Michigan Motion for Recusal of Judge - Removal

Q: What is the recusal process?

&quot;Recusal&quot; means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

Q: How do you recuse yourself?

How to Recuse: Name. Position &amp; agency. Describe the nature of your conflict. Indicate that you are recusing from participation. Sign the memo or form under penalty of perjury.

Q: What is the principle of recuse?

Ing to Black&#039;s Law Dictionary, &quot;recusal&quot; is the process &quot;by which a judge is disqualified on objection of either party (or disqualifies himself or herself) from hearing a lawsuit because of self-interest, bias or prejudice&quot;.

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

Control #:

US-02218BG

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 Motion For Recusal Of Judge - Removal?

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FAQ

"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

How to Recuse: Name. Position & agency. Describe the nature of your conflict. Indicate that you are recusing from participation. Sign the memo or form under penalty of perjury.

Ing to Black's Law Dictionary, "recusal" is the process "by which a judge is disqualified on objection of either party (or disqualifies himself or herself) from hearing a lawsuit because of self-interest, bias or prejudice".

Second, a judge who refuses recusal when necessary may be further reprimanded or disciplined. Although disciplinary measures vary by jurisdiction, one such measure includes the judge losing their job.

Any person holding the office of circuit judge may be removed from office upon conviction in impeachment proceedings for the reasons and in the manner set forth in section 7 of article 11 of the state constitution, or the governor shall remove any circuit judge upon a concurrent resolution of 2/3 of the members elected ...

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.

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.

The party just has to state that he believes the judge is prejudiced against him and the party does not believe he can have a fair and impartial trial. Once a peremptory challenge is made, the judge cannot oppose it.

Michigan Motion for Recusal of Judge - Removal

Description

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How to fill out Motion For Recusal Of Judge - Removal?

Form popularity

FAQ

What is the recusal process?

How do you recuse yourself?

What is the principle of recuse?

Can a judge refuse to recuse himself?

How do I remove a judge in Michigan?

What is an order of recusal by a judge?

What are the rules for recusal?

How do you make a judge recuse himself?

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Michigan Motion for Recusal of Judge - Removal

Description

Related forms

Viewed forms

How to fill out Motion For Recusal Of Judge - Removal?

Form popularity

FAQ

What is the recusal process?

How do you recuse yourself?

What is the principle of recuse?

Can a judge refuse to recuse himself?

How do I remove a judge in Michigan?

What is an order of recusal by a judge?

What are the rules for recusal?

How do you make a judge recuse himself?

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