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Can I change the judge assigned to my case?

July 28th, 2011 11:49 pm

“When a Complaint for divorce is filed, the case is randomly assigned to one of the Family Court judges, in a blind lottery pool. Once filed, you and your spouse each have one limited opportunity to move the case to a different judge.

This is known as a Peremptory Challenge. A Peremptory Challenge must be properly and timely filed. You cannot wait for the judge to make decisions in your case and then decide you want a different judge. It also does not allow you to select the new judge, only to exclude the one that was first assigned.

If your Las Vegas divorce attorney believes the judge first randomly selected is desirable for your case, there is unfortunately nothing you can do to prevent your spouse’s attorney from moving your case to another judge.

Since you are not allowed to select the new judge, excluding the one first assigned is a risky proposition. There are no assurances that the new judge will be more appropriate for your case. You could possibly be assigned to a judge even less desirable than the first.”

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