Wayne Michigan Motion for Recusal of Judge - Removal

State:
Multi-State
County:
Wayne
Control #:
US-02218BG
Format:
Word; 
Rich Text
Instant download

Description

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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FAQ

Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.

A form that a party files in an action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.

Uniform Rule 202.70 (d) was amended in 2014 to provide that a party seeking assignment to the Commercial Division shall do so within 90 days following service of the complaint. Failure to apply on time precludes a party from seeking such assignment.

1) RJIs Generally The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (NYSCEF) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. A "fillable" form RJI is available on-line.

A contested divorce in NY lasts about 9 months to a year, on average. Different divorce cases can differ in duration for a variety of reasons. I have been involved in cases that have taken years before a judgment of divorce was signed, and some colleagues have even been involved in decade long divorces.

The judge's involvement may be required to resolve disputes during the pendency of the case or at the end to sign off on your divorce. The only way to get a judge assigned in your case is to file a Request for Judicial Intervention (RJI). The county clerk's office charges a $95.00 filing fee for the RJI.

The court will not accept motions, orders to show cause, requests for court conferences, or any other papers until an RJI is filed. An RJI may be filed at any time after service of process and must conform to the requirements of 22 NYCRR § 202.6.

Under the New York rules, a judge is not assigned to a case until one of the parties files a Request for Judicial Intervention (or "RJI") Form with the clerk.

Under the New York rules, a judge is not assigned to a case until one of the parties files a Request for Judicial Intervention (or "RJI") Form with the clerk.

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

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15 -- Disqualification of Family Court Commissioner. The JTC recommended a 180day suspension for Wayne County's 3rd Circuit Court Judge Deborah Ross Adams.Are there other grounds for removal of a judge? — Are there other grounds for removal of a judge? Associate Judge, Circuit Court of Cook County. B. Termination Petition Filed as Motion in the Cause. In a family law case, you may automatically disqualify ONE judge without proving prejudice or bias. Fill out the form to access a sample of Practical Guidance.

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Wayne Michigan Motion for Recusal of Judge - Removal