Why Would You Need A Motion to Recuse?
For many, fall is the best time for change, and when the season inspires one to initiate revision, certain conflicts of interest must be removed. The same can go for you legal case, especially when the judge is the conflict of interest.
What is a recusal?
Often referred to as judicial disqualification which presides over your case, a judge assigned to a case with a duty of fairness. Therefore, at the time a judge is being set to a case, he/she should review the facts of the case and realize if there are any reasons they should recuse themselves.
In some jurisdictions this decision is left up to another judge that makes a decision as to whether the presiding judge should be prohibited from hearing the case. Additionally, any party to the case, plaintiff or defendant, has the ability to motion a judge to recuse themselves from said case.
Here are some examples where a judge should likely recuse themselves from the case:
Family Member’s Economic Interest in the Case
Personal Knowledge of Disputed Facts
Relationship to a Party or Attorney
Bias or Prejudice Concerning a Party or Attorney
Do you need to remove a judge from your case?
Attorney Docs offers court-used legal documents for those in need!
Click here to download a Motion to recuse!