Rule 6.1.Change of Judge for Cause

Rule 6.1 is the companion to Rule 6, and everything about it is different. There is no limit of one, no 60-day rule, and grounds must be stated rather than withheld.

Grounds and filing

A party seeking a change for cause must establish grounds by affidavit as required by A.R.S. § 12-409. The affidavit is filed and served on the parties, the presiding judge, the noticed judge and the court administrator, by any method in Rule 43(b).

Twenty days from discovery

The affidavit must be filed within 20 days after discovering that grounds exist — not within 20 days of the assignment. And the rule protects what came before: case events or actions taken before that discovery do not waive the right. Rule 6's waiver list has no counterpart here.

How it is decided

Any other party may respond within 5 days by an opposing affidavit or a response of no more than two pages. No reply is permitted without the presiding judge's authorisation. The presiding judge may hold a hearing or decide on the affidavits and memoranda.

Two standards are stated. The presiding judge decides by the preponderance of the evidence. And under A.R.S. § 12-409(B)(5) the sufficiency of any "cause to believe" is determined by an objective standard, not by reference to the affiant's subjective belief — so a sincerely held perception of bias is not enough on its own.

On filing, the named judge should proceed no further except to make temporary orders necessary to prevent immediate and irreparable harm before the request is decided — unless that judge is the only one in the county, in which case they may also act as presiding judge. If grounds are found the presiding judge reassigns promptly, complying with A.R.S. § 12-411. If not, the named judge continues.