New York Motion for Recusal of Judge - Removal

State:
Multi-State
Control #:
US-02218BG
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.

Free preview
  • Preview Motion for Recusal of Judge - Removal
  • Preview Motion for Recusal of Judge - Removal
  • Preview Motion for Recusal of Judge - Removal

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

Choosing the best authorized papers web template could be a have difficulties. Naturally, there are tons of themes available online, but how do you obtain the authorized develop you require? Utilize the US Legal Forms web site. The service delivers thousands of themes, including the New York Motion for Recusal of Judge - Removal, that can be used for enterprise and personal needs. All of the types are checked out by pros and meet federal and state requirements.

If you are currently registered, log in to your profile and then click the Obtain option to find the New York Motion for Recusal of Judge - Removal. Make use of your profile to search through the authorized types you may have acquired formerly. Check out the My Forms tab of your own profile and have an additional version of the papers you require.

If you are a new end user of US Legal Forms, here are easy instructions for you to stick to:

  • Initial, be sure you have chosen the appropriate develop to your city/area. You can look through the shape making use of the Review option and read the shape outline to make certain it will be the right one for you.
  • If the develop does not meet your needs, take advantage of the Seach field to obtain the correct develop.
  • Once you are certain that the shape is suitable, click the Purchase now option to find the develop.
  • Pick the prices prepare you want and enter in the needed info. Design your profile and pay for the transaction using your PayPal profile or bank card.
  • Choose the data file format and down load the authorized papers web template to your system.
  • Complete, change and printing and signal the obtained New York Motion for Recusal of Judge - Removal.

US Legal Forms is definitely the biggest catalogue of authorized types in which you can discover a variety of papers themes. Utilize the service to down load expertly-created files that stick to state requirements.

Form popularity

FAQ

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. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.

United States, 510 U.S. 540 (1994)28 U.S.C. §455(a) requires recusal of a judge in any proceeding in which his impartiality may be questioned. The Supreme Court holds that matters arising out of the course of judicial proceedings ? either in this case, or in a prior case ? are not a proper basis for recusal.

Section 100.5 A judge or candidate for elective judicial office shall refrain from inappropriate political activity. (A) Incumbent Judges and Others Running for Public Election to Judicial Office.

For example, recusal is required in matters where (1) the judge or judge's spouse, or a minor child residing in the judge's household, has an economic interest in the subject matter of the controversy; (2) the judge has knowledge of certain disputed evidentiary facts concerning the proceeding; or (3) the judge's spouse ...

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.

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

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.

Trusted and secure by over 3 million people of the world’s leading companies

New York Motion for Recusal of Judge - Removal