Motion To Request A New Judge
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.
What Can You Do If a Judge is Unfair? Request Recusal. It's possible ? and necessary ? for a judge to recuse his or herself when certain elements are involved in a case. ... File Appeal to Send Decision to a Higher Court. ... File a Motion for Reconsideration. ... File a Grievance on the Basis of Unethical Behavior.
Also, requests for recusal should be in the form of a motion. In many areas if there is a VALID complaint of judicial misconduct filed with, or being processed by, the local judicial disciplinary board, one has a better chance of successful recusal at hearings FOLLOWING the filing of the complaint.
In person: In an interview, social event, or in court, address a judge as ?Your Honor? or ?Judge [last name].? If you are more familiar with the judge, you may call her just ?Judge.? In any context, avoid ?Sir? or ?Ma'am.? Special Titles.
If your peremptory challenge is granted, a new judge will be assigned. If your peremptory challenge is denied, the judge will remain on your case.