Gant v. Helm’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Rule 42(f), Rules of Civil Procedure, was amended in 1971. The State Bar Committee Note with respect to subsection (D) dealing with waiver points out that the above-quoted portion of the rule expressly includes affidavits as well as other types of evidence concerning the merits of the action and that the remainder of the rule is consistent with existing case law, citing as an example Marsin v. Udall, 78 Ariz. 309 , 279 P.2d 721 (1955). In Marsin, supra, the Supreme Court stated: ‘ * * * [Tjhis court is committed to the rule that if a judge is allowed to receive evidence which of necessity is to be used and weighed in deciding the ultimate issues, it is too late to disqualify him on the ground of bias and prejudice. * * * ’ 78 Ariz. at 315 , 279 P.2d at 725 . In Itasca State Bank v. Superior Court, 8 Ariz.App. 279 , 445 P.2d 555 (1968), we held that where the evidence presented at a default judgment hearing could not be ‘used or weighed’ in deciding issues presented in a proceeding for a preliminary injunction to prevent a sale to satisfy the judgment, the court had not heard ‘evidence’ which would make untimely a subsequently filed affidavit of disqualification of the judge. We stated: ‘It would seem, therefore, that before the rule of waiver can come into play, the hearing must involve a contested issue of law or fact. [Citation omitted] (Emphasis in original) 8 Ariz.App. at 281 , 445 P.2d at 557 .’ In ruling on the motion to compel answers to interrogatories, the responden”

   1 later decision quote this exact passage
   e.g. Rhodes v. Fisher

2. “A party waives his right to change of judge as a matter of right when, after a judge is assigned to preside at trial or is otherwise permanently assigned to the action, the party participates before that judge in: (i) Any judicial proceeding which concerns the merits of the action and involves the consideration of evidence or of affidavits; ....”

   1 later decision quote this exact passage
   e.g. City of Sierra Vista v. Cochise Enterprises, Inc.