Disqualification of a Trial Judge

• Pages: 373-390
• Author: Carl T. Grasso,Edward L. Birnbaum,Ariel E. Belen

DISQUALIFICATION

OF A TRIAL JUDGE

11-1

CHAPTER 11

DISQUALIFICATION OF A TRIAL JUDGE

I. STATUTORY DISQUALIFICATION

§11:01 Authority

§11:02 Statutory Disqualification Is Mandatory

§11:03 When Judge Has Been Counsel

§11:04 When Judge Is “Interested”

§11:05 When Judge Is Related to Party

II. RULE DISQUALIFICATION

§11:10 Authority

§11:11 Rule Disqualification Is Discretionary

§11:12 Opinion on Merits Is Not Bias

§11:13 Bias Must Affect Result

§11:14 Disqualification Not Warranted

§11:15 Disqualification Warranted

III. DISQUALIFICATION OF JUDICIARY PANEL BY CHANGE OF VENUE

§11:20 Authority

§11:21 Courts Hesitant to Grant

IV. PROCEDURE

§11:30 Make as Last Resort

§11:31 Timing: No Deadline

§11:32 Motion Based on Bias: Bring Post-Trial

§11:33 Caution: Premature Motion May Bring Sanctions

FORMS

Form 11:10 Notice of Motion to Disqualify Judge

Form 11:20 Affirmation in Support of Motion to Disqualify Judge

DISQUALIFICATION

OF A TRIAL JUDGE

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