Ariz. R. Fam. Law. proc. 88

As amended through August 22, 2024

Rule 88 - Judge's Inability to Proceed

If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed with the hearing or trial if that judge certifies familiarity with the record and determines that the action may be completed without prejudice to the parties. If an adequate record is unavailable, the replacement judge must recall any witness if all of the following are true:

(a) it is requested by a party;

(b) the testimony is material and disputed; and

(c) the witness is available to testify again without undue burden.

The replacement judge also may recall any other witness.

Ariz. R. Fam. Law. proc. 88

Added Oct. 19, 2005, effective 1/1/2006. Amended Sept. 5, 2007, effective 1/1/2008; amended effective1/1/2019.