This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
California Motion for Disclosure of Any Possible Basis of Judicial Recusal
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Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.
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.
File a Motion for Reconsideration Instead of escalating to a higher court, filing a motion for reconsideration goes directly to the judge overseeing the case. A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased.
Section 170.1 - Grounds for disqualification (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.
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.
There is, however, an exception to the ordinary recusal requirements, known as ?the rule of necessity,? which allows judges to hear a case in which virtually all other available judges would have the same disqualifying interest, and the case could not otherwise be heard.
The judge believes his recusal would further the interests of justice, the judge believes there is a substantial doubt as to his ability to be impartial, or. a person aware of the facts might cast doubt on the judge's ability to be impartial.
The motion shall be made within 60 days after the party or the party's attorney has been notified of the assignment.