Sample Motion Disqualify Judge Withdraw
Description
How to fill out Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?
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FAQ
If, at any time after the petition is filed, the petitioner desires to withdraw the same, he shall file with the hearing clerk (or, if filed during the course of a hearing, with the judge) a written request for permission to withdraw.
"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.
For the withdrawal of the complaint, under Section 257, consent of the court is mandatory. Once the complaint is withdrawn by the complainant it will not directly result in stopping prosecution of the accused. The Court needs to pass an order of absolution, i.e. order of releasing the accused from the offences.
A motion to disqualify shall set forth all specific and material facts upon which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) the party reasonably fears that he or she will not receive a fair trial or hearing because of specifically described ...
Order 23, Rule 1(3) of the CPC provides that if a plaintiff desires to withdraw from the suit with liberty to institute a fresh suit in respect of the subject-matter of such suit, then such plaintiff must seek the permission of the court in its application for withdrawal.