Riverside California Motion for Additional Peremptory Challenges

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State:
Multi-State
County:
Riverside
Control #:
US-00815
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Word; 
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Description

This form is a sample motion for the allowance of additional peremptory challenges. State and federal case law, as well as treatises are cited in support of the motion. Adapt to fit your circumstances.
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FAQ

The challenge is usually made by a written motion to the court in the proper format with specific language and supported by a declaration made under penalty of perjury. An oral motion under oath is also allowed.

California currently permits a party in a civil case six (6) peremptory challenges, and 10 in non-capital criminal cases. See Cal. Code of Civ.

A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been

A section 170.6 challenge to a direct calendar judge assigned to a case for all purposes must be made for a civil case within 15 days of the party's notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party's first appearance.

How Do I File a Complaint? You may fax a complaint under 10 pages to (415) 557-1266. The commission does not accept complaints by phone. If you have a disability that prevents you from submitting a written complaint, please contact the commission's office to discuss how this office can best accommodate your needs.

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.

To raise a challenge, file an Affidavit of Prejudice Peremptory Challenge to Judicial Officer (form LACIV 015).

Once a peremptory challenge is made, the judge cannot oppose it. As long as the challenge is made in a timely manner, the judge immediately loses jurisdiction over the case. This means any action that he makes in the case shall be considered void.

The danger that a judge may be prejudiced against a particular party for whatever reason has caused the legislature of California to allow each party a right to challenge a judge assigned to a case for any or no reason2026a peremptory challenge similar to those granted to parties when selecting a jury.

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Riverside California Motion for Additional Peremptory Challenges