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My brother is the small claims judge in our town.

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  • My brother is the small claims judge in our town.

    NY
    My brother is the small claims judge in our town.
    Will that stop him from hearing my case against a neighbor.

  • #2
    I wish to inform you that either you or your neighbor may make an application in court that matter should not be herd by your brother as he may not be free and fair in making decision. Your brother may also recuse himself from hearing the case on the ground that he knows a party to the litigation. Your case may then be assigned to some other judge.

    AFF

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    • #3
      Originally posted by 3 TARQ View Post
      NY
      My brother is the small claims judge in our town.
      Will that stop him from hearing my case against a neighbor.
      It would be a good idea to ask your brother about that before you file. Could save you time, effort, and money, rather than have to file twice if you have to go to another town.

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      • #4
        If there is another judge available, and then sometimes there may not be, many judges would pass the case to another judge if the relative is so close as a brother of one of the parties. Especially if a party wants the change.

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