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Michigan 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 Michigan Motion for Disclosure of Any Possible Basis of Judicial Refusal is a legal document filed by one party in a court case requesting relevant information regarding a potential conflict of interest or bias on the part of the presiding judge. This motion aims to ensure a fair and impartial trial by uncovering any possible reasons that may necessitate the judge's refusal from the case. Keywords: 1. Michigan Motion for Disclosure: Refers to the specific legal motion filed in the state of Michigan seeking disclosure of any grounds for judicial refusal. 2. Judicial Refusal: The voluntary or mandatory act of a judge refraining from participating in a case due to a potential conflict of interest or bias. 3. Basis of Refusal: The underlying reasons or facts that could potentially require a judge to recuse themselves from a case. 4. Motion: A formal written request to a court asking for a specific legal action or ruling. 5. Disclosure: The act of making relevant information, evidence, or details known to the opposing party or court. Different Types of Michigan Motion for Disclosure of Any Possible Basis of Judicial Refusal: 1. Standard Motion: A general motion used to request disclosure of any potential grounds for judicial refusal in a case. 2. Mandatory Refusal Motion: A motion specifically filed when there are mandatory requirements for a judge's refusal, such as a personal relationship with a party or a financial interest in the case. 3. Conflict of Interest Motion: A motion aimed at revealing any conflict of interest on the part of the judge that may impact their ability to fairly and impartially preside over the proceedings. 4. Bias Motion: This motion focuses on uncovering any bias, prejudice, or preconceived notions that a judge may hold, which could potentially compromise the fairness and objectivity of the trial. 5. Newly Discovered Information Motion: This motion seeks disclosure if any new information has come to light that could give rise to grounds for judicial refusal, even if it was not known at the time of filing the initial motion for disclosure. It is important to note that the specific names and types of motions may vary depending on the jurisdiction and particular requirements set forth by the Michigan court system.

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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.

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.

What is a motion to recuse? A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney.

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.

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

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 purpose for which litigants seek recusal of a judge on a multi-judge appellate court is primarily to prevent the allegedly conflicted judge from participating in the case.

A recusal or disqualification is a method used to resolve an apparent or actual conflict of interest. A disqualified employee may be required to sign a written statement reflecting the scope of the disqualification and the precise nature of the conflicting interest or activity.

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“If an appellant is aware of grounds for disqualification of a justice, the appellant must file a motion to disqualify with the application for leave to appeal. All motions for disqualification must be filed within 14 days of disclosure of the judge's ... (3) file with the court the petition or motion seeking an order ...The process speaks for itself, and states that this procedure may be utilized in all cases of possible disqualification except for grounds as found in MCR 2.003 ... Mar 18, 2009 — When a justice is disqualified, the proceeding will be decided by the remaining justices of the Court. ALTERNATIVE C. RULE 2.003. 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. 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 ... by D Thorley · 2023 — ABSTRACT—U.S. courts rely predominately on judicial self-recusal and in- court disclosure to address judicial conflicts of interest and maintain a critical. The denial of a motion to recuse may also provide the basis for a judicial discipline ... File no more than one recusal motion in the case, unless, after you file ... No justice, judge, or magistrate judge shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). by J SAMPLE · 2008 · Cited by 6 — of Judicial Conduct indicating that “[a] party may file a motion to recuse a judge based on the fact that an opposing party or counsel of record for that.

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Michigan Motion for Disclosure of Any Possible Basis of Judicial Recusal