This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Mississippi Motion for Disclosure of Any Possible Basis of Judicial Recusal
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How to fill out Motion For Disclosure Of Any Possible Basis Of Judicial Recusal?
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FAQ
FRCP 26 (a) explains that, without exemption, the disclosing party needs to provide several types of information without awaiting a discovery request. This includes, among other things, the names and contact information for all parties with access to discoverable information or evidence.
Rule 26 of the Mississippi Rules of Civil Procedure allows a party to obtain this information by using an interrogatory. An interrogatory is simply a written question. The rule also allows a party to seek a court order to take the deposition of the expert under oath.
This rule freely authorizes the taking of depositions under the same circumstances and by the same methods whether for the purpose of discovery or for the purpose of obtaining evidence.
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.
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) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (4) of subdivision (d) of this rule by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment ...
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.
Agreed Scheduling Orders: Pursuant to Rule 26 of the Mississippi Rules of Civil Procedure, all cases are required to have an Agreed Scheduling Order submitted to the Court within thirty days after the issues are joined.