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Motion for Recusal of Judge - Removal

Iowa Motion for Recusal of Judge - Removal

Q: What are the standards for judicial recusal?

The general rule is that, to warrant recusal, a judge&#039;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.

Q: What is the federal rule for recusal of judges?

United States, 510 U.S. 540 (1994)28 U.S.C. 455(a) requires recusal of a judge in any proceeding in which his impartiality may be questioned. The Supreme Court holds that matters arising out of the course of judicial proceedings ? either in this case, or in a prior case ? are not a proper basis for recusal.

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.

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

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FAQ

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.

United States, 510 U.S. 540 (1994)28 U.S.C. §455(a) requires recusal of a judge in any proceeding in which his impartiality may be questioned. The Supreme Court holds that matters arising out of the course of judicial proceedings ? either in this case, or in a prior case ? are not a proper basis for recusal.

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.

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.

A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person.

A judicial officer is disqualified from acting in a proceeding, except upon the consent of all of the parties, if any of the following circumstances exists: a. The judicial officer has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.

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.

The party just has to state that he believes the judge is prejudiced against him and the party does not believe he can have a fair and impartial trial. Once a peremptory challenge is made, the judge cannot oppose it.

Iowa Motion for Recusal of Judge - Removal

Description

Related forms

Viewed forms

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

Form popularity

FAQ

What are the standards for judicial recusal?

What is the federal rule for recusal of judges?

What is the standard for recusal of judge?

What is the rule of necessity in recusal?

What is the rule of civil procedure 1.503 in Iowa?

What is the code 602.1606 in Iowa?

What is the basis for recusal?

How do you make a judge recuse himself?

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Iowa Motion for Recusal of Judge - Removal

Description

Related forms

Viewed forms

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

Form popularity

FAQ

What are the standards for judicial recusal?

What is the federal rule for recusal of judges?

What is the standard for recusal of judge?

What is the rule of necessity in recusal?

What is the rule of civil procedure 1.503 in Iowa?

What is the code 602.1606 in Iowa?

What is the basis for recusal?

How do you make a judge recuse himself?

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