Ma Entity Disclosure 2014-2025 Form
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FAQs
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How do I address a judge who knows, but refuses to address, the fact that officers of the court (in this case a receiver) formed a new business entity with a plaintiff, in which I am a defendant, absent disclosure, during the litigation proceedings?
It can happen. I once found out, quite by accident but from an excellent source, that the opposing counsel and the trial judge had discussed a litigation case without my presence, once during a basketball session. I filed a motion asking the judge to recuse himself from the case and included a scholarly brief describing the standards. The judge denied it, but then I got a workable settlement offer from the other side, which had previously refused even to discuss the possibility. But I did two things: I put my evidence into the record, meaning it could be reviewed by an appellate court, and made clear my intent to seek an interim appeal if necessary.If you are represented and there really is a conflict of interest in which the judge has a connection, you must advise your attorney immediately and provide whatever evidence you have. But know that the best you may get is a new judge and receiver. Please be prepared for that. I was just lucky that mine had a larger result. If you are not represented, and cannot get an attorney, you might get somewhere doing some research on “recusal” for cause in both the court which appointed the receiver and the one with the litigation (if different). In some states, judges faced with a respectful request for recusal are to consider the facts as presented as true and to determine whether grounds for recusal to exist based on those facts. That is not the exact standard everywhere, however.A motion may be made orally by a layperson, as is what is called an “offer of proof”. If you are unrepresented, that will be scary but it is the only way, probably, to get this into the record of the litigation.Further, keep in mind that you may not like what the judge does, but that does not mean she/he is legally biased or prejudiced, the standard for recusal. People who lose litigation, in my long experience, generally feel that they got a raw deal in some fashion or another. Your beliefs or feelings are not evidence.In my case, the judge and attorney had violated both a rule of ethics and a rule of civil procedure in discussing the case outside my presence and it was enough, but not something I would necessarily do twice I just wasn’t afraid of either the judge or the opposing counsel, already having much trial experience. That is not your situation.
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