Delaware Motion for Disclosure of Any Possible Basis of Judicial Recusal

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US-00800
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This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
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  • Preview Motion for Disclosure of Any Possible Basis of Judicial Recusal
  • Preview Motion for Disclosure of Any Possible Basis of Judicial Recusal
  • Preview Motion for Disclosure of Any Possible Basis of Judicial Recusal
  • Preview Motion for Disclosure of Any Possible Basis of Judicial Recusal
  • Preview Motion for Disclosure of Any Possible Basis of Judicial Recusal

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FAQ

The purpose for which litigants seek recusal of a judge on a multi-judge appellate court is primarily to prevent the allegedly conflicted judge from participating in the case.

A recusal is appropriate when a conflict of interest exists between an employee's job duties and financial interests (including interests in future employment) or certain business or personal relationships or outside activities. Employees are strongly encouraged to document their recusals in writing.

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

Key Concepts. Either party may move that the judge recuse him- or herself on the grounds of prejudice or conflict. The moving party bears the burden of proof. The defendant may also move to have the prosecutor recused from a case, but the court may grant such relief only upon an actual showing of conflict of interest.

Someone may be recused through his own decision or someone else's decision. Judges often recognize when they have a conflict of interest and recuse themselves. Recuse is a transitive verb, which is a verb that takes an object. Related words are recuses, recused, recusing, recusal.

Judges recuse themselves when they take no part in deciding cases that they would otherwise help decide. 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.

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Delaware Motion for Disclosure of Any Possible Basis of Judicial Recusal