North Carolina Motion for Recusal of Judge - Removal

Q: How is a judge officially come to be recused from a proceeding?

The general rule is that, to warrant recusal, a judge&#039;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.

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

Control #:

US-02218BG

Format:

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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How to fill out Motion For Recusal Of Judge - Removal?

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FAQ

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).

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.

A situation in which a judge steps down from hearing a case, on the basis that it is not appropriate for them to deal with it, because they have a conflict of interest and there might be actual or presumed bias against a party or, because there is a real possibility that a fair-minded observer would conclude that the ...

Section 17(1) provides that the General Assembly may remove any judge or justice for mental or physical incapacity by two-thirds vote of all members of each house of the legislature. It also provides that the General Assembly may remove a judge or justice by impeachment.

In your notice of application or notice of motion you will ask for an order that the judge/master recuse herself/himself from hearing your case.

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.

North Carolina Motion for Recusal of Judge - Removal

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North Carolina Motion for Recusal of Judge - Removal

Description

Related forms

Viewed forms

How to fill out Motion For Recusal Of Judge - Removal?

Form popularity

FAQ

What is a motion to recuse judge in NC?

How is a judge officially come to be recused from a proceeding?

What is a recusal judge in Canada?

How do you remove a judge in NC?

How do you ask a judge for recusal?

What are the grounds for judicial recusal?

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