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Tennessee Motion for Disclosure of Any Possible Basis of Judicial Recusal

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This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.

Title: Tennessee Motion for Disclosure of Any Possible Basis of Judicial Refusal Keywords: Tennessee, motion, disclosure, judicial refusal, basis, possible, types. Introduction: A Tennessee Motion for Disclosure of Any Possible Basis of Judicial Refusal is a legal action initiated by one party in a court case to request information regarding any grounds that could potentially lead to the refusal of a judge. This motion is filed to ensure transparency, impartiality, and the fair administration of justice within the Tennessee legal system. Types of Tennessee Motions for Disclosure of Any Possible Basis of Judicial Refusal: 1. General Motion for Disclosure: — A general motion filed in a Tennessee court case to request the disclosure of any possible bases for judicial refusal. This motion seeks to ensure that all parties have access to information that might impact the judge's ability to remain impartial. 2. Specific Allegation Motion: — This type of motion focuses on a specific allegation against the judge, which could potentially compromise their impartiality. The party seeking refusal must present substantial evidence or reasonable grounds to support this motion. 3. Conflict of Interest Motion: — When it is believed that a judge has a personal interest or connection to the case that may influence their judgment, a Conflict of Interest Motion can be filed. This motion seeks the disclosure of any potential conflicts and requests the judge to recuse themselves if a conflict is confirmed. 4. Bias or Prejudice Motion: — If a party suspects that a judge is biased or prejudiced towards one side, they can file a Bias or Prejudice Motion. The motion seeks to reveal any potential biases that could impair the judge's ability to render a fair and unbiased decision. 5. Prior Involvement Motion: — In cases where a judge has previously been involved in a related matter, a Prior Involvement Motion can be filed. This motion requests the disclosure of any past associations or rulings that may create doubts about the judge's ability to remain impartial. Conclusion: Tennessee Motions for Disclosure of Any Possible Basis of Judicial Refusal play a crucial role in maintaining transparency, fairness, and trust in the legal system. These motions ensure that all parties involved have access to relevant information that could potentially impact the judge's impartiality. By requesting information about potential conflicts, biases, or prior involvements, these motions help safeguard the integrity of the judicial process in Tennessee.

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FAQ

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.

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.

A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.

If a judge recuses after a case has been assigned to a panel but before oral argument occurs, a replacement judge will typically be assigned to hear that case.

The purpose for which litigants seek recusal of a judge on a multi-judge appellate court is primarily to prevent the allegedly conflicted judge from participating in the case.

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.

What is a motion to recuse? 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.

(b) includes a claim for declaratory judgment or injunctive relief. Comment: This rule applies to amended complaints, counter-claims, and third-party complaints as well as complaints.

More info

The motion shall be filed no later than ten days before trial, absent a showing of good cause which must be supported by an affidavit.The motion shall be ... In matters that require immediate action, the judge must disclose on the record the basis for possible disqualification and make reasonable efforts to transfer ...On motion to compel discovery or for a protective order, the party from whom discoverv is sought must show that the information is not reasonably accessible ... The denial of a motion to recuse may also provide the basis for a judicial discipline ... File no more than one recusal motion in the case, unless, after you file ... Aug 4, 2023 — A motion to disqualify a judge must be: (i) in writing; (ii) accompanied by a factual affidavit; and (iii) filed no less than five days before ... by D Thorley · 2023 — ABSTRACT—U.S. courts rely predominately on judicial self-recusal and in- court disclosure to address judicial conflicts of interest and maintain a critical. No justice, judge, or magistrate judge shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). The motion shall be filed no later than ten days before trial, absent a showing of good cause which must be supported by an affidavit. The motion shall be ... by LW ABRAMSON · 2007 · Cited by 6 — Third, one or more of the parties may file a motion to disqualify the judge, based either on the judge's disclosure or upon their own independent knowledge; if ... Feb 10, 2022 — Any party may file, with the assigned Judge for that case, a motion ... MOTIONS: [insert date 30 days after the deadline for completing all.

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Tennessee Motion for Disclosure of Any Possible Basis of Judicial Recusal