South Carolina 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?

You are able to spend hours online trying to find the legal record template that meets the state and federal demands you need. US Legal Forms offers 1000s of legal varieties which can be examined by experts. It is possible to download or print the South Carolina Motion for Recusal of Judge - Removal from my service.

If you already have a US Legal Forms accounts, you may log in and then click the Acquire switch. Next, you may complete, revise, print, or indication the South Carolina Motion for Recusal of Judge - Removal. Every single legal record template you purchase is the one you have for a long time. To have an additional version of the acquired kind, visit the My Forms tab and then click the corresponding switch.

If you use the US Legal Forms web site the first time, keep to the simple directions beneath:

  • Very first, be sure that you have chosen the right record template for the state/town of your liking. Browse the kind information to make sure you have picked the appropriate kind. If available, take advantage of the Preview switch to search with the record template also.
  • If you want to discover an additional model in the kind, take advantage of the Lookup field to discover the template that meets your requirements and demands.
  • Upon having found the template you would like, click on Get now to move forward.
  • Select the prices plan you would like, type in your credentials, and sign up for a merchant account on US Legal Forms.
  • Full the financial transaction. You can utilize your charge card or PayPal accounts to pay for the legal kind.
  • Select the file format in the record and download it to your device.
  • Make adjustments to your record if possible. You are able to complete, revise and indication and print South Carolina Motion for Recusal of Judge - Removal.

Acquire and print 1000s of record web templates using the US Legal Forms site, that offers the largest selection of legal varieties. Use specialist and state-certain web templates to tackle your organization or individual demands.

Form popularity

FAQ

Second, a judge who refuses recusal when necessary may be further reprimanded or disciplined. Although disciplinary measures vary by jurisdiction, one such measure includes the judge losing their job.

How to Recuse: Name. Position & agency. Describe the nature of your conflict. Indicate that you are recusing from participation. Sign the memo or form under penalty of perjury.

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.

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.

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".

Someone may be recused through his own decision or someone else's decision. Judges often recognize when they have a conflict of interest and recuse themselves. Recuse is a transitive verb, which is a verb that takes an object. Related words are recuses, recused, recusing, recusal.

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

South Carolina Motion for Recusal of Judge - Removal