Motion To Recuse Federal Judge For Leave

State:
Multi-State
Control #:
US-02218BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion to Recuse Federal Judge for Leave is a formal legal document used to request the disqualification of a federal judge from a case. The form serves to articulate clear grounds for the recusal, outlining specific reasons why the involved judge may have a conflict of interest or bias. Key features of this form include sections for identifying the parties, the judge, and the precise grounds for the motion, as well as a notice of motion detailing the hearing schedule. Completion of this document requires careful attention to detail, including proper citation of the judge's name and case specifics. Attorneys and legal assistants will find this form useful for ensuring that procedural standards are met when seeking to remove a judge from a case due to potential bias or conflicts. Fillable fields include names, dates, and court information, which allows for a customizable presentation based on individual case needs. The certificate of service section is crucial as it confirms the proper notification of the opposing party about the recusal motion. The target audience, including attorneys, partners, owners, associates, paralegals, and legal assistants, can rely on this document to uphold legal integrity in the courtroom and enhance their case strategy.
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FAQ

All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be in writing, accompanied by an affidavit asserting the facts upon which the motion is founded, and timely filed.

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.

Illinois has a simple and effective provision for a Motion for Substitution of Judge as of Right, 735 ILCS 5/2-?1001(2), in civil cases for any reason. ?As of Right? Motions must be filed before any substantive matters have been decided in the case or must be filed pre-?trial, if the parties agree to the motion.

"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

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Motion To Recuse Federal Judge For Leave