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16-19-406. Change of venue to another justice upon showing of interest or prejudice.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-19-406. Change of venue to another justice upon showing of interest or prejudice.
(a) Either party in a suit before a justice of the peace may take a change of venue from one justice of the peace to another in the same township, but it shall be the duty of the party so applying, before the commencement of the trial, to file an affidavit among the papers in the action alleging that the justice is a material witness for the affiant, or of near relation to the other party, or so prejudiced against the affiant that he cannot obtain a fair and impartial trial before that justice. The justice shall thereupon transmit all the original papers in the case and a certified transcript of the proceedings to the nearest justice of the peace in the same township, who shall proceed in the case in the same manner as if the suit had originally been commenced before him.
(b) If there is no other justice of the peace in the township competent to try the case, it shall be certified to the nearest justice in any adjoining township, who shall try and determine the case in the same manner as if the parties were residents of his township and the suit had been originally commenced before him.
(c) Notwithstanding any other provision of this section, the same party shall not be allowed to file an affidavit pursuant to this section against two (2) justices in the same case.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-19-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-19-406
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c7595871a9bede4ad3b14914a245cec4cff93fee6240142fc4cb296831911d2f
Source location: content.xml paragraph 11034
Stored source content
16-19-406. Change of venue to another justice upon showing of interest or prejudice.
(a) Either party in a suit before a justice of the peace may take a change of venue from one justice of the peace to another in the same township, but it shall be the duty of the party so applying, before the commencement of the trial, to file an affidavit among the papers in the action alleging that the justice is a material witness for the affiant, or of near relation to the other party, or so prejudiced against the affiant that he cannot obtain a fair and impartial trial before that justice. The justice shall thereupon transmit all the original papers in the case and a certified transcript of the proceedings to the nearest justice of the peace in the same township, who shall proceed in the case in the same manner as if the suit had originally been commenced before him.
(b) If there is no other justice of the peace in the township competent to try the case, it shall be certified to the nearest justice in any adjoining township, who shall try and determine the case in the same manner as if the parties were residents of his township and the suit had been originally commenced before him.
(c) Notwithstanding any other provision of this section, the same party shall not be allowed to file an affidavit pursuant to this section against two (2) justices in the same case.
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