How do you recuse a person?

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Motion for Recusal of Judge - Removal

Clark Nevada Motion for Recusal of Judge - Removal

Name: Clark Nevada Motion for Recusal of Judge - Removal
Brand: US Legal Forms
Rating: 4.57 (459 reviews)

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

County:

Clark

Control #:

US-02218BG

Format:

Instant download

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.

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How to fill out Clark Nevada Motion For Recusal Of Judge - Removal?

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(1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of facts that are in dispute in the proceeding. (d) likely to be a material witness in the proceeding.

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.

Judges can recuse themselves sua sponte or do soor decline to do soif a party moves for disqualification. A declined disqualification motion is normally subject to appeal to a higher court, and courts have produced an extensive case law on the matter.

A judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been

Waiver and substitution If a judge fails to recuse themselves sua sponte and a party believes the judge has a bias the party may motion for substitution. In some jurisdictions litigants may have the right to substitute a judge, even if no bias is demonstrated.

The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome. Where there is otherwise a strong possibility that the judge's decision will be biased.

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.

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.

Six steps to saving a life without risking your own Keep alert. Don't expect a casualty to be shouting for help.Resist temptation. Don't be tempted to go in.Call 999 or 112. Call the emergency services before you do anything else, so help will be on its way.Shout and signal.Find a rescue aid.Safe rescue.

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In the Matter of Holcomb, 418 S.E.2d 63 (Georgia. IN THE CIRCUIT COURT NO. _____FOR CLARK COUNTY.15 -- Disqualification of Family Court Commissioner. See Geoffrey R. Stone, Op-Ed. Notice of Hearing on Petition for Order of Protection. R. 530), in Complaint No. 2265, against Marty K. Clark, a District Magistrate Judge in the 20th Judicial District. The. Motion to recuse the presiding Justice. Orders Protection Order Against Harassment In The Workplace. Henderson Justice Court. B. Termination Petition Filed as Motion in the Cause.

Clark Nevada Motion for Recusal of Judge - Removal

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