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

Ariz. Rev. Stat. § 12-408 (2026)

Procedure for change of venue when county is a party

✓ current as of May 2026
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A. In a civil action pending in the superior court in a county where the county is a party, the opposite party is entitled to a change of venue to some other county without making an affidavit therefor.

B. The party applying for the change of venue shall pay the cost thereof and give a bond to the opposite party as in other cases.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1966–2024 · leading case: Yarbrough v. Montoya-Paez, 147 P.3d 755 (Ariz. Ct. App. 2006).
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Yarbrough v. Montoya-Paez, 147 P.3d 755 (Ariz. Ct. App. 2006). · cites it 37× “§ 12-401(15), then moved for a change of venue as permitted by A.R.S. § 12-408, to have the ease transferred to Pima County.”
Maricopa Cnty. v. Barkley, 812 P.2d 1052 (Ariz. Ct. App. 1990). · cites it 5× “Upon motion by Barkley and Estes, and pursuant to A.R.S. § 12-408, venue was moved to Yavapai County.”
Yuma Cnty. v. Keddie, 647 P.2d 1150 (Ariz. 1982). · cites it 11× “There is only one question we consider and that is: May the right to a change of venue pursuant to A.R.S. § 12-408 be waived by unnecessary delay? The facts necessary to a determination of this issue are the following.”
GAC Props., Inc. of Arizona v. Farley, 481 P.2d 526 (Ariz. Ct. App. 1971). · cites it 12× “Santa Cruz County was named as a party defendant as were certain officials of Santa Cruz County, the Santa Cruz Board of Supervisors, the County Board of Equalization, the State Board of Property Tax Appeals, and the Department of Property Valuation.”
Cochise Cnty. v. Helm, 635 P.2d 855 (Ariz. Ct. App. 1977). · cites it 12× “A timely motion for a change of venue was subsequently filed by real parties in interest pursuant to A.R.S. § 12-408. The motion was granted and the case was ordered transferred to Pima County.”
Massengill v. Superior Court, 416 P.2d 1009 (Ariz. Ct. App. 1966). · cites it 6× “* * *" "§ 12-408. A. In a civil action pending in the superior court in a county where the county is a party, the opposite party is entitled to a change of venue to some other county without making an affidavit therefor.”
Arizona Water Co. v. City of Yuma, 436 P.2d 147 (Ariz. Ct. App. 1968). · cites it 6× “A.R.S. § 12-408 provides for a change of venue by the opposite party when a county is a party.”
Sierra Tucson Crc Health Grp. v. Louise Litwack, 282 P.3d 1275 (Ariz. Ct. App. 2012). · cites it 2× “2d 1150, 1151 (1982) (interpretation and application of A.R.S. § 12-408 matter of statewide importance justifying acceptance of special-action jurisdiction).”
Ford Motor Co. v. Superior Court, Etc., 608 P.2d 49 (Ariz. Ct. App. 1979). · cites it 4× “A.R.S. § 12-408(A) states that in a civil action, where a county is party, the opposite party is entitled to a change of venue to another county.”
Cochise Cnty. v. Borowiec, 781 P.2d 1379 (Ariz. Ct. App. 1989). · cites it 2× “The trial court did not rule on the request of the real parties in interest for change of venue pursuant to A.R.S. § 12-408 and it has not been raised in this special action.”
Mohave Cnty. v. James R. Brathovde Fam. Trust, 928 P.2d 1247 (Ariz. Ct. App. 1996). · cites it 2× “section 12-408 applied to the condemnation statute.”
Yavapai Cnty. v. Superior Court, 476 P.2d 889 (Ariz. Ct. App. 1970). · cites it 3× “The motion was based upon A.R.S. § 12-408, subsec. A, which provides : “A.”
Show all 17 citing cases →
— Ariz. Rev. Stat. § 12-408(A) — 7 cases
Yarbrough v. Montoya-Paez, 147 P.3d 755 (Ariz. Ct. App. 2006). “§ 12-401(15), then moved for a change of venue as permitted by A.R.S. § 12-408, to have the ease transferred to Pima County.”
Yuma Cnty. v. Keddie, 647 P.2d 1150 (Ariz. 1982). “There is only one question we consider and that is: May the right to a change of venue pursuant to A.R.S. § 12-408 be waived by unnecessary delay? The facts necessary to a determination of this issue are the following.”
Ford Motor Co. v. Superior Court, Etc., 608 P.2d 49 (Ariz. Ct. App. 1979). “A.R.S. § 12-408(A) states that in a civil action, where a county is party, the opposite party is entitled to a change of venue to another county.”
Maricopa Cnty. v. Barkley, 812 P.2d 1052 (Ariz. Ct. App. 1990). “Upon motion by Barkley and Estes, and pursuant to A.R.S. § 12-408, venue was moved to Yavapai County.”
Mohave Cnty. v. James R. Brathovde Fam. Trust, 928 P.2d 1247 (Ariz. Ct. App. 1996). “section 12-408 applied to the condemnation statute.”
— Ariz. Rev. Stat. § 12-408(B) — 2 cases
Yarbrough v. Montoya-Paez, 147 P.3d 755 (Ariz. Ct. App. 2006). “§ 12-401(15), then moved for a change of venue as permitted by A.R.S. § 12-408, to have the ease transferred to Pima County.”
Yarbrough v. Roberts Enter., Dewitt, Avator Holdings (Ariz. Ct. App. 2006).
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