When can you file a 170.6 motion?

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.

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Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or...

Santa Clara California Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

Name: Santa Clara California Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal
Brand: US Legal Forms
Rating: 4.68 (468 reviews)

Category:

Affidavits - Civil Procedure

State:

Multi-State

County:

Santa Clara

Control #:

US-02219BG

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 Santa Clara California Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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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.

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.

Definition of recuse transitive verb. : to disqualify (oneself) as judge in a particular case broadly : to remove (oneself) from participation to avoid a conflict of interest.

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.

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.

To raise a challenge, file an Affidavit of Prejudice Peremptory Challenge to Judicial Officer (form LACIV 015).

Please note that when a party tries to challenge, or disqualify, a judge on the basis of prejudice, the challenge is often referred to as a peremptory challenge. Disqualification means that a judge is removed from a court case and an alternate judge gets assigned to the proceedings.

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.

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.

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CONDUCT 10 (2d ed. 1992). 3. Constitute grounds for disqualification.Superior Court of California, County of Santa Clara. The affidavit of prejudice is not contestable and the disqualification of the judge is automatic. Up after she clerked for J. Reinhardt, is all over the press calling for recall of a Santa. Ruling on Appellant's Affidavit of Prejudice against the presiding judge.

Santa Clara California Affidavit to Disqualify or Recuse Judge for Prejudice - Recusal or Removal

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How to fill out Santa Clara California Affidavit To Disqualify Or Recuse Judge For Prejudice - Recusal Or Removal?

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FAQ

What does 170.6 mean?

When can you file a 170.6 motion?

What does it mean to recuse yourself as a judge?

Can a judge recuse himself?

Under what circumstances should a judge recuse himself?

How do I file a peremptory challenge in California?

What does peremptory disqualification mean?

When should you recuse?

What is papering a judge?

Interesting Questions

What is a Santa Clara Affidavit to Disqualify or Recuse a Judge for Prejudice?

Why would someone file a Santa Clara Affidavit?

How does a Santa Clara Affidavit work?

What are some possible reasons to file a Santa Clara Affidavit?

How is a Santa Clara Affidavit different from other disqualification or recusal requests?

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