This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Tennessee 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
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.
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.
A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.
If a judge recuses after a case has been assigned to a panel but before oral argument occurs, a replacement judge will typically be assigned to hear that case.
The purpose for which litigants seek recusal of a judge on a multi-judge appellate court is primarily to prevent the allegedly conflicted judge from participating in the case.
There is, however, an exception to the ordinary recusal requirements, known as ?the rule of necessity,? which allows judges to hear a case in which virtually all other available judges would have the same disqualifying interest, and the case could not otherwise be heard.
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.
(b) includes a claim for declaratory judgment or injunctive relief. Comment: This rule applies to amended complaints, counter-claims, and third-party complaints as well as complaints.
