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Massachusetts Motion for Disclosure of Any Possible Basis of Judicial Recusal

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This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.

A Massachusetts Motion for Disclosure of Any Possible Basis of Judicial Refusal is a legal request filed by a party in a court case to obtain information regarding any potential conflicts of interest that may exist for the presiding judge. This particular motion is relevant in situations where a party believes that the judge's impartiality could be compromised due to personal, financial, or other affiliations. Keywords: Massachusetts, motion, disclosure, possible basis, judicial refusal, conflicts of interest, impartiality, party, court case, presiding judge. There are several types of Massachusetts Motions for Disclosure of Any Possible Basis of Judicial Refusal, including: 1. Standard Motion for Disclosure of Any Possible Basis of Judicial Refusal: This is the most common type of motion filed by a party in a court case. It requests the court to provide disclosure regarding any potential conflicts of interest that may affect the judge's ability to remain impartial. 2. Motion for Disclosure of Any Possible Basis of Judicial Refusal based on Personal Relationships: This type of motion is filed when a party discovers that the presiding judge has a personal relationship with a person involved in the case, such as a family member, friend, or business associate. The motion seeks disclosure of the nature of the relationship to assess its impact on the judge's impartiality. 3. Motion for Disclosure of Any Possible Basis of Judicial Refusal based on Financial Interests: This motion is used when a party suspects that the judge has a financial interest in the outcome of the case. It seeks disclosure of any financial connections between the judge and the parties involved or any potential benefit the judge may receive from the case's outcome. 4. Motion for Disclosure of Any Possible Basis of Judicial Refusal based on Professional or Organizational Affiliations: This type of motion is filed when a party believes that the judge's membership in a professional organization or affiliation with a particular group may create a bias or conflict of interest. It requests disclosure of the judge's affiliations to determine if refusal is warranted. 5. Motion for Disclosure of Any Possible Basis of Judicial Refusal based on Prior Involvement: This motion is submitted when a party discovers that the presiding judge has previously dealt with the same case or related matters. It seeks disclosure of the prior involvement to determine if it could affect the judge's ability to remain impartial. It is important to note that the availability and specific requirements for these motions may vary based on the rules and procedures of the Massachusetts courts. Furthermore, it is advisable to consult with a legal professional or refer to the relevant court rules for detailed guidance on filing a Motion for Disclosure of Any Possible Basis of Judicial Refusal in Massachusetts.

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FAQ

Rule 2.11 - Disqualification or Recusal (A) A judge shall disqualify or recuse himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances: (1) The judge has a personal bias or prejudice concerning a party or a party's ...

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.

455(a). 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 federal statute provides that any federal justice, judge, or magistrate shall recuse ?in any proceeding in which his impartiality might reasonably be ques- tioned,? 28 U.S.C. §455(a), as well as in specific, enumerated circumstances.

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.

The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case. See State v.

The rule of necessity is a judicial doctrine that permits a judge or agency decision maker to decide a case even if he or she would ordinarily be disqualified due to bias or prejudice .

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.

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§ 144, which governs recusal in the federal courts where the judge has an actual disqualifying bias and prejudice, the major distinction being that the state ... Sep 20, 2010 — Any motion seeking to recuse a Justice of this court from a full court case shall be in writing, and shall comply in all respects with Mass.Jan 1, 2016 — In matters that require immediate action, the judge must disclose on the record the basis for possible disqualification and make reasonable ... “A motion to disqualify a judicial authority shall be in writing and shall be accompanied by an affidavit setting forth the facts relied upon to show the. must endeavor to the maximum extent possible to file a single consolidated motion. ... promptly notify the District Court of the disposition in the bankruptcy ... Your petition must briefly state the facts of the complaint, the history of the complaint's consideration, and the reason or reasons you are seeking review. In such a case, the judge shall disclose on the record the basis for disqualification or recusal and the reason why the judge is declining to disqualify or ... Apr 1, 2020 — The trial judge may permit counsel or self-represented parties to question jurors as a group, in a so-called “panel voir dire” procedure. Any ... by LW ABRAMSON · 2007 · Cited by 6 — Third, one or more of the parties may file a motion to disqualify the judge, based either on the judge's disclosure or upon their own independent knowledge; if ... Sep 18, 2017 — A judge who discloses a matter that is not a legitimate basis for recusal and is then confronted by a motion to recuse after disclosure is not ...

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Massachusetts Motion for Disclosure of Any Possible Basis of Judicial Recusal