12-409. Change of judge; grounds;
affidavit


A. If either party to a civil action in a superior court files an affidavit
alleging any of the grounds specified in subsection B, the judge shall at once transfer
the action to another division of the court if there is more than one division, or shall
request a judge of the superior court of another county to preside at the trial of the
action.


B. Grounds which may be alleged as provided in subsection A for change of judge
are:


1. That the judge has been engaged as counsel in the action prior to appointment or
election as judge.


2. That the judge is otherwise interested in the action.


3. That the judge is of kin or related to either party to the action.


4. That the judge is a material witness in the action.


5. That the party filing the affidavit has cause to believe and does believe that
on account of the bias, prejudice, or interest of the judge he cannot obtain a fair and
impartial trial.