Mississippi Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

State:
Multi-State
Control #:
US-02219BG
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

File a Motion for Reconsideration A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased. In addition to the written brief, there may be oral arguments before the judge.

When there is a perceived conflict of interest, a judge can be removed for cause. Under the California Code of Civil Procedure 170.1, a party can try to remove a judge from a case for cause if they believe the judge has a conflict of interest for various reasons.

Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.

Most of the time, however, judges have absolute immunity, which protects them from personal lawsuits. The principle of absolute immunity shields government officials from being sued while they serve in an official capacity, and it extends to judicial officers including court judges.

The Rule authorizes a court to award a party reasonable attorneys' fees and expenses when an adverse party "files a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay." Thus, Rule 11 provides two alternative grounds for the imposition of sanctions-the ...

The fact is that judges often make decisions that aren't fair or legally correct, for no good reason. There can be bias even when a judge is no respecter of persons. For sure, when one or both parties are in court without a lawyer, you can expect to see judicial bias. The judge wants that case off the docket for good.

File a Motion for Reconsideration A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased. In addition to the written brief, there may be oral arguments before the judge.

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Mississippi Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal