Rule 6.Change of Judge as a Matter of Right

Part I. General Administration · Last amended January 28, 2025 · Last verified September 4, 2026

In one sentenceRule 6 gives each party one change of judge as a matter of right per family law case, on notice filed 60 or more days before a contested hearing, and lists exactly what waives it.

Full Text of Rule 6

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) Definitions.

(1) Judge. The term “judge” as used in this rule and Rule 6.1 refers to any judge, judge pro tem, or court commissioner.

(2) Presiding Judge. The term “presiding judge” as used in this rule refers to the presiding superior court judge in the county where the family law case is pending, or that judge's designee.

(b) Generally. In each family law case, whether single or consolidated, each party is entitled as a matter of right to a change of judge.

(c) Notice Requirements. A party seeking a change of judge as a matter of right must either file a written notice, or make an oral request on the record, in the manner provided below:

(1) Written Notice. A written notice of change of judge must be served on all other parties, the presiding judge, the noticed judge, and the court administrator, if any, by any method provided in Rule 43(b). The notice must contain:

(A) the name of the judge to be changed;

(B) a statement that:

(i) the notice is timely under Rule 6(d);

(ii) no waiver has occurred under Rule 6(e); and

(iii) the party has not been granted a change of a judge as a matter of right previously in the family law case. The notice cannot specify grounds for the change of judge.

(2) Oral Notice. An oral request for change of judge must include the information required by Rule 6(c)(1)(A) and (B). When made, it is deemed to be an “oral notice of change of judge” for purposes of this rule. The judge must enter on the record the date of the oral notice, the requesting party's name, and the judge's disposition of the request. A party obtaining a change of judge based on an oral notice is deemed to have exercised its right to a change of judge under Rule 6(b). For purposes of this rule, an oral notice is deemed “filed” on the date that it is made on the record.

(d) Time Limits. A party is precluded from obtaining a change of judge as a matter of right unless the party files a timely notice.

(1) The notice must be filed 60 or more days before a scheduled contested hearing or trial.

(2) If a new judge is assigned within 60 days of a scheduled contested hearing or trial, a notice is timely filed as to the newly assigned judge if filed within 10 days after the party receives notice of the new assignment, or within 10 days after the new judge is assigned, whichever is later.

(3) If a party has received less than 10 days' notice of a proceeding or the assignment of the judge, the party must file a notice at least 3 days before the proceeding.

(4) If a party has received less than 5 days' notice of a proceeding or a judge assignment, the party may file a notice of change of judge at any time before the proceeding begins.

(5) If the right to a change of judge is renewed under Rule 6(f), a notice is timely if filed within 15 days after issuance of the appellate court's mandate under ARCAP 24.

(e) Waiver. A party waives the right to change a judge assigned to preside over any proceeding in the family law case, if:

(1) the party agrees to the assignment;

(2) the judge rules on any contested issue, or grants or denies a motion to dispose of any claim or defense, if the party had an opportunity to file a notice of change of judge before the ruling is made;

(3) a resolution management, scheduling, pretrial, or similar conference begins; or

(4) a scheduled contested hearing or trial begins.

(f) Actions Remanded from an Appellate Court. In actions remanded from an appellate court, the right to a change of judge is renewed and no event connected with the first trial constitutes a waiver:

(1) if the appellate decision requires a new trial or contested hearing; and

(2) the party seeking a change of judge has not previously exercised the party's right to a change of judge in the family law case.

(g) Post-Decree Petitions. In proceedings on a post-decree petition, the right to a change of judge is renewed and no event connected with prior proceedings constitutes a waiver if:

(1) the judge assigned to preside over the post-decree proceeding has not previously ruled on a contested issue or held a hearing or conference in the family law case; and

(2) the party seeking a change of judge has not previously exercised the party's right to a change of judge in the family law case.

(h) Procedures on Notice.

(1) On Proper Notice. If a notice is timely filed and no waiver has occurred, the judge named in the notice should proceed no further in the family law case except to make such temporary orders as are necessary to prevent immediate and irreparable injury, loss, or damage from occurring before the family law case can be transferred to another judge. If the named judge is the only judge in the county, that judge may also reassign the case.

(2) On Improper Notice. If the court determines that the party who filed the notice is not entitled to a change of judge, the named judge may proceed with the family law case.

(3) Reassignment.

