Williams v. Superior Court

OPINION

FIDEL, Presiding Judge.

A recent amendment to Rule 42(f), Arizona Rules of Civil Procedure, provides that a party waives the right to file an otherwise timely Notice of Change of Judge if, after receiving notice of a pending ruling on a contested issue, the party neglects to file the Notice of Change of Judge before the judge has ruled. Ariz. R. Civ. P. 42(f)(1)(D). In this special action, which challenges the trial court’s refusal to honor a Notice of Change of Judge, we consider whether such a waiver occurred. We find that there was no waiver because the parties had no notice of a…