An Illinois Order for Substitution of Judge or Refusal is a legal document that allows a party in a case to request that a judge step down from it. It is typically used when a party believes a judge is biased or has a conflict of interest that could influence the outcome of the case. There are two types of substitution orders in Illinois: substitution of judge and refusal. A substitution of judge order requires the judge to step down from the case and allows the parties to choose a different judge to preside over the case. This type of order is usually granted if the party can prove that the judge is biased or has acted improperly. A refusal order requires the judge to step down only from specific matters within the case. This type of order is usually granted if the party can prove that the judge has a financial or personal interest in the outcome of the case. In order to obtain an Illinois Order for Substitution of Judge or Refusal, the party must file a petition with the court. The petition must include evidence that the judge is biased or has a conflict of interest. The court will then review the petition and decide whether to grant it.
Illinois Order For Substitution of Judge Or Recusal
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How to fill out Illinois Order For Substitution Of Judge Or Recusal?
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FAQ
Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.
Your case may move to a new judge for reasons beyond your control, such as: In the general course of court administration, or ? If your judge recuses herself (removes herself from your case). For more information on Motions for Substitution, see 735 ILCS 5/2-1001.
As you may recall, the Illinois Code of Civil Procedure allows substitute service, through which process can be served by leaving a copy of the summons at a defendant's abode, with some family member or resident over the age of 13. 735 ILCS 5/2-203(a)(2).
A party may request a substitution of judge for cause by filing a verified petition, supported by an affidavit, setting forth a good reason that the judge should be substituted. Once the petition has been filed, a hearing will be held before a different judge to determine whether the substitution will be permitted.
Substitution of judge without cause as a matter of right. of right shall be made by motion and shall be granted if it is presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case, or if it is presented by consent of the parties.