This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Utah 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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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.
California Code of Civil Procedure Section 170.6 allows a party who timely files an ?affidavit of prejudice? to disqualify a judge without any showing of cause. The affidavit of prejudice is not contestable and the disqualification of the judge is automatic. ( CCP §170.6(a))
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 26(a)(3). Disclosure of the identity and subjects of expert opinions and testimony is automatic under Rule 26(a)(3) and parties are not required to serve interrogatories or use other discovery devices to obtain this information.
Initial disclosures must be based on the information the parties know or learn after looking into the facts of the case. A party must provide disclosures even if the other party does not. Once the information is disclosed, the parties have a continuing duty to update the information.
A situation in which a judge steps down from hearing a case, on the basis that it is not appropriate for them to deal with it, because they have a conflict of interest and there might be actual or presumed bias against a party or, because there is a real possibility that a fair-minded observer would conclude that the ...