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Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or...

Indiana Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Name: Indiana Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal
Brand: US Legal Forms
Rating: 4.68 (468 reviews)

Category:

Affidavits - Civil Procedure

State:

Multi-State

Control #:

US-02219BG

Format:

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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How to fill out Indiana Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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FAQ

Although there can be some technical differences between the two terms, ?recuse? can usually be used interchangeably with ?disqualify.? When a judge is disqualified or recused from a case, he or she does not participate. In trial courts and some appellate courts, another judge hears it in place of the one who recused.

The general rule is that, to warrant recusal, a judge's expression of an opinion about the merits of a case, or his familiarity with the facts or the parties, must have originated in a source outside the case itself.

The judge has personal or financial interest in the outcome. This particular ground varies by jurisdiction. Some require recusal if there is any interest at all in the outcome, while others only require recusal if there is interest beyond a certain value. The judge determines he or she cannot act impartially.

[1] Under this Rule, a judge is disqualified whenever the judge's impartiality might reasonably be questioned, regardless of whether any of the specific provisions of paragraphs (A)(1) through (6) apply. In many jurisdictions, the term "recusal" is used interchangeably with the term "disqualification."

Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.

The party just has to state that he believes the judge is prejudiced against him and the party does not believe he can have a fair and impartial trial. Once a peremptory challenge is made, the judge cannot oppose it.

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.

More info

Jul 1, 2023 — • The judge has a personal bias or prejudice concerning a party or a party's lawyer or ... NOTE: Recusal for reasons under Indiana Code of ... (C) Disqualification or recusal of judge. A judge shall disqualify and recuse whenever the judge, the judge's spouse, a person within the third degree of ...by ML Jones · 2013 · Cited by 8 — ... a party wishing to disqualify a federal district court judge for prejudice against a party must file a disqualification motion along with an affidavit that ... by CG Geyh · 2011 · Cited by 57 — party to secure the disqualification of a district judge by submitting an affidavit that the judge had "a personal bias or prejudice" against the affiant or ... This document contains questions and answers to assist with filing a complaint alleging a federal judge has committed misconduct or has a disability that ... by LW Abramson · 2011 · Cited by 66 — Judicial impartiality is a significant element of justice. Judges should decide legal disputes free of any personal bias or prejudice. As a result of a. Sep 10, 2019 — File memoranda of law/trial briefs on complex issues of evidence, privilege, or procedure. Sometimes issues are too complex or nuanced to be ... Jul 15, 2020 — A judge shall disqualify himself or herself in any proceeding in which the judge's ... (1) The judge has a personal bias or prejudice concerning a ... Mar 21, 2005 — Balistrieri, supra at 1220 (“Disqualification of a judge for actual bias or prejudice is a serious matter, and it should be required only when ... Affidavit—To disqualify judge for prejudice—. General form. § 20. Affidavit—In support of motion to disqualify judge for personal bias or prejudice. § 21 ...

Indiana Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

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What is the difference between recusal and disqualification of judges?

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