This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Puerto Rico Motion for Disclosure of Any Possible Basis of Judicial Recusal
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How to fill out Motion For Disclosure Of Any Possible Basis Of Judicial Recusal?
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FAQ
There are four defenses that may be waived if not made by a Rule 12 motion: Lack of Personal Jurisdiction (Rule 12(b)(2)); Improper Venue (Rule 12(b)(3)); Insufficiency of Process (Rule 12(b)(4)); and Insufficiency of Service of Process (Rule 12(b)(5).)
The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling. The court must not defer ruling on a pretrial motion if the deferral will adversely affect a party's right to appeal.
When there is a perceived conflict of interest, a judge can be removed for cause. Under the California Code of Civil Procedure 170.1, a party can try to remove a judge from a case for cause if they believe the judge has a conflict of interest for various reasons.
If a judge conducting a hearing or trial is unable to proceed, any other judge may proceed upon certifying familiarity with the record and determining that the case may be completed without prejudice to the parties.
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.
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 ...
The judge has personal or financial interest in the outcome. This particular ground varies by jurisdiction. Some require recusal if there is any interest at all in the outcome, while others only require recusal if there is interest beyond a certain value. The judge determines he or she cannot act impartially.
