This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
South Carolina 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
Rules for South Carolina Family Court 365 Day Rule ? If the case is 365 days old, it can be dismissed without prejudice. It usually will be dismissed, and the temporary order will be dismissed with the case. The final hearing must be requested before the 365th day.
SCRFC Rule 14 outlines the procedural requirements of a Rule to Show Cause. A petition for a Rule to Show Cause must identify the Order that has been violated and the specific acts performed/not performed by the respondent that violate the Order.
If the child is under 12, most courts will not allow the child to voice their preference. Once the child is 14, the court will take the child's preference with more weight.
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.
RULE 7 The following documents and written statements shall be admissible in evidence without requiring that the persons or institution issuing the documents or statements be present in court: (a) A written statement of a child's attendance at school, signed by a school principal or duly authorized school official.
The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case. See State v.
South Carolina mandates that a noncustodial parent receive a minimum amount of visitation unless that parent's parental rights have been terminated. Typically, a minimum visitation award will grant a parent one weeknight visit and overnight visits every other weekend.
Ing to Black's Law Dictionary, "recusal" is the process "by which a judge is disqualified on objection of either party (or disqualifies himself or herself) from hearing a lawsuit because of self-interest, bias or prejudice".
