Wyoming Motion for Recusal of Judge - Removal

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US-02218BG
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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.

Wyoming Motion for Refusal of Judge — Removal: Detailed Description A Wyoming Motion for Refusal of Judge — Removal is a legal petition filed by one party in a court case to request the removal or disqualification of a judge based on specific grounds, such as bias, conflict of interest, or the appearance of impropriety. This motion aims to ensure a fair and unbiased judicial process and protect the parties' constitutional right to a fair trial. Keywords: Wyoming, Motion for Refusal, Judge Removal, legal petition, disqualification, bias, conflict of interest, appearance of impropriety, fair and unbiased judicial process, constitutional right, fair trial. Different Types of Wyoming Motion for Refusal of Judge — Removal: 1. Motion foRefusalal based on Bias: This type of motion argues that the judge assigned to the case has demonstrated a clear bias or prejudice that could prevent the fair adjudication of the matter. It may include evidence such as prejudiced statements or actions by the judge. 2. Motion for Refusal based on Conflict of Interest: This motion asserts that the judge has a personal or professional relationship with one of the parties, their attorneys, or individuals directly involved in the case. It aims to prevent any potential conflict that may hinder the judge's impartiality or fairness. 3. Motion for Refusal based on Appearance of Impropriety: This type of motion suggests that the judge's conduct or association outside the courtroom creates an appearance of impropriety, even if there is no actual bias present. It seeks the judge's removal to uphold public confidence in the judicial system's integrity. 4. Motion for Refusal based on Prior Involvement: This motion argues that the judge has a previous connection to the case, either through prior rulings, involvement as an attorney, or as a witness, which could compromise their objectivity and fair judgment. 5. Motion for Refusal based on Constitutional Rights Violation: This motion contends that the judge's actions or behavior have violated the party's fundamental constitutional rights, warranting their removal from the case. Examples may include deprivation of due process or denial of a fair and impartial trial. By filing a Wyoming Motion for Refusal of Judge — Removal, the moving party is seeking a new judge who can objectively preside over the case, ensuring that the dispute is decided without any prejudice or bias. It is vital to consult with a knowledgeable attorney experienced in Wyoming law to draft such a motion accurately and effectively present the grounds for refusal before the court.

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FAQ

Wyoming rule 41 (a) (1) reads: a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action in which service was obtained, based on or including the same claim.

Rule 35 - Physical and mental examinations (a) Order for an Examination. (1) In General. The court where the action is pending may order a party whose mental or physical condition-including blood group-is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.

At any time more than 60 days after service of the complaint and at least 28 days before the date set for trial, any party may serve on an opposing party an offer to allow settlement or judgment on specified terms, with the costs then accrued.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and, if the person's attendance is commanded, by tendering to that person the fees for one day's attendance and the mileage allowed by law.

The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice.

Rule 60 - Relief from a judgment or order (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

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The motion designating the judge to be disqualified shall be filed by the plaintiff within five days after the complaint is filed; provided, that in multi-. ... judge districts, the plaintiff must file the motion to disqualify the judge within five days after the name of the assigned judge has been provided by a.Jan 1, 2022 — ... a petition is reviewed by the district judge or magistrate judge, the prisoner must pay the appropriate filing fee or file a motion for. by JS Evans · 1971 · Cited by 1 — For under the rule, nothing prevents the overzealous advocate from "shopping for judges." Also under the rule in Wyoming the motion for a change of judge. by LW Abramson · 2011 · Cited by 66 — Depending on the technique applied by court rules, statutes, or case law, a judge personally may decide the motion, pass on the legal sufficiency of the motion, ... The opinion of the justices of the supreme court on any matter pending before it, shall be given in writing and be filed with the papers in the case, and when ... The motion shall be supported by affidavits stating sufficient facts to demonstrate such bias or prejudice. Prior to a hearing on the motion other affidavits ... Some jurisdictions have prepared forms or checklists with common reasons for the action taken on a recusal motion, which the judge can complete, annotate as ... Mar 23, 2018 — Elections Are the Wrong Way to Pick State Supreme Court Justices. Wisconsin's recusal controversy highlights the problems with electing judges. Aug 4, 2023 — Requirements and Evidence ... A motion to disqualify a judge must be: (i) in writing; (ii) accompanied by a factual affidavit; and (iii) filed no ...

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Wyoming Motion for Recusal of Judge - Removal