What is a motion to disqualify an attorney in civil litigation?

A motion to disqualify an attorney in civil litigation is a procedure used to remove an attorney from a case. This can occur for a variety of reasons, including a conflict of interest or if the attorney has acted unethically. Disqualifying an attorney can be an important step in making sure that each litigant has a fair representation. In Arizona, the Arizona Rules of Civil Procedure outline the procedures for filing a motion to disqualify an attorney. A request for disqualification is usually made by the opposing party, and must include evidence and a statement of the reasons for the disqualification. After the motion has been filed, the court will review the motion and make a decision on whether to grant the motion or not. The court may also hold a hearing allowing for testimony and evidence to be presented. The court will consider the facts and evidence in order to determine if disqualifying the attorney is necessary for the case. If the court grants the motion, then the attorney must immediately withdraw from the case. In Arizona, motions to disqualify an attorney in civil litigation are important tools used to keep the proceedings fair and equitable. If an attorney has acted in a manner that could be considered unethical or has a conflict of interest, the motion to disqualify provides an avenue to ensure that a fair and unbiased resolution is reached in the case.

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