Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-404 (2026)

Action brought in wrong county; jurisdiction; application for transfer; hearing

✓ current as of May 2026
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A. If an action is not brought in the proper county, the court shall nevertheless have jurisdiction and may hear and determine the action unless the defendant, before expiration of the time allowed to answer, files with the clerk of the court in which the action is brought an affidavit of the defendant, his agent or attorney, stating that the county in which the action is brought is not the proper county and stating the county of the defendant's residence, and praying that the action be transferred to the proper county.

B. A copy of the affidavit shall be served upon plaintiff, and unless the affidavit is controverted under oath, within five days after service, the court shall order the action transferred to the proper county.

C. If the affidavit is controverted, the court shall hear the issue thus presented and shall order the action retained in the court in which it is brought, or transferred to the proper county.

Notes of Decisions
Cited in 39 cases (1 in the last 5 years), 1942–2024 · leading case: Sierra Tucson Crc Health Grp. v. Louise Litwack, 282 P.3d 1275 (Ariz. Ct. App. 2012).
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Sierra Tucson Crc Health Grp. v. Louise Litwack, 282 P.3d 1275 (Ariz. Ct. App. 2012). · cites it 21× “(jointly referred to as Sierra Tucson), defendants in the underlying wrongful death action, challenge the respondent judge’s denial of their motion for a change of venue pursuant to A.R.S. § 12-404, from Pima County to Pinal County, where Sierra Tucson’s psychiatric hospital and…”
Amparano v. Asarco, Inc., 93 P.3d 1086 (Ariz. Ct. App. 2004). · cites it 10× “¶ 13 The Ampáranos next argue that, even if venue in this ease is controlled by § 12-401(12), the trial court erred in dismissing the case rather than transferring it to the proper county under A.”
Sil-Flo Corp. v. Bowen, 402 P.2d 22 (Ariz. 1965). · cites it 8× “By A.R.S. § 12-404, if an action is brought in the wrong county, “the court shall nevertheless have jurisdiction” unless the defendant, before the expiration of the time allowed to answer, files an affidavit stating that the county in which the action is brought is not the…”
Reilly v. Super. Ct. in & for Maricopa Cty., 687 P.2d 1295 (Ariz. Ct. App. 1984). · cites it 10× “1 We agree that the trial court was required to grant the Reillys’ motion for transfer of venue under A.R.S. § 12-404. A defendant may insist upon being sued in the county of his or her residence, unless it is shown that the lawsuit falls within one of the nineteen exceptions…”
Lemons v. Superior Court of Gila Cnty., 687 P.2d 1257 (Ariz. 1984). · cites it 3× “After a hearing on May 24, 1982, Judge Fidel denied the motion to dismiss with prejudice and ordered a clarification of the March 8 order “to reflect that change of venue is ordered pursuant to A.R.S. § 12-404” which clearly indicated that petitioners bore the burden of paying…”
Concini v. Sullivan, 188 P.2d 592 (Ariz. 1948). · cites it 6× “It is the position of the relator that by provisions of section 12-404, A. C. A. 1939, a vacancy was created in the office of Attorney General by the conviction of respondent of offenses involving a violation of his official duties as Attorney General, which vacancy the Governor…”
Yarbrough v. Montoya-Paez, 147 P.3d 755 (Ariz. Ct. App. 2006). · cites it 2× “Section 12-404, A.R.S., pertains to actions filed initially in a county in which venue is not proper.”
Dunn v. Carruth, 784 P.2d 684 (Ariz. 1989). · cites it 4× “§ 12-401, or be subject to a motion to dismiss for improper venue, see rule 12(b)(3), Arizona Rules of Civil Procedure, or a motion for venue change under A.R.S. § 12-404 (actions filed in wrong county).”
Mohave Cnty. v. James R. Brathovde Fam. Trust, 928 P.2d 1247 (Ariz. Ct. App. 1996). · cites it 6× “section 12-404(A) that venue is not jurisdictional and can be waived.”
Kelvin Bourke v. Grey Wolf Drilling Co., LP, Now Known as Precision Drilling Co., LP, 2013 WY 93 (Wyo. 2013). · cites it 2× “A copy of the affidavit shall be served upon plaintiff, and unless the affidavit is controverted under oath, within five days after service, the court shall order the action transferred to the proper county.”
Butler Law v. Hon. higgins/winslow Mem'l, 410 P.3d 1223 (Ariz. 2018). · cites it 2× “¶ 3 The relationship between the parties soured. In January 2016, the Hospital sued BLF, Butler, and Williams, a non-member attorney employed by BLF.”
Massengill v. Superior Court, 416 P.2d 1009 (Ariz. Ct. App. 1966). · cites it 4× “" "§ 12-404. A. If an action is not brought in the proper county, the court shall nevertheless have jurisdiction and may hear and determine the action unless the defendant, before expiration of the time allowed to answer, files with the clerk of the court in which the action is…”
Show all 39 citing cases →
— Ariz. Rev. Stat. § 12-404(A) — 13 cases
Amparano v. Asarco, Inc., 93 P.3d 1086 (Ariz. Ct. App. 2004). “¶ 13 The Ampáranos next argue that, even if venue in this ease is controlled by § 12-401(12), the trial court erred in dismissing the case rather than transferring it to the proper county under A.”
Mohave Cnty. v. James R. Brathovde Fam. Trust, 928 P.2d 1247 (Ariz. Ct. App. 1996). “section 12-404(A) that venue is not jurisdictional and can be waived.”
Sierra Tucson Crc Health Grp. v. Louise Litwack, 282 P.3d 1275 (Ariz. Ct. App. 2012). “(jointly referred to as Sierra Tucson), defendants in the underlying wrongful death action, challenge the respondent judge’s denial of their motion for a change of venue pursuant to A.R.S. § 12-404, from Pima County to Pinal County, where Sierra Tucson’s psychiatric hospital and…”
Butler Law v. Hon. higgins/winslow Mem'l, 410 P.3d 1223 (Ariz. 2018). “¶ 3 The relationship between the parties soured. In January 2016, the Hospital sued BLF, Butler, and Williams, a non-member attorney employed by BLF.”
Sierra Tucson, Inc. v. Bergin Ex Rel. Cnty. of Pima, 372 P.3d 1031 (Ariz. Ct. App. 2016).
— Ariz. Rev. Stat. § 12-404(B) — 3 cases
Sierra Tucson Crc Health Grp. v. Louise Litwack, 282 P.3d 1275 (Ariz. Ct. App. 2012). “(jointly referred to as Sierra Tucson), defendants in the underlying wrongful death action, challenge the respondent judge’s denial of their motion for a change of venue pursuant to A.R.S. § 12-404, from Pima County to Pinal County, where Sierra Tucson’s psychiatric hospital and…”
Reilly v. Super. Ct. in & for Maricopa Cty., 687 P.2d 1295 (Ariz. Ct. App. 1984). “1 We agree that the trial court was required to grant the Reillys’ motion for transfer of venue under A.R.S. § 12-404. A defendant may insist upon being sued in the county of his or her residence, unless it is shown that the lawsuit falls within one of the nineteen exceptions…”
Morgan v. Foreman, 973 P.2d 616 (Ariz. Ct. App. 1999).
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