Motion for Recusal of Judge - Removal

Category:
State:
Multi-State
Control #:
US-02218BG
Format:
Word; 
Rich Text
Instant download

Explanation of the Motion for Recusal of Judge

A Motion for Recusal of Judge - Removal is a formal request made to a court, asking a judge to withdraw from a case due to potential bias or conflict of interest. This motion aims to ensure a fair trial by allowing for a different judge to preside over the proceedings. It is an important legal tool for parties who believe that the current judge may not be impartial in their decision-making.

When this document becomes relevant

This motion is typically used in situations where a party feels that the judge may have a personal stake in the case or has previously expressed opinions that could affect their judgment. Common scenarios include:

  • When the judge has a personal relationship with one of the parties involved.
  • If the judge has previously ruled on related matters that could influence their current decision.
  • When there are public statements made by the judge that suggest bias.

Intended audience of Motion for Recusal of Judge

This form is intended for any party involved in a legal case, whether as a plaintiff or defendant, who believes that the assigned judge should be removed from their case. It is applicable in civil, criminal, and family law matters where impartiality is crucial.

Required information in this form

The Motion for Recusal of Judge - Removal includes several essential sections:

  • Case Information: Details about the court, county, and parties involved.
  • Grounds for Recusal: A section where the party must state the reasons for requesting the judge's removal.
  • Notice of Motion: Information about when and where the motion will be heard.
  • Certificate of Service: A declaration confirming that the motion has been shared with the opposing party.

Completing the Motion for Recusal of Judge

To fill out this form, follow these steps:

  1. Identify the parties: Fill in the names of the plaintiff and defendant as well as the case number.
  2. State the judge's name: Enter the name of the judge from whom recusal is requested.
  3. Provide grounds for recusal: Clearly outline the reasons for the motion, ensuring they are specific and relevant.
  4. Complete the notice section: Indicate the date, time, and location where the motion will be heard.
  5. Include attorney information: Provide details about the attorney representing the moving party, including their contact information.
  6. Sign and date: Ensure that the form is signed by the moving party or their attorney and dated appropriately.

State compliance overview

While the general format of a Motion for Recusal is similar across jurisdictions, specific requirements may vary by state. This includes the necessary grounds for recusal, the format of the motion, and any additional documentation that may be required. Users should consult their state’s court rules to ensure compliance with local regulations.

Why use this form online

Accessing the Motion for Recusal of Judge - Removal online offers several advantages:

  • Convenience: Download and complete the form from anywhere at any time.
  • Editability: Easily make changes or updates to the form as needed.
  • Legal reliability: Obtain a professionally drafted form that meets legal standards.
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