Gant v. Helm

*584OPINION

KRUCKER, Judge.

Did the respondent court err in refusing to grant petitioner’s request for a change of judge? That is the question presented in this special action. The basis for the respondent judge’s ruling was that petitioner had waived her right to a change of judge as a matter of right because he had previously entered an order compelling her to answer certain interrogatories.

Rule 42(f), par. 1 (D), Rules of Civil Procedure, 16 A.R.S., provides in pertinent part:

“A party waives his right to change of judge as a matter of right when, after a judge is assigned to preside at trial or…