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Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or...

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

Q: How is a judge officially come to be recused from a proceeding?

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 disqualifies a judge in Kentucky?

1 Under this Rule, a judge is disqualified whenever the judge&#039;s impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (A)(1) through (5) apply.

Category:

Affidavits - Civil Procedure

State:

Multi-State

Control #:

US-02219BG

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 Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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FAQ

California Law Regarding Judicial Disqualification The Code of Civil Procedure 170.6 CCP is the California law that says a judge can be disqualified from presiding over a civil lawsuit or criminal trial if the judge seems to be prejudiced against one of the parties or attorneys.

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.

[1] Under this Rule, a judge is disqualified whenever the judge's impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (A)(1) through (5) apply.

Although there can be some technical differences between the two terms, ?recuse? can usually be used interchangeably with ?disqualify.? When a judge is disqualified or recused from a case, he or she does not participate. In trial courts and some appellate courts, another judge hears it in place of the one who recused.

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.

Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.

Allows a party to seek disqualification of the assigned trial judge where the party feels he will not receive a fair trial or hearing because of a specifically described prejudice or bias of the judge.

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

Description

Related forms

How to fill out Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

Form popularity

FAQ

Why would a judge be disqualified?

How is a judge officially come to be recused from a proceeding?

What disqualifies a judge in Kentucky?

What is the difference between recusal and disqualification of judges?

When should you ask a judge to recuse?

What does it mean when a judge is recusal?

What is the recusal process?

What is a motion for recusal?

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

Description

Related forms

How to fill out Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

Form popularity

FAQ

Why would a judge be disqualified?

How is a judge officially come to be recused from a proceeding?

What disqualifies a judge in Kentucky?

What is the difference between recusal and disqualification of judges?

When should you ask a judge to recuse?

What does it mean when a judge is recusal?

What is the recusal process?

What is a motion for recusal?

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