Philadelphia Pennsylvania 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
Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.
What is a motion to recuse? 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.
To get a change of venue in a California family law case, you must file a motion for change of venue with the court where your case is currently filed. The court will consider your motion (otherwise known as a request for order) along with your supporting declaration.
As used in this rule, ''change of venire'' is intended to refer to the summoning, selecting, and impaneling of a jury in a county other than the one in which the trial is to be held, and the jury's transportation to the county of trial, pursuant to an order entered under Section 8702 of the Judicial Code, 42 Pa.
A motion for change of venue ensures that a case is heard in the best location. There are two basic requirements that must be met before a court can hear a case. The first is jurisdiction, which means that the court has the authority to decide the legal issues which affect the rights of the parties in the case.
An indication by a party that it wishes a judge to disqualify himself or herself is not of itself a proper ground for the judge to recuse: Fitzgerald v Director of Public Prosecutions (1991) 24 NSWLR 45. Judges are required to discharge their professional duties unless disqualified by law.
Grounds for Change. To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial. That reasonable likelihood is usually due to pretrial publicity, but it could have to do with some other event making it almost impossible to find an impartial jury.
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.
Change of Venue in California Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.
