are listed in ARS 12-404. B. Grounds that may be alleged for change of venue are: 1. Read this Order carefully. If you do not understand this order, contact a lawyer for help. This motion is made on the grounds alleged in the attached affidavit(s). Fair or impartial trial. Venue (definition)–the proper geographical locality in which a lawsuit may be filed.
