Reasons You May Want to Change the Judge in Your Arizona Debt Collection Lawsuit

Judges are people too.  And often, particularly in the Arizona Justice Court System, the judge assigned to your case can greatly impact the outcome of your debt collection lawsuit.  Judges each come to the bench with their own experiences and biases, and though I don’t question that each judge approaches each case with every intent of being fair and impartial, it is my experience that outcomes in debt collection cases can vary widely depending on who the judge is.

Here in Arizona it is possible to change the judge who is assigned to your debt collection case.  However there are certain requirements that must be met.  Though similar, there are different rules depending on whether your case is being heard in the Justice Court or the Arizona Superior Court for your county.  I will go over each below:

How to Request a Change of Judge in Your Debt Collection Lawsuit in Arizona’s Justice Court System

The rule governing changes in the judge in the justice court is Rule 133(d), Justice Court Rules of Procedure.  This rule states that either party may to a debt collection lawsuit has the right to request a change of judge if they file a written request with the justice court and the following requirements are met:

• A previous request to change the judge has not occurred.
• That trial either has not been set or is at least sixty (60) days away.
• And that party has not already allowed the current judge to conduct a conference with the parties or ruled on any contested motion or issue.

If you believe you need to change the judge because you believe that the judge is impartial and you will not receive a fair trial then you must ask for a change of venue under A.R.S. 22-204.  This statute allows you to file a written motion with the Arizona justice court explaining why you think you won’t get a fair trial.  You can file this request with the court even if you don’t meet all the requirements of Rule 133(d) – specifically if your current judge has already ruled on a contested issue in the case or if a trial date is less than sixty (60) days away.

How to Request a Change of Judge in Your Debt Collection Lawsuit in Arizona’s Superior Court System

In Arizona, the Superior Court handles cases where the amount in dispute is more than $10,000.  The rule that allows you to request a change of judge is found in Arizona’s Rules of Civil Procedure – Rule 42(f) to be specific.  In order to change a judge you must file a document entitled “Notice of Change of Judge” that certifies that the notice is being filed at least sixty (60) days prior to trial, and that you haven’t already waived your right to change the judge.  You waive your right to change the judge if any of the following have occurred:

• The judge rules on any contested issue;
• The judge has already granted or denied a motion that would eliminate one or more of the claims against you;
• The judge has already held a scheduled conference;
• Trial has commenced.

If you feel that you will not get a fair trial but may have already waived your right to a new judge based upon Rule 42(f), then you would have to file a written motion with the court under A.R.S. 12-409 providing the reasons why you believe the judge is not impartial in your debt collection case.

The short of it is, if you want to change a judge your best bet is to do it early on in the case.  You may want to ask around to others who have been before your particular judge and get their opinion or if you are hiring a lawyer like myself who has appeared before most of the judges numerous times I can take care of that for you.

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