12-406. Change of venue for cause; grounds; bond; appeal

208 words·~1 min read·/az/title-12/12-406

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. If either party to a civil action pending in the superior court, after answer has been filed, files an affidavit in the action alleging any of the grounds specified in subsection B and gives five days notice to the opposite party, the venue may be changed as provided in section 12-407.

B. Grounds which may be alleged as provided in subsection A for change of venue are:

1. That there exists in the county where the action is pending so great a prejudice against the party requesting a change of venue that he cannot obtain a fair and impartial trial.

2. That the convenience of witnesses and the ends of justice would be promoted by the change.

3. That there is other good and sufficient cause, to be determined by the court.

C. The party applying for the change of venue shall at the time of application file a bond to be approved by the judge of the court conditioned that he will pay all costs that may be adjudged against him in the action if the application is granted. The truth and sufficiency of the grounds shall be determined by the court, but a decision thereon refusing the change may be assigned as error on appeal.