§ 16-19-406 - Change of venue to another justice upon showing of interest or prejudice. - Arkansas Statutes

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.