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Any party to a lawsuit may ask a judge to recuse himself/herself.

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17y ago

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Can you ask for a new judge?

You can always ask for anything you like. Changing judges is legally known as recusal. The judge will recuse him or herself if there is some legal reason necessitating it. You would need to file a motion to recuse and state what reasons you believe the judge should not hear your case.


Are there any circumstances in which a plaintiff in a civil matter can ask a judge to recuse him- or herself?

Anytime a judge has a conflict of interest in a lawsuit he should recuse himself. Reasons a plaintiff can ask for recusal include the judge is related to, is a friend of or a business partner with defendant. Or if the lawsuit is against a company the judge has invested in and a judgment against the company might harm his investment. Or that the judge had worked with defendant's law firm or been partner's together. Or that there had been some altercation or disagreement between plaintiff or plaintiff's lawyer and the judge do that it might appear that the judge would be prejudiced against the plaintiff. Lawyers and judges are expected not only to avoid improprieties like those but also to avoid even the appearance of impropriety. This means that even if an investigation into an alleged conflict of interest shows no actual conflict of interest, the judge should probably recuse himself if it appears to be a conflict.


Are there any circumstances in which a plaintiff in a civil matter can ask a judge to recuse him or herself?

Anytime a judge has a conflict of interest in a lawsuit he should recuse himself. Reasons a plaintiff can ask for recusal include the judge is related to, is a friend of or a business partner with defendant. Or if the lawsuit is against a company the judge has invested in and a judgment against the company might harm his investment. Or that the judge had worked with defendant's law firm or been partner's together. Or that there had been some altercation or disagreement between plaintiff or plaintiff's lawyer and the judge do that it might appear that the judge would be prejudiced against the plaintiff. Lawyers and judges are expected not only to avoid improprieties like those but also to avoid even the appearance of impropriety. This means that even if an investigation into an alleged conflict of interest shows no actual conflict of interest, the judge should probably recuse himself if it appears to be a conflict.


How do you handle a biased judge?

Show the bias and ask for a new judge. ADDED: File a motion with the court asking the judge to 'recuse' themselves because of a perceived bias on their part, or request a change of venue.


Can a jugde be related to the other party on a case?

This raises at least the appearance of partiality. One or both parties should ask the judge to recuse him/herself.


Can you ask a judge presiding in a civil lawsuit to recuse himself because of a possible conflict of interest?

PakistanNo. It is not the decision of the plaintiff nor the defendant to make such a request.Judges who believe there could be a conflict of interest will generally take the action upon themselves, as the majority of judges are elected officials and do not want to have cases appealed on such grounds.United StatesYes. If a party in a case believes the judge should be disqualified, the party may then ask the judge to step down, giving reasons for the request.


Does your attorny have to ask a magistraight to recuse herself if you ask him too?

You do not have to have an attorney in order to ask a magistrate to resuce herself if you ask him to. It is always better to have an attorney but it is never necessary.


How do you change a judge from your case?

Yes, you can request a different judge. You have to have valuable reasoning why you want a new judge and you will also need to have the DA accept the change. This all depends on what state that you live in also.


What question does a judge ask you when you want to keep your car?

The judge may ask - are you going to act responsibly.


Can a judge ask a witness questions during a court proceeding?

Yes, a judge can ask a witness questions during a court proceeding.


Can you ask the judge to go to the place where you want to get married?

A judge probably won't go where you want to get married, but you can get a justice of the piece of minsiter. You can always ask the judge, they may be willing to go.


How do you request change of judge civil family law in California?

These matters may even be further delineated in the county in which you reside. I believe the best way to go about asking for a change would be to contact your county's family court division and ask them directly, as each county's procedure may be different and it might be difficult to get an exact answer here unless you post the county and happen to get someone with the firsthand knowledge of that county. Good luck! Added: In any case, if there are circumstances showing that the judge does not have the ability to be unbiased, you file a motion to recuse the judge. Typically, you cannot request a change of judge without some sort of bias. Generally, allowing litigants to "judge shop" or hand pick their judge is against court policy.

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