Legal Question in Family Law in Nevada

can i ask for different judge because in my divorce my attorney never declared that there was abuse in the home and he has done things to the kids and I went to court with all the evidence and asked if they can talk to the kids the judge did not want to hear the kids can I ask for a different judge because its been the same judge on both occasions can i ask for a different judge and we are in nevada


Asked on 9/11/12, 10:48 pm

1 Answer from Attorneys

John Courtney John Peter Lee, Ltd.

In Nevada, if you wish to have a different judge assigned to your case, generally, you must request a peremptory challenge; however, your opportunity to do so has probably expired. Nevada Supreme Court Rule 48.1 controls the manner in which a judge may be challenged on a peremptory basis and a different judge assigned to your case. First, the challenge must be made no later than 10 days after notification of the first hearing date, or not less than 3 days before the date set for any hearing on a contested matter, whichever occurs first in time. Second, the notice must be filed in writing and signed by the challenging party or her attorney. Third, a filing fee of $300.00 must be paid. The only other way to challenge a judge and have another judge reassigned to your case is to prove that the judge is biased or has engaged in some sort of fraudulent act with respect to the disposition of your case.

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Answered on 9/12/12, 3:37 pm


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