You are able to devote hrs on the web looking for the legitimate papers format that suits the state and federal specifications you require. US Legal Forms provides a huge number of legitimate types which can be evaluated by professionals. You can actually obtain or produce the North Carolina Motion for Disclosure of Any Possible Basis of Judicial Recusal from the service.
If you currently have a US Legal Forms account, you are able to log in and click on the Download option. Following that, you are able to full, revise, produce, or signal the North Carolina Motion for Disclosure of Any Possible Basis of Judicial Recusal. Each legitimate papers format you acquire is the one you have permanently. To obtain an additional version of the bought kind, proceed to the My Forms tab and click on the corresponding option.
If you are using the US Legal Forms internet site initially, keep to the easy recommendations below:
Download and produce a huge number of papers themes using the US Legal Forms website, which offers the biggest selection of legitimate types. Use skilled and condition-certain themes to deal with your company or person requirements.
Key Concepts. Either party may move that the judge recuse him- or herself on the grounds of prejudice or conflict. The moving party bears the burden of proof. The defendant may also move to have the prosecutor recused from a case, but the court may grant such relief only upon an actual showing of conflict of interest.
What is a motion to recuse? A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney.
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.
Motion to disqualify a judge must be submitted in writing, must have supporting affidavits, and must be filed at least five days before the trial unless there is good cause for delay. The failure to follow those rules can be the basis for denying the motion. State v. Poole, 305 N.C. 308, 321 (1982).
Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.
If a judge recuses after a case has been assigned to a panel but before oral argument occurs, a replacement judge will typically be assigned to hear that case.
"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.