venue; employee conflict; superior court

Plain English Breakdown

The official source states the effective date is the general effective date but does not provide a calendar date for this bill specifically in the provided text.

Rules for Changing Court Locations When a Party Works in the Courts

This law gives parties in civil cases the right to move their case to another county if one of the parties works for the court system and meets specific conditions.

What This Bill Does

• Gives a party the automatic right to change venue if they are an employee holding a leadership or supervisory role, such as a judge, clerk, or division director.
• Allows an automatic change of venue if the employee works in the same court division where their case is assigned.
• Requires courts to move eligible cases to the nearest neighboring county unless both parties agree on a different location.
• Limits other requests for moving cases based only on employment to situations showing actual bias that cannot be fixed by changing judges or reassigning staff.
• Clarifies that these new rules do not stop courts from using existing methods like recusal, reassignment, or visiting judges.

Who It Names or Affects

• Parties involved in civil lawsuits pending in Arizona superior court
• Employees of the judicial branch who hold leadership positions
• Clerks and staff working within specific divisions of the superior court
• Superior courts located in counties with three or fewer divisions

Terms To Know

Change of venue

Moving a legal case from one county to another for trial.

Matter of right

A situation where the law guarantees an action must happen if specific conditions are met, without needing extra proof.

Recusal

When a judge steps aside from a case to avoid conflict or bias.

Limits and Unknowns

• The law does not state the specific date it becomes effective, only that it follows the general effective date.
• Courts must still determine if 'good cause' exists for venue changes in cases involving non-leadership employees who do not meet the automatic criteria.

Official Summary Text

HB2126 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
H.B. 2126

venue; employee conflict;
superior court

Purpose

Grants a party
to a civil action pending in the superior court the right to a change of venue
when a party to the action is an employee of the judicial branch or the clerk
of the superior court in the county where the action is pending and specified
conditions are met.

Background

In Arizona, a
person may not be sued outside of the county in which the person resides,
except under certain circumstances, including when: 1) there are several
defendants who reside in different counties; 2) the action is against a public
officer, in which case the action must be brought in the county in which the
public officer holds office; and 3) the case is one of fraud or defalcation of
public officers, in which case the action may be brought in the county in which
the fraud was committed or the defalcation occurred (
A.R.S.
� 12-401
).

The superior
court may transfer an action for trial to the superior court of a different
county upon written consent of the parties or the parties' attorneys. Venue may
also be changed if either party to a civil action pending in the superior court
files an affidavit in the action, after answer has been filed, alleging that:
1) there is so great a prejudice against the party requesting a change of venue
in the county where the action is pending that the party cannot obtain a fair
and impartial trial; 2) the convenience of witnesses and the ends of justice
would be promoted by the change; or 3) there is other good and sufficient
cause, as determined by the court (A.R.S. ��
12-405

and

12-406
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Specifies
that, if a party to a civil action in the superior court is an employee of the
judicial branch or the clerk of the superior court in the county where the
action is pending, a change of venue as a matter of right only applies if the:

a)

employee holds or held a leadership or supervisory position at the time
the action was filed, including the position of judge, commissioner, presiding
judge, court administrator, clerk of the superior court, chief deputy clerk,
division director or an equivalent management position;

b)

employee works or worked in the same division of the superior court to
which the action is assigned; or

c)

superior
court in the county where the action is pending has three or fewer divisions,
and the employee is employed by the judicial branch or clerk of the superior
court in that county.

2.

Stipulates that, if a party meets any of the outlined criteria for
change of venue, either party is entitled to a change of venue as a matter of
right.

3.

Requires the court, on request of the party applying for the change of
venue, to transfer the action to the most convenient adjoining county or to a
county agreed upon by the parties.

4.

Stipulates that, if a party does not meet the outlined criteria, a
change in venue based solely on a party's employment may only be granted on a
showing of good cause, including a demonstrated risk of actual bias or
appearance of impropriety that cannot be adequately addressed through recusal,
reassignment or use of a visiting judge.

5.

Specifies that the outlined change of venue requirements relating to
employees of the judicial branch or clerk of the superior court do not limit or
replace any other authority of the court to order recusal, reassignment or
appointment of a visiting judge.

6.

Becomes effective on the general effective date.

House Action

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Prepared by Senate Research

March 2, 2026

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Current Bill Text

Chapter 0045 - 572R - H Ver of HB2126

House Engrossed

venue; employee
conflict; superior court

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

CHAPTER 45

HOUSE BILL 2126

AN
ACT

AMENDING title 12, chapter 4, article 1, ARIZONA
REVISED STATUTES, by adding section 12-412; RELATING TO CHANGE OF VENUE.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 12-412, to read:

START_STATUTE
12-412.

Procedure for change of venue when a party is a court or clerk
employee

A. If a party to a civil action
pending in the superior court is an employee of the judicial branch or the
clerk of the superior court in the county where the action is pending, a change
of venue as a matter of right
, applies only if one or
more of the following conditions are met:

1. The employee holds or held at the
time the action was filed a leadership or supervisory position, including a
judge, commissioner, presiding judge, court administrator, clerk of the superior
court, chief deputy clerk or division director or an equivalent management
position with authority over court operations or personnel.

2. The employee works or worked in
the same division of the superior court to which the action is assigned.

3. The superior court in the county
where the action is pending has three or fewer divisions, and the employee is
employed by the judicial branch or the clerk of the superior court in that
county.

B. If a party meets the criteria
prescribed in subsection a of this section, either party is entitled to a
change of venue as a matter of right.� On request of the party applying for the
change of venue, the court shall transfer the action to the most convenient
adjoining county, unless the parties agree to another county, in which case the
court shall transfer the action to the agreed-
on
county.

C. If a party does not meet the
criteria prescribed in subsection a of this section, a change of venue based
solely on the party�s employment with the judicial branch or the clerk of the
superior court may be granted only on a showing of good cause, including a
demonstrated risk of actual bias or the appearance of impropriety that cannot
be adequately addressed through recusal, reassignment or use of a visiting
judge.

D. This section does not limit or
replace any other authority of the court to order recusal, reassignment or
appointment of a visiting judge under existing law or rule.
END_STATUTE

APPROVED BY THE GOVERNOR APRIL 13, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2026.