1 2 3 IN THE SUPERIOR COURT OF CALIFORNIA 4 COUNTY OF ORANGE 5 6 7 Plaintif f/Petiti oner 8 9 Case No. DECLARATION IN SUPPORT OF MOTION RE DISQUALIFICATION OF JUDGE (C.C.P. 170.6) v. 10 11 Defendant/Respondent.
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How to fill out the MOTION TO DISQUALIFY JUDGE CCP 1706 - Occourts online
This guide provides clear and supportive instructions on how to properly complete the Motion to Disqualify Judge CCP 1706 through an online platform. By following these steps, users can effectively navigate the form's components with ease.
Follow the steps to fill out the motion accurately.
- Press the ‘Get Form’ button to access the motion document and open it in your preferred interface.
- Fill in the case number in the designated field. This is essential for identifying your case within the court system.
- Identify the plaintiff or petitioner by entering their name in the appropriate section. This establishes who is requesting the disqualification.
- List the defendant or respondent's name as mentioned in the case documentation to accurately represent all parties involved.
- In the 'Declaration' section, indicate your name and professional title, clarifying your role as the attorney for a party in this case.
- Provide the name of the judge, clearly stating to whom the case is assigned, in the specified field.
- In the following section, explain the reason for the disqualification, indicating any perceived prejudice against the party or their attorney, necessary for justifying the motion.
- Indicate whether the judge has presided over any prior hearings or motions in this case by checking the appropriate box.
- Sign and date the declaration. Ensure your signature is included in the space provided to validate the document.
- Once you have completed the form, you can save your changes, download a copy for your records, and print if necessary before submission.
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Get answers to your most pressing questions about US Legal Forms API.
What is CA civil Code 170?
170. A judge has a duty to decide any proceeding in which he or she is not disqualified. 170.1. (a) A judge shall be disqualified if any one or more of the following are true: (1) (A) The judge has personal knowledge of disputed evidentiary facts concerning the proceeding.
What is 170.1 California?
(C) A judge has a duty to make reasonable efforts to inform himself or herself about his or her personal and fiduciary interests and those of his or her spouse and the personal financial interests of children living in the household.
What is the deadline for a 170.6 motion?
A section 170.6 challenge to a direct calendar judge assigned to a case for all purposes must be made for a civil case within 15 days of the party's notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party's first appearance.
What is a 170.6 challenge to a judge?
California Code of Civil Procedure section 170.6 provides that a judge may be disqualified from a case if he or she is prejudiced against a party, an attorney, or the interest of the party or the attorney. This is called a peremptory challenge.
What is a peremptory challenge of judge?
A party making a peremptory challenge by motion or affidavit of prejudice regarding an assigned judge must submit it in writing to the assigned judge within 20 days after service of the order assigning the judge to the coordination proceeding.
What is a motion for disqualification of judge California?
A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.
What is a motion to disqualify a judge in California?
A motion to recuse a judge can be filed by the prosecutor, the defense attorney, or the plaintiff or defendant in either a criminal or civil case. 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.
What does it mean to use a peremptory challenge?
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.
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