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South Dakota Motion for Disclosure of Any Possible Basis of Judicial Recusal

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US-00800
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This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.

South Dakota Motion for Disclosure of Any Possible Basis of Judicial Refusal is a legal document that requests the court to disclose any potential reasons or biases that could lead to the refusal of a judge in a legal proceeding. This motion allows parties to gather information and evaluate whether a judge's impartiality may be compromised in a case. Keywords: South Dakota, motion, disclosure, possible basis, judicial refusal, legal document, court, potential reasons, biases, impartiality. Types of South Dakota Motion for Disclosure of Any Possible Basis of Judicial Refusal: 1. General Motion for Disclosure of Any Possible Basis of Judicial Refusal: This type of motion can be used in any legal case in South Dakota to seek information about possible biases or reasons that could require the refusal of a judge. 2. Criminal Motion for Disclosure of Any Possible Basis of Judicial Refusal: This motion is specifically designed for criminal cases in South Dakota where the defendant or the prosecution believes that the judge may have a potential bias or conflict of interest that could impact their fair trial. 3. Civil Motion for Disclosure of Any Possible Basis of Judicial Refusal: This motion applies to civil cases in South Dakota. Parties involved can use it to request disclosure of any potential reasons for judicial refusal that may compromise the impartiality of the judge in the case. 4. Family Law Motion for Disclosure of Any Possible Basis of Judicial Refusal: This type of motion is relevant to family law cases, such as divorce, child custody, or spousal support, where the parties involved seek transparency regarding any potential biases or conflicts that the judge might have. 5. Business Litigation Motion for Disclosure of Any Possible Basis of Judicial Refusal: This motion pertains to business-related legal disputes in South Dakota. It enables the parties to investigate any potential grounds that may necessitate the refusal of a judge due to a conflict of interest or bias against one of the parties. In summary, a South Dakota Motion for Disclosure of Any Possible Basis of Judicial Refusal is a legal tool used to inquire about potential biases or conflicts of interest that could warrant the refusal of a judge in various types of cases, including criminal, civil, family law, and business litigation.

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FAQ

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.

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.

What is a motion to recuse? 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.

"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 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.

The South Dakota Sunshine Law is a series of laws designed to guarantee that public has access to public records of governmental bodies. Public records are defined as all records kept by public bodies in South Dakota, no matter the physical form.

More info

CIRCUIT OR MAGISTRATE JUDGE. (File the original with the Clerk. Clerk will forward a copy to Court Administration with any future affidavits filed.) File no more than one recusal motion in the case, unless, after you file a motion, you learn of separate, additional reasons that you believe require the ...The summons shall be legibly subscribed by the plaintiff or his attorney and shall include the subscriber's address. It shall be directed to the defendant, and ... If the organization fails to discontinue its invidiously discriminatory practices as promptly as possible (and in all events within a year of the judge's first ... 1 Dec 2015 — The chief judge assigns responsibility for cases in the event of a recusal. The schedule in each case is fixed by court order. All preliminary. 1 Dec 2015 — A party requesting review of a detention order must state in the caption whether the request is one for reconsideration or is an appeal to a ... by D Thorley · 2023 — ABSTRACT—U.S. courts rely predominately on judicial self-recusal and in- court disclosure to address judicial conflicts of interest and maintain a critical. This paper will discuss the situations in which a judge may be required to be disqualified because a member of the judge's family is an attorney with some ... A judge disqualified by the terms of Section 3E may disclose on the record the basis of the judge's disqualification and may ask the parties and their lawyers ... Unnecessary disclosure of volumes of information may create a risk that a judge will overlook the one bit of information that might require disqualification, ...

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South Dakota Motion for Disclosure of Any Possible Basis of Judicial Recusal