MOTION to DISQUALIFY JUDGE CCP 1706 Occourts Form
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People also ask
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How do I challenge a judge in California?
A party making a peremptory challenge by motion or affidavit of prejudice regarding an assigned judge must submit it in writing to the assigned judge within 20 days after service of the order assigning the judge to the coordination proceeding. -
What can remove a California judge from office?
Determinations by the commission to remove, censure, admonish, or retire a judge are subject to discretionary review by the California Supreme Court. -
What is a motion for disqualification of a judge in California?
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. -
What is a 170.6 challenge to a judge?
If you have a case in superior court, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure (CCP) § 170.6 gives you the right to disqualify him or her without having to show a reason. -
What are the grounds for motion to dismiss in California?
Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing. Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case. -
What is a motion to disqualify a judge in California?
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. -
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. -
What is a peremptory challenge pursuant to 170.6 CCP?
California Code of Civil Procedure section 170.6 provides that a judge may be disqualified from a case if he or she is prejudiced against a party, an attorney, or the interest of the party or the attorney. This is called a peremptory challenge.
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