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Motion for Disclosure of Any Possible Basis of Judicial Recusal

Motion To Recuse Judge Template

Name: Motion for Disclosure of Any Possible Basis of Judicial Recusal
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.82 (261 reviews)

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-00800

Format:

Instant download

Description Motion Any Judicial Sample

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

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Motion Disclosure Document Other Form Names

Motion Disclosure Complete Motion Disclosure Any Motion Disclosure Disclosure Any Template Motion Any Judicial Judicial Recusal Form Sample Judge Court State

Judge Court Cir FAQ

Recusal Add to list Share. In law, recusal is the act of a judge being disqualified (or disqualifying herself) because of a conflict of interest.

Primary tabs. Judges recuse themselves when they take no part in deciding cases that they would otherwise help decide. The Due Process clauses of the United States Constitution requires judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome.

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.

If a party believes that the judge's impartiality may reasonably be questioned under the provisions of the Constitution of New Mexico or the Code of Judicial Conduct, the party may file a notice of facts requiring recusal. The notice shall specifically set forth the constitutional grounds alleged.

Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

(5) A judge who refuses to recuse himself or herself shall not pass upon his or her own disqualification or upon the sufficiency in law, fact, or otherwise, of the statement of disqualification filed by a party.

If a judge declines recusal even though they were aware that proper grounds existed, then there may be significant repercussions. First, the result of the case can be reviewed by an appellate court, and an entirely new trial may be ordered.

Motion To Recuse Judge Template

Description Motion Any Judicial Sample

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Motion Disclosure Document Other Form Names

Judge Court Cir FAQ

What is a recusal?

When should a judge recuse themselves?

What disqualifies a judge?

When should a judge recuse from a case?

What is a notice of recusal?

What does order of recusal mean?

What if a judge refuses to recuse himself?

What is a motion for recusal?

What do you do if a judge refuses to recuse themselves from a case?

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