Minnesota Motion for Recusal of Judge - Removal

State:
Multi-State
Control #:
US-02218BG
Format:
Word; 
Rich Text
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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FAQ

Disqualification by a party. A party or the party's attorney may file an affidavit of prejudice and motion to disqualify a judge if the party reasonably believes that a hearing before the assigned judge cannot be fair due to the judge's prejudice or bias.

60.02Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. (f) Any other reason justifying relief from the operation of the judgment.

Rule 520(a) establishes a 20-day time period for obtaining an order to vacate a default judgment order or order for judgment of dismissal. The 20 days is measured from the mailing of the notice of judgment, and the law requires that an additional three days be added to the time period when notice is served by mail.

63.02 Interest or Bias No judge shall sit in any case if that judge is interested in its determination or if that judge might be excluded for bias from acting therein as a juror disqualified under the Code of Judicial Conduct.

33.03Option to Produce Business Records A specification shall be in sufficient detail as to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

Rule 56.03 includes a strict ten-day notice requirement before a summary judgment motion may be heard. This minimum notice period is mandatory unless waived by the parties.

A default judgment may be vacated by the judge upon a proper showing by the defendant that: (1) the defendant did not receive the a summons before the trial within sufficient time to permit a defense and did not receive notice of the order for default within sufficient time to permit application for relief within ...

Rule 26.03 - Protective Orders (a) In General. (b) Ordering Discovery. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery.

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Minnesota Motion for Recusal of Judge - Removal