Missouri Motion for Disclosure of Any Possible Basis of Judicial Recusal

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US-00800
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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.

Missouri Motion for Disclosure of Any Possible Basis of Judicial Refusal: In the state of Missouri, a Motion for Disclosure of Any Possible Basis of Judicial Refusal is a legal document filed by one party in a case to request that the presiding judge disclose any potential biases or conflicts of interest that may affect their impartiality. This motion aims to ensure a fair and transparent trial process. Keywords: Missouri, Motion, Disclosure, Judicial Refusal, Basis, Presiding Judge, Biases, Conflicts of Interest, Impartiality, Fair, Transparent, Trial Process. Different Types of Missouri Motion for Disclosure of Any Possible Basis of Judicial Refusal: 1. General Motion for Disclosure of Any Possible Basis of Judicial Refusal: This type of motion can be filed in any civil or criminal case before a Missouri court. It requests that the judge disclose any potential biases or conflicts of interest that may impact their ability to make fair and impartial decisions. 2. Specific Motion for Disclosure of Any Possible Basis of Judicial Refusal: This motion is tailored to address specific circumstances where the party filing the motion believes that the judge has a particular bias or conflict of interest that affects their ability to remain impartial. It requires the party to provide detailed evidence or reasoning supporting their claim. 3. Pretrial Motion for Disclosure of Any Possible Basis of Judicial Refusal: This motion is filed before the trial proceedings begin. It aims to address any potential biases or conflicts of interest that may impact the judge's ability to preside over the case. The party filing this motion typically presents the reasons for their concern based on prior knowledge or information about the judge's background or affiliations. 4. Post-trial Motion for Disclosure of Any Possible Basis of Judicial Refusal: This motion is filed after the trial has concluded but before the final judgment is rendered. It may be utilized if the party becomes aware of any previously unknown biases or conflicts of interest that may have influenced the judge's decision-making during the trial. The motion seeks disclosure and, potentially, a request for a new trial based on the newly discovered information. Overall, the purpose of Motion for Disclosure of Any Possible Basis of Judicial Refusal in Missouri is to guarantee a fair and impartial trial process by requesting judges to disclose any biases or conflicts of interest that could compromise their ability to administer justice. The specific type of motion filed will depend on the circumstances and supporting evidence available to the party seeking refusal.

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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.

74.05. (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.

(a) When and by Whom. A judgment may be revived by order of the court that entered it pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the judgment, the last payment of record, or the last prior revival of the judgment.

74.08. Except as provided in Chapter 454, RSMo, or Chapter 517, RSMo, the lien of a judgment commences upon entry of the judgment, continues for a period of ten years, and is revived by a revival of the judgment.

In addition to filing a legal memorandum explaining why summary judgment should be granted, Rule 74.04(c) instructs the movant that they must ?state with particularity in separately numbered paragraphs each material fact to which movant claims there is no genuine issue, with specific references to the pleadings, ...

If filed within 10 days of your arraignment, Missouri Supreme Court Rule 32.07 grants you one change of judge without you needing to justify why. It needs to be filed by your lawyer within that 10 day window.

Rule 74.03 requires service of a notice of the entry of an order or judgment by mail, in the manner described in Rule 43.01, upon each party who was not present in court in person or by attorney at the time of the entry of the order or judgment. Rule 74.03.

[2] Whenever the presence of a party or notice to a party is required by this Rule 2-2.9, it is the party's lawyer, or if the party is unrepresented, the party, who is to be present or to whom notice is to be given.

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In matters that require immediate action, the judge must disclose on the record the basis for possible recusal and make reasonable efforts to transfer the ... All discovery motions or requests for hearings relating to discovery must contain a certificate by the attorney, or unrepresented party, filing the motion ...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. “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. 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 ... 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. Aug 4, 2023 — A motion to disqualify a judge must be: (i) in writing; (ii) accompanied by a factual affidavit; and (iii) filed no less than five days before ... 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 ... Jul 15, 2020 — (A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality* might reasonably be questioned, ... by DL Bassett · 2005 · Cited by 103 — Judges must disclose information that might be relevant to determining their potential bias in a case.4 The concepts of recusal and disqualification recognize ...

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Missouri Motion for Disclosure of Any Possible Basis of Judicial Recusal