Motion Judge Template For Recuse
Description
How to fill out Motion For Recusal Of Judge - Removal?
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FAQ
Reasons for recusal When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception of biasness while deciding the case.
The general rule is that, to warrant recusal, a judge's expression of an opinion about the merits of a case, or his familiarity with the facts or the parties, must have originated in a source outside the case itself.
A motion to recuse: (A) must be filed as soon as practicable after the movant knows of the ground stated in the motion; and (B) must not be filed after the tenth day before the date set for trial or other hearing unless, before that day, the movant neither knew nor reasonably should have known: (i) that the judge whose ...
A recusal application can be based on either actual bias or apparent bias, and is generally a matter of whether the judicial officer might not bring an open mind to the resolution of the question that he or she is required to decide.
"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.