(A) On Stipulation. If a notice of change of judge is filed, the parties should inform the court in writing whether they have agreed on an available judge who is willing to hear the family law case. An agreement of all parties may be honored and, if so, bars further changes of judge as a matter of right unless the agreed-on judge becomes unavailable. If a judge to whom an family law case is assigned by agreement later becomes unavailable because of a change of calendar assignment, death, illness, or other incapacity, the parties may assert any rights under this rule that existed immediately before the assignment to that judge.

(B) Absent Stipulation. If no judge is agreed on, the presiding judge must promptly reassign the family law case.

End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis, effective Jan. 28, 2025, permanently adopted Aug. 28, 2025.

Plain-English Summary

Rule 6 is the longest rule in Part I. It is a right, a deadline, a waiver list, and two situations where the right comes back.

The right

In each family law case, whether single or consolidated, each party is entitled as a matter of right to a change of judge. One per case — Rule 6(c)(1)(B)(iii) requires the notice to state that the party has not previously been granted one. "Judge" here includes a judge pro tem or a court commissioner.

The notice

A written notice is served on all other parties, the presiding judge, the noticed judge and the court administrator, by any method in Rule 43(b). It must give the name of the judge and state that the notice is timely, that no waiver has occurred, and that the party has not had a change before. The notice cannot specify grounds — a change as of right needs no reason, and giving one is not permitted.

An oral request on the record works too, carrying the same content; the judge enters the date, the requesting party and the disposition, and the notice is "filed" on the date it is made.

Timing

The general deadline is 60 or more days before a scheduled contested hearing or trial. Four adjustments follow, each shortening as the notice period shortens:

a newly assigned judge within 60 days of a hearing — 10 days after notice of the assignment or after the assignment, whichever is later;
less than 10 days' notice of a proceeding or assignment — at least 3 days before the proceeding;
less than 5 days' notice — any time before the proceeding begins;
right renewed on remand — 15 days after the appellate mandate issues under ARCAP 24.

Waiver

Four things waive it: agreeing to the assignment; the judge ruling on any contested issue or granting or denying a dispositive motion where the party had a chance to file first; the start of a resolution management, scheduling, pretrial or similar conference; or the start of a scheduled contested hearing or trial. The third is the trap — a Rule 76 conference is enough.

When the right comes back

On remand, if the appellate decision requires a new trial or contested hearing and the party has not already used the right, it is renewed and nothing from the first trial counts as waiver. And on a post-decree petition, the right is renewed if the assigned judge has not previously ruled on a contested issue or held a hearing or conference in the case and the party has not used the right before.

After the notice

On a proper notice the named judge proceeds no further except to make temporary orders necessary to prevent immediate and irreparable injury before transfer. The parties should tell the court in writing whether they agree on an available judge; an agreement may be honoured and then bars further changes as of right unless that judge becomes unavailable. Absent agreement the presiding judge reassigns promptly.

Frequently Asked Questions

How many times can I change judges in an Arizona family law case?

Once as a matter of right. Rule 6(b) entitles each party to a change of judge in each family law case, and Rule 6(c)(1)(B)(iii) requires the notice to state that the party has not previously been granted one in that case.

What is the deadline for a notice of change of judge?

Generally 60 or more days before a scheduled contested hearing or trial. Rule 6(d) shortens that where a judge is newly assigned or the party had short notice: 10 days after a new assignment, at least 3 days before a proceeding if the party had less than 10 days' notice, and any time before the proceeding begins if the party had less than 5 days' notice.

Does a resolution management conference waive the right?

Yes. Rule 6(e)(3) provides that the right is waived once a resolution management, scheduling, pretrial or similar conference begins.

Do I have to give a reason?

No, and you may not. Rule 6(c)(1) provides that the notice cannot specify grounds for the change of judge. A change for cause is governed separately by Rule 6.1.

Does a post-decree petition renew the right?

Rule 6(g) renews it if the judge assigned to preside over the post-decree proceeding has not previously ruled on a contested issue or held a hearing or conference in the family law case, and the party has not previously exercised the right in that case.

What can the judge still do after the notice is filed?

Rule 6(h)(1) allows the named judge to make such temporary orders as are necessary to prevent immediate and irreparable injury, loss or damage from occurring before the case can be transferred. If the named judge is the only judge in the county, that judge may also reassign the case.

Source & verification. Rule text and Rule History reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text

Also known as: change of judgeperemptory challengenotice of change of judgejudge as a matter of rightwaiver of change of judgereassignment