Mississippi Motion for Recusal of Judge - Removal

Q: How is a judge officially come to be recused from a proceeding?

The general rule is that, to warrant recusal, a judge&#039;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.

Q: What is the federal rule for recusal of judges?

United States, 510 U.S. 540 (1994)28 U.S.C. 455(a) requires recusal of a judge in any proceeding in which his impartiality may be questioned. The Supreme Court holds that matters arising out of the course of judicial proceedings ? either in this case, or in a prior case ? are not a proper basis for recusal.

Q: What is the recusal process?

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

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

Control #:

US-02218BG

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 Motion For Recusal Of Judge - Removal?

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Form popularity

FAQ

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.

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

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.

United States, 510 U.S. 540 (1994)28 U.S.C. §455(a) requires recusal of a judge in any proceeding in which his impartiality may be questioned. The Supreme Court holds that matters arising out of the course of judicial proceedings ? either in this case, or in a prior case ? are not a proper basis for recusal.

The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case.

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.

Also, requests for recusal should be in the form of a motion. In many areas if there is a VALID complaint of judicial misconduct filed with, or being processed by, the local judicial disciplinary board, one has a better chance of successful recusal at hearings FOLLOWING the filing of the complaint.

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

Mississippi Motion for Recusal of Judge - Removal

Description

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How to fill out Motion For Recusal Of Judge - Removal?

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FAQ

What is Rule 81 in Mississippi?

What is an order of recusal?

How is a judge officially come to be recused from a proceeding?

What is the federal rule for recusal of judges?

What is an order of recusal by a judge?

How can a judge be recused?

How do you ask a judge to recuse themselves?

What is the recusal process?

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Mississippi Motion for Recusal of Judge - Removal

Description

Related forms

Viewed forms

How to fill out Motion For Recusal Of Judge - Removal?

Form popularity

FAQ

What is Rule 81 in Mississippi?

What is an order of recusal?

How is a judge officially come to be recused from a proceeding?

What is the federal rule for recusal of judges?

What is an order of recusal by a judge?

How can a judge be recused?

How do you ask a judge to recuse themselves?

What is the recusal process?

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