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.
Title: Understanding North Dakota Motion for Refusal of Judge — Removal: Types and Detailed Explanation Introduction: In legal proceedings, parties involved may sometimes find it necessary to request the removal of a judge from their case due to potential bias, conflict of interest, or other reasons that may compromise the fairness and impartiality of the proceedings. In North Dakota, the Motion for Refusal of Judge provides the avenue for seeking the removal of a judge. This article aims to give a comprehensive overview of what the North Dakota Motion for Refusal of Judge — Removal entails, highlighting its types and providing relevant information. I. What is a Motion for Refusal of Judge — Removal? A Motion foRefusalal of Judge — Removal refers to the legal process through which a party requests the disqualification of a judge from presiding over their case in North Dakota. This motion asserts that the judge has a personal or professional bias, conflict of interest, or any other reason that may impair their ability to render a fair judgment. II. Types of North Dakota Motion for Refusal of Judge — Removal: 1. Actual bias or prejudice: A motion of this type argues that the judge has displayed a clear bias against the party seeking their refusal, thus undermining fair proceedings. 2. Implied bias or prejudice: This motion asserts that the judge possesses certain biases or prejudices that may subconsciously influence their decision-making, affecting the fairness of the trial. 3. Personal bias or conflict of interest: This type of motion contends that the judge has a personal involvement, relationship, or interest in the outcome of the case, which could prevent them from remaining impartial. 4. Judicial bias or conflict of interest: In this motion, the party argues that the judge has a professional connection, association, or previous involvement with one of the parties involved, thereby casting doubts on their ability to be impartial. III. Procedure for Filing a Motion for Refusal of Judge — Removal: 1. Drafting the Motion: The party must draft a formal written motion detailing the grounds for the judge's refusal, supported by relevant evidence, legal precedents, and arguments presenting their case. 2. Filing the Motion: The drafted motion is submitted to the appropriate court, along with any required supporting documentation. It is crucial to adhere to the court's specific filing guidelines and deadline. 3. Serving the Motion: The motion must be served upon all parties in the case, including the opposing party and the judge in question, ensuring that all relevant parties are aware of the refusal request. 4. Response and Decision: Following the submission of a Motion for Refusal of Judge — Removal, the judge can either recuse themselves voluntarily or choose to respond to the allegations presented in the motion. The presiding court will then assess the motion and make a decision on whether the refusal is warranted or not. Conclusion: A North Dakota Motion for Refusal of Judge — Removal is a powerful tool that allows parties to address concerns regarding a judge's potential bias, conflict of interest, or other circumstances that may compromise the fairness of the trial. By following the prescribed procedure and providing appropriate evidence, parties can seek the refusal of a judge, thus ensuring a fair and impartial legal process.
