Chapter 9 The Judge

• Jurisdiction: United States

Chapter 9 The Judge

170.6 Motion—"Papering" or Challenging a Judge

California's Code of Civil Procedure §170.6 grants an attorney an opportunity to recuse a judge from hearing a case. The attorney can file paper (also known as a peremptory challenge) on that judge, which is a motion to disqualify the judge from hearing the case. Unlike CCP §170.1 (also known as challenging for cause), the moving party need not show actual prejudice on the part of the judge. In a CCP §170.6 motion the moving party merely alleges prejudice on part of the judge. The moving party moves for disqualification of the judge on mere belief that the defendant cannot get a fair trial. Once an attorney "files paper" on a judge, this disqualifies that judge from hearing the case for all purposes.

Both prosecution and defense are limited to filing one paper per side per case. Even on a multiple defendant case, the defense can...