Illinois Order For Substitution of Judge Change Of Venue Or Refusal is a legal form that is used when a party in a case requests the substitution of a judge, a change of venue, or a refusal due to a conflict of interest or other reasons. This form includes the order of substitution, change of venue, or refusal, the reasons for the request, and any other relevant information. In Illinois, there are three types of Order For Substitution of Judge Change Of Venue Or Refusal: substitution of judge, change of venue, and refusal. Substitution of Judge: A substitution of judge occurs when a party requests the substitution of the assigned judge for another judge due to a perceived bias or conflict of interest. Change of Venue: A change of venue occurs when a party requests that the case be transferred from one court to another due to a perceived bias or conflict of interest. Refusal: A refusal occurs when a judge voluntarily removes himself or herself from a case due to a perceived bias or conflict of interest.
Illinois Order For Substitution of Judge Change Of Venue Or Recusal
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FAQ
The Commission has the authority to remove a judge from office, suspend a judge without pay, censure or reprimand the judge, or retire a judge who is unable to perform his or her duties.
Sec. 114-5. Substitution of judge. (a) Within 10 days after a cause involving only one defendant has been placed on the trial call of a judge the defendant may move the court in writing for a substitution of that judge on the ground that such judge is so prejudiced against him that he cannot receive a fair trial.
You may bring a motion to reconsider within thirty days if the court has made an error in applying the law. Therefore, a motion to reconsider is not a weapon to be used to change the court's mind. It is a tool for the rare instances where new evidence comes to light, the law changes, or the court has made a mistake.
Section 735 ILCS 5/2-1001.5 - Change of venue (a) A change of venue in any civil action may be had when the court determines that any party may not receive a fair trial in the court in which the action is pending because the inhabitants of the county are prejudiced against the party, or his or her attorney, or the
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.
Substitution of judge for cause, a hearing to determine whether the cause exists shall be conducted as soon as possible by a judge other than the judge named in the petition. The judge named in the petition need not testify but may submit an affidavit if the judge wishes.
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.