Pennsylvania Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

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US-MOT-01426
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This is a multi-state form covering the subject matter of the title.
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FAQ

Ing to Black's Law Dictionary, "recusal" is the process "by which a judge is disqualified on objection of either party (or disqualifies himself or herself) from hearing a lawsuit because of self-interest, bias or prejudice". The fundamental principles of recusal of a judge at common law scielo.org.za ? scielo scielo.org.za ? scielo

Personal Connection to One of the Parties to the Case: For example, if the judge is a neighbor, best friend, or has another personal connection with someone on either side of a lawsuit, their impartiality would be questioned. Thus, that judge should recuse themself from the case. Consequences of Judges Not Recusing Themselves - LegalMatch legalmatch.com ? law-library ? article ? con... legalmatch.com ? law-library ? article ? con...

To get a venue change based on publicity, courts usually require that the defense show that the media coverage caused actual prejudice in the prospective jurors' minds. In rare cases, sufficiently pervasive, sensational, and slanted publicity will cause the court to presume that there's prejudice.

Rule 302 - Venue A. An action against an individual may be brought in and only in a magisterial district where: (1) The individual may be served, or (2) The cause of action arose, or (3) a transaction or occurrence took place out of which the cause of action arose.

Motion for Dismissal. ([A]a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

A recusal is appropriate when a conflict of interest exists between an employee's job duties and financial interests (including interests in future employment) or certain business or personal relationships or outside activities. Employees are strongly encouraged to document their recusals in writing. Recusal Best Practices for DOI Employees doi.gov ? ethics ? recusal-best-practices-for-... doi.gov ? ethics ? recusal-best-practices-for-...

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. 203.1 Recusal of Judge/Prosecutor - NC PRO NC PRO ? manual NC PRO ? manual

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.

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Pennsylvania Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions