Contra Costa California Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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How to fill out Motion For Recusal And Change Of Venue Due To Co-Defendant's Prior Criminal Convictions?
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FAQ
Please note that when a party tries to challenge, or disqualify, a judge on the basis of prejudice, the challenge is often referred to as a peremptory challenge. Disqualification means that a judge is removed from a court case and an alternate judge gets assigned to the proceedings.
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.
CCP 170.6 allows a party to a case (or the attorney representing that party) a one-time opportunity to disqualify a judge who is prejudiced against a party or the party's cause.
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.
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.
California Code of Civil Procedure section 170.6 provides that a judge may be disqualified from a case if he or she is prejudiced against a party, an attorney, or the interest of the party or the attorney. This is called a peremptory challenge.
A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex. See Batson challenge.
Lawyers call it 'papering a judge' Attorneys who appear in court on a regular basis get an idea of which judge is better for a particular type of case and those who reek of bias against certain lawyers or classes of parties.
To raise a challenge, file an Affidavit of Prejudice Peremptory Challenge to Judicial Officer (form LACIV 015).