Fill and Sign the Disqualify Judge Form

IN THE ______________ COURT OF ______________ (County) , ________________ (State) _______________________ PLAINTIFF (State of ___________) V. CAUSE NO. ________,_______ _______________________ DEFENDANT (Name of Defendant) Affidavit of Defendant State of ___________________ County of _________________ ______________________ (Name of Affiant) , being first duly sworn, deposes and says that: 1. I am the Defendant in the above-entitled action, and that the Honorable _____________ (name of judge) , Judge of the ___________________________ ( title of court) , before whom the present action is pending, is prejudiced against me to such an extent that I cannot receive a fair and impartial hearing or trial before him. 2. The Honorable _______________ (name of judge) was the District Attorney of ____________________ (name of count y ) County, ____________________ (name of state) , at a time when I was prosecuted in that county on a charge of ________________________ (name of offense charged) , in an action entitled _______________________ (title of action) , No. _____________. Judge _________________ (name of judge) declared, at the conclusion of that trial, that if he had known as much about the case before it had been tried as he knew at the end of the trial he would have dismissed the charge of _____________________ (name of offense, e.g., battery) , and would have charged me with (e.g., attempted murder) _________ _____________ . Such declaration on the part of Judge ______________ (name of judge) was evidence of a desire to injure me. There was no just ground for such remark as the case was (e.g., merely a petty quarrel) ___________________________________________. 3. At the trial of a criminal cause entitled ______________________ (name of case) , No. ___________, in which _______________________ (name of plaintiff in present action) , plaintiff in the present action, was the prosecuting witness and I was aiding the defense, Judge _________________ (name of judge) was disqualified, by reason of his prejudice against defendant and myself, on a motion and affidavit for a change of judge made by defendant in that case. 4. The testimony to be offered in the present action will include part of the matters testified to in the criminal proceeding referred to above in which the present plaintiff was the prosecuting witness. The same reasons that disqualified Judge __________________ (name of judge) in that criminal proceeding also disqualify him from trying the present action, namely, (list reasons for disqualification) __________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________. 5. Judge _______________ (name of judge) has refused to declare his own disqualification and to request another judge to sit in his place on the trial of this action. Witness my signature this the ________________ (date) . ___________________________ ( Name and Signature of Affiant) SWORN to and subscribed before me, this the ______ day of _____________, 20____. _____________________________ NOTARY PUBLIC My Commission Expires: __________________