Nevada Motion for Recusal of Judge - Removal

Q: What is the recusal process?

&quot;Recusal&quot; means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

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

"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

Under Nevada Supreme Court Rule 9.5, the Administrative Office of the Courts (AOC) shall maintain a list of litigants who have been declared vexatious by any court in the State of Nevada for use by the Judicial Council of the State of Nevada (JCSN) and the courts of the State, generally.

Nevada Supreme Court Rule 177 had placed limits on statements an attorney could make if he or she ?knows or reasonably should know that it will have a substantial likelihood of materially prejudicing? the finder of fact in a case.

Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. The Constitution also provides that judges' salaries cannot be reduced while they are in office.

A request that a justice or judge of the Supreme Court or Court of Appeals be disqualified from sitting in a particular case shall be made by motion. Unless the court permits otherwise, the motion shall be in writing and shall be in the form required by Rule 27.