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Delaware
Motion for Recusal of Judge - Removal

Delaware Motion for Recusal of Judge - Removal

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

Control #:

US-02218BG

Format:

Instant download

Description

A Judge should disqualify himself or herself in a proceeding where he or she:

"Has a personal bias or prejudice concerning a party;

"Has personal knowledge of disputed evidentiary facts;

"Served as a lawyer in the matter in controversy;

"Practiced law with a lawyer who, during the time of this association, handled the case in question;

"Has been a material witness in the case, or has practiced law with a lawyer who is a material witness;

"Has a financial or other interest in the subject or parties to the proceeding, or a member of his or her immediate family has such an interest;

"Is a party to or a lawyer in the proceeding, or is related to one who is so involved in the proceeding;

"Knows of a relative who has an interest that could be substantially affected by the outcome of the proceeding; or

"Is likely to be a material witness, or is related to one who is likely to be a material witness in proceeding.

Delaware Motion for Disclosure of Any Possible Basis of Judicial Recusal

Delaware Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Delaware Motion for Order of Remand for further consideration

Delaware Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

Delaware Motion to Clarify and / or Reconsider and for Protective order

How to fill out Motion For Recusal Of Judge - Removal?

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FAQ

Recusal means the withdrawal of a judge from any involvement in a case. It is sometimes referred to as ?disqualification.? (1) On the Court's Initiative. A judge may recuse on the judge's own initiative if the judge determines that recusal is appropriate pursuant to the Code of Judicial Conduct.

While the terms disqualification and recusal are used interchangeably, such use is a grievous error. If a judge is disqualified under the constitution, he or she is absolutely without jurisdiction in the case, and any judgment rendered by him or her is void, without effect, and subject to collateral attack.

To be ?disqualified? means a judge is removed from a court case, and an alternate judge will get assigned to the proceedings.

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.

The judge has personal or financial interest in the outcome. This particular ground varies by jurisdiction. Some require recusal if there is any interest at all in the outcome, while others only require recusal if there is interest beyond a certain value. The judge determines he or she cannot act impartially.

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.

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.

A recusal or disqualification is a method used to resolve an apparent or actual conflict of interest. A disqualified employee may be required to sign a written statement reflecting the scope of the disqualification and the precise nature of the conflicting interest or activity.

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