Sarchett v. Superior Court

OPINION

GERBER, Judge.

This special action arises from the trial court’s rejection of petitioners’ (“Sarchetts”) request for change of judge pursuant to Rule 42(f)(1), Arizona Rules of Civil Procedure.

We accept jurisdiction to clarify the meaning of the waiver provision of Rule 42(f)l(D)(i), Arizona Rules of Civil Procedure. The interpretation of this newly amended rule presents an issue of statewide importance impacting all trial courts.

FACTS

The City of Phoenix filed a complaint in eminent domain against the Sarchetts seeking immediate possession of their real property. The city applied for an…