Motion, Affidavit and Notice for Change of Judge and Order: This Motion asks the court to remove the current judge assigned to the case, and replace him/ her with another. The Motion should list reasons why this request is being made. Also included, is a Notice to opposing counsel that the Motion has been made, as well as an Order Granting the Motion. This Order is to be signed by the court and filed with the clerk's office. This form is available in both Word and Rich Text formats.
In Phoenix, Arizona, a Motion, Affidavit, and Notice for Change of Judge and Order is a legal document used to request a change of judge for a particular case. This document is filed in the court where the case is being heard and includes specific information and reasons for why a change of judge is being sought. This motion is typically filed when a party believes that the assigned judge is biased, has a conflict of interest, or for other valid reasons that may affect the fairness and impartiality of the trial. It is essential to provide enough evidence and reasoning to support the request for a change of judge. The Motion, Affidavit, and Notice for Change of Judge and Order must contain specific keywords and information to ensure its validity and proper processing by the court. Some relevant keywords that should be included in the document are: 1. Motion: This refers to the formal request or petition being made to the court. It should clearly state the intent to change the assigned judge and the reasons or grounds for the request. 2. Affidavit: An affidavit is a sworn statement made by a person with direct knowledge or involved in the case. It should succinctly present facts, events, or any other information supporting the allegation of bias or conflict of interest in the judge. 3. Notice: This refers to the official notification given to all parties involved in the case, including the current judge, opposing counsel, and any other relevant parties, about the intent to seek a change of judge. It should specify the date and time of the hearing on the motion. 4. Change of Judge: This phrase signals the primary purpose of the document — to request a replacement for the current judge. It should be explicitly stated that the party seeks a different judge because of alleged bias, conflict, or other legitimate grounds. 5. Order: An order is an official directive or decision issued by the court. In this context, it refers to the court's decision on whether to grant or deny the requested change of judge. An order should be requested as part of the filing and should be included in the document to ensure that the court provides a clear decision on the matter. It is worth noting that the specific title or headings of this motion may vary based on the court's rules and regulations. For example, it may be referred to as a "Motion to Change Judge" or "Application for Change of Judge." However, the content and purpose of the document remain the same.
