This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Virgin Islands 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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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))
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.
File a Motion for Reconsideration Instead of escalating to a higher court, filing a motion for reconsideration goes directly to the judge overseeing the case. A motion for reconsideration includes a written brief containing the reasons why you and your legal team believe the decision was unfair or biased.
ALLOWED ONE CHANGE OF JUDGE IN FAMILY LAW CASES The request usually needs to be made at the outset of the case or at the time you are moving to modify the decree or custody order. At that time you are able to put in a motion for change of judge or venue and request that a new judge be assigned.
The motion record states what the moving party wants the court to order and the evidence to support their request. The evidence is provided in an affidavit with supporting documents attached as exhibits. The responding party will then provide their responding motion record.
This could be because the judge has personal knowledge of disputed facts in the case or because the judge served as a lawyer in the proceeding or advised a party in the proceeding. The judge could also be removed from the case if they have a financial interest in it or are related to one of the parties involved.
The rules governing this process is outlined in California Code of Civil Procedure § 231. Each side is entitled to six peremptory challenges, unless the judge allows more challenges. Use peremptory challenges on potential jurors you have identified as harmful to your case but you were not able to remove "for cause."
In ance with Supreme Court Rule 201(a), an Attorney who is not regularly or specially admitted to practice law in the Virgin Islands may be specially admitted, Pro Hac Vice. This requires a motion of an attorney who is regularly admitted to practice in the Virgin Islands.