Sample Motion Disqualify Judge Form California
Description
How to fill out Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?
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FAQ
If you have a case in superior court, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure (CCP) § 170.6 gives you the right to disqualify him or her without having to show a reason.
If you want to disqualify a judge, you must file a motion that includes specific language listed in the law at CCP 170.6. 4. This motion must be filed on time. This means you can try to disqualify a judge any time before the trial starts.
California Code of Civil Procedure 170.1 CCP states that a party to a civil or criminal case can try to remove a judge ?for cause.? This means that the judge can be removed, or disqualified, from a case for a reason specifically listed within the statute.
A judge may also be challenged for cause under CCP §170.1. This type of motion is less likely to be granted because specific grounds and proof are required, i.e., conflict of interest, bias, financial interest, personal knowledge of facts, and relationship to a party or attorney.
This could be because the judge has personal knowledge of disputed facts in the case or because the judge served as a lawyer in the proceeding or advised a party in the proceeding. The judge could also be removed from the case if they have a financial interest in it or are related to one of the parties involved.