By GNGF on October 28th, 2022 in
What is a Change of Judge? In the State of Missouri, under Supreme Court Rule 51.05, a party is allowed one automatic change of the judge that has been assigned to their case. The party must file a motion requesting a replacement within 60 days of service of process or 30 days of the assignment of a new judge, whichever is longer. In divorce cases, this would mean filing the motion within 60 days after your spouse has been served with dissolution papers.
Should I Take a Change of Judge?
This can be a tricky question and definitely a dangerous game to play. While taking a change can have its’ advantages based on how certain judges deal with specific issues, there is never a guarantee as to the new judge you will be assigned or if the other side will then use their replacement if they do not like the new judge. It is important to hire an attorney that is very familiar with all of the judges. It is also a good idea to hire a lawyer who is familiar with which judges have lighter dockets, which can determine where your case might be moved to when you file your motion.
If you have further questions about this process or are in need of a divorce attorney, consider contacting St. Louis firm Bardol Law today.
