Alameda California Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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FAQ
A section 170.6 challenge to a direct calendar judge assigned to a case for all purposes must be made for a civil case within 15 days of the party's notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party's first appearance.
CCP 170.6 allows a party to a case (or the attorney representing that party) a one-time opportunity to disqualify a judge who is prejudiced against a party or the party's cause.
Lawyers call it 'papering a judge' Attorneys who appear in court on a regular basis get an idea of which judge is better for a particular type of case and those who reek of bias against certain lawyers or classes of parties.
California currently permits a party in a civil case six (6) peremptory challenges, and 10 in non-capital criminal cases. See Cal. Code of Civ.
The challenge is usually made by a written motion to the court in the proper format with specific language and supported by a declaration made under penalty of perjury. An oral motion under oath is also allowed.
Code of Civil Procedure 170.6 CCP is the California statute that allows for a judge to be disqualified, or removed, from presiding over a civil lawsuit or a criminal trial if the judge is prejudiced against a party or attorney.
To raise a challenge, file an Affidavit of Prejudice Peremptory Challenge to Judicial Officer (form LACIV 015).
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.