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Motion for Recusal of Judge - Removal

Motion for Recusal of Judge - Removal

Name: Motion for Recusal of Judge - Removal
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.57 (459 reviews)

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

Control #:

US-02218BG

Format:

Instant download

Description Courthouse Courtroom Attorney

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.

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How to fill out Recusal Document?

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Recusal Judge Removal Form Sample Form popularity

Motion Judge Removal Statement Other Form Names

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Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

If the Judge makes a ruling in a court hearing that a guy feels is bias, then he should contact his attorney immediately to try to bring the matter back to court for a motion to set aside the order or appeal the ruling depending on the state's rules of civil procedure.

A judge asked to disqualify himself or herself may need to apply the fair-minded observer test in respect of the evidence, in other words, unless the hypothetical observer would reject the evidence as entirely implausible the judge should consider whether, if accepted, it had the relevant quality to raise a reasonable

In some jurisdictions the ability of a judge to recuse himself is constrained by the so-called duty to sit doctrine. According to this doctrine, unless a judge is required by law to disqualify himself he cannot simply choose to recuse himself, but must remain on 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.

You cannot appeal a court decision simply because you are unhappy with the outcome; you must have a legal ground to file the appeal. If the judge in your case made a mistake or abused his/her discretion, then you might have grounds to file an appeal.

If a judge declines recusal even though they were aware that proper grounds existed, then there may be significant repercussions. First, the result of the case can be reviewed by an appellate court, and an entirely new trial may be ordered.

Motion for Recusal of Judge - Removal

Description Courthouse Courtroom Attorney

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