California Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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FAQ
The Code of Civil Procedure 170.6 CCP is the California law that says a judge can be disqualified from presiding over a civil lawsuit or criminal trial if the judge seems to be prejudiced against one of the parties or attorneys.
As of January 1st, 2022, AB 3070 is law. It makes jury selection more transparent by requiring an attorney who uses peremptory strikes to demonstrate that his or her behavior is unconnected to the juror's membership in a protected group or class.
If you have a case in superior court, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure (CCP) § 170.6 gives you the right to disqualify him or her without having to show a reason.
To raise a challenge, file an Affidavit of Prejudice Peremptory Challenge to Judicial Officer (form LACIV 015). A copy is available at . If you choose to draft your own affidavit, it must include specific language listed in the code cited above.
Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges.
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.
If the court grants the peremptory challenge, a new judge will take over the case. If the motion to recuse is deficient in some way, then it will be denied, and the current judge will remain on the case unless another motion is filed correctly.