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

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Multi-State
Control #:
US-02219BG
Format:
Word; 
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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

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.

(b) Mandatory recusal. A Judge shall recuse themself under circumstances that would require disqualification of a Federal judge under Canon 3(C) of the Code of Conduct for United States Judges, except that the required recusal may be set aside under the conditions specified by Canon 3(D).

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.

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.

9 Ways To Make A Judge Rule In Your Favor. Be Professional. Persuading a judge has a lot to do with the impressions you create and how the judge perceives you. ... Outline the Theory of your Case. ... Be Clear and Concise. ... Don't Focus too much on Technicalities.

In your notice of application or notice of motion you will ask for an order that the judge/master recuse herself/himself from hearing your case.

"Recusal" means the process by which a person is disqualified, or disqualifies himself or herself, from a matter because of a conflict of interest.

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