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

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

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.

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 Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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FAQ

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.

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 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.

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

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

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.

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.

There is, however, an exception to the ordinary recusal requirements, known as ?the rule of necessity,? which allows judges to hear a case in which virtually all other available judges would have the same disqualifying interest, and the case could not otherwise be heard.