Ariz. R. Sup. Ct. 95

As amended through August 22, 2024

Rule 95 - Visiting Judges

(a)Visiting Judges. The presiding judge shall initiate all requests for judges of the superior court in other counties to serve in the presiding judge's court.

(b)Service of Judges in Other Counties. The presiding judge shall supervise all requests for judges of the presiding judge's court to serve in other counties, and shall make all assignments of judges to other counties.

(c)Records. The presiding judge or court administrator shall maintain a record of all visits made by other judges to the presiding judge's court and by judges of the presiding judge's court to other counties.

(d)Transmitting Decision by a Visiting Judge; Duties of Clerk. When a judge of the superior court has heard a matter in a civil action or proceeding in a county other than that of that judge's residence, and has taken the action or proceeding under advisement, that judge may thereafter make an order in writing, or reduce the decision upon the trial of the action or proceedings to writing, and sign the order or decision.

(1) The judge will transmit the order or decision to the clerk of the court in the county in which the action is pending only if the judge is in that county at the time of signing the order.

(2) At any other time, the judge will transmit the order or decision to the clerk of the court in the county of the judge's residence.

Upon receipt of such order or decision the clerk shall forthwith notify the parties or their attorneys in writing that the order or decision of the judge who heard the action or proceeding has been filed in the clerk's office, effective the date the notice is mailed. If notice of the order or decision is mailed by the clerk of the court in the county of the judge's residence, such notice also shall be mailed to the clerk of the court in the county in which the action or proceeding is pending. Such order or decision, when filed with the clerk and the notice given as provided by this Rule, shall have the same force and effect as if made within the county where such action or proceeding is pending. Upon the expiration of ten days from giving such notice, in the case of a decision upon the trial of an action or proceeding, judgement shall be entered in accordance with such decision. The judgment may be signed by either the judge who rendered the decision or by the judge of the county in which the action or proceeding is pending.

(e)Extension of Time. A judge who has heard and determined a civil action or proceeding in another county may enlarge or extend the time for hearing or determining a motion for new trial or to set aside the judgment, or to file a certified transcript or statement of the evidence or proceedings, by a written order signed by the judge, and transmitted by mail to the clerk of the court in which the action or proceeding is pending. The order when filed with the clerk shall have the same force and effect as if made within the county where the action or proceeding is pending.

Ariz. R. Sup. Ct. 95

Added Oct. 10, 2000, effective 12/1/2000. Amended Jan. 23, 2001, effective 6/1/2001; 9/18/2006, effective 1/1/2007.

STATE BAR COMMITTEE NOTE 2000 AMENDMENT

As part of the effort to consolidate formerly separate sets of procedural rules into either the Arizona Rules of Civil Procedure or the Rules of the Arizona Supreme Court, various rule provisions contained in the Uniform Rules of Practice of the Superior Court and the Arizona Rules of Civil Procedure which were concerned primarily with the internal administration of the Superior Court were transferred to a retitled Section VII of the Rules of the Arizona Supreme Court. New Rule 95, which was promulgated in that process, is a composite of procedural provisions formerly contained in other rules. New Rules 95(a), (b) and (c) are former Rules X(a), (b) and (c) of the Uniform Rules of Practice of the Superior Court, which were also edited to render them gender neutral, New Rules 95(d) and (e) contain the provisions formerly contained in Rules 77(e) and 77(h), respectively, of the Arizona Rules of Civil Procedure.