Is judge name required to fill form L-0292 in California?
Yes, in California, when filling out form L-0292 (which is the "Motion to Disqualify a Judge"), you must include the name of the judge you are seeking to disqualify.
Here's why and what to include:
OC, Purpose of Form L-0292:
This form is used to request that a judge be removed from a case based on a belief that the judge is biased or prejudiced.
Required Information:
The form requires you to:
Clearly state that you are making a motion to disqualify the judge.
Indicate the judge's name.
Provide a statement of the basis for the motion, which must be specific and based on the law.
Timing:
This motion must be filed on time, before the trial starts.
Where to File:
The motion must be filed with the judge you are seeking to remove from the case.
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Rule 3.516. Motions under Code of Civil Procedure section 170.6
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.
All plaintiffs or similar parties in the included or coordinated actions constitute a side and all defendants or similar parties in such actions constitute a side for purposes of applying Code of Civil Procedure section 170.6.
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How to file a peremptory challenge 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.
Can a judge deny a peremptory challenge?
It is critical that a peremptory challenge is made in a timely manner.
If the deadline is missed, not only will the challenge be denied and the party will be stuck with that particular judge, but that judge will know that you unsuccessfully tried to have him or her disqualified.
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What is the 170.6 rule in California?
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.
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re disqualification of judge in California;
In California, a judge can be disqualified (or removed) from a case through a "peremptory challenge" (CCP § 170.6) or a "challenge for cause" (CCP § 170.1), requiring specific procedures and grounds.
Here's a breakdown of judge disqualification in California:
1. Peremptory Challenge (CCP § 170.6):
What it is: A party can file a motion to remove a judge without needing to show a specific reason or bias, but only one such challenge is allowed per case.
How to file: You must file a motion to recuse within ten days of receiving notice that the judge is assigned to the case, before the judge decides a disputed fact in the case.
Important: This challenge is different from a "challenge for cause".
2. Challenge for Cause (CCP § 170.1):
What it is:
A party can challenge a judge based on specific grounds, such as the judge having personal knowledge of disputed facts, having served as counsel for a party, or having a financial interest in the case.
Grounds for disqualification:
The judge has personal knowledge of disputed evidentiary facts.
The judge served as a lawyer in the proceeding or gave advice to a party.
The judge has a financial interest in the proceeding.
The judge's spouse, a child or relative (or a spouse of the child or relative) is a party or counsel to a proceeding.
A person aware of the facts might reasonably entertain a doubt that the judge could be impartial.
How to file:
A challenge for cause must be in writing and verified, and the judge must be personally served.
Important:
There is no limit to the number of challenges for cause.
3. Judge's Self-Disqualification (CCP § 170.3):
What it is:
A judge can determine themselves to be disqualified and notify the presiding judge, and shall not further participate in the proceeding.
Procedure:
The judge must notify the presiding judge of their recusal, except in specific circumstances outlined in CCP § 170.4.
Waiver:
The parties may waive the disqualification, but this waiver must be in writing and signed by all parties and their attorneys.
4. After Disqualification:
Limited Activities:
Once disqualified, a judge may take actions necessary to maintain the jurisdiction of the court until a replacement is assigned, request another judge agreed on by the parties, hear and determine purely default matters, issue an order for possession prior to judgment in eminent domain, set proceedings for trial or hearing, or conduct settlement conferences.
Review:
The determination of a judge's disqualification is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appea
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A motion to recuse a judge can be filed by the prosecutor, the defense attorney, or the plaintiff or defendant in either a criminal or civil case.
If you want to disqualify a judge, you must file a motion that includes specific language listed in the law at CCP 170.6. 4. This motion must be filed on time.
