why did my attorney request a change of judge?

Can a party change the judge in a civil case?

Aug 07, 2020 · Typically a party will request a new judge because there are facts that indicate the assigned judge may not be impartial. Circumstances that might affect impartiality include: The assigned judge has some financial interest in the outcome of the case. The assigned judge is related in some way to one of the parties.

When to change the judge in a family law case?

Jan 04, 2011 · If you want to challenge a judge assignment, because you have EVIDENCE that the judge is biased (which is a LOT more than "He didn't rule my way", or "He didn't like me because of what the evidenc eshowed about me") ), you should consult with an experienced attorney about the steps to do so.

How to ask for a change of attorney in a case?

Jul 12, 2018 · There are a number of reasons why a party may wish to change the judge or the venue for a particular case. In regard to judges, perhaps a party knows of some association between the judge and the opposing party, which they believe will …

How do I change judges in a divorce case?

It sounds like you are indicating that you have made a request to your divorce attorney and your lawyer has refused to file a Motion to Change Judge. While I understand that this may be frustrating, I recommend that you put your request in writing if you have not already done so and ask your attorney why they do not wish to file this motion.

What factors are considered in a potential change of venue?

Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.

Which of these facts would a judge consider in deciding a motion to change venue?

Superior Court (1991) 323 Cal....What Are the 5 Factors the Judge Considers to Change Venue?Nature and Gravity of the Offense. ... Nature and Extent of News Coverage. ... Size and Characteristics of Community. ... Status of Defendant in Community. ... Status of Victim in Community.

Why do defense and prosecuting attorneys push for a change in venue from time to time?

If the location where your trial is to be held could possibly jeopardize this right, your attorney may file a Motion for Change of Venue. If granted, the case will be tried in a different location where you are more likely to receive fair treatment.

How do you make a judge recuse himself?

A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

Why would a defendant ask for a trial to be moved to another location?

Why Would A Defendant Ask For A Trial To Be Moved To Another Location? The defendant must submit to transfer his court proceeding to another district if an absolute prejudice exists in the transferring district against the defendant which precludes his or her obtaining fair and impartial trial in that new district.Apr 7, 2022

What is a motion for suppression?

A motion to suppress is a motion that revolves around the exclusion of evidence from trial. In the United States, a motion to suppress is a request made by a criminal defendant in advance of a criminal trial asking the court to exclude certain evidence from the trial.

Can you switch court locations?

If the venue you originally chose for your family law case is no longer a convenient location, you can petition the court to transfer your case somewhere else. This applies to: Divorce, domestic partnership dissolution, or legal separation cases.Jun 15, 2021

What does it mean if a judge releases a defendant on personal recognizance?

Release on your own recognizance means you don't have to pay bail. Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller.

WHY IS venue jurisdictional in criminal cases?

Otherwise stated, the venue of action and of jurisdiction are deemed sufficiently alleged where the Information states that the offense was committed or some of its essential ingredients occurred at a place within the territorial jurisdiction of the court.

What is a conflict of interest for a judge?

Some of the most common examples of a conflict of interest that would lead an assigned judge to recuse themselves voluntarily include situations in which: They have a familial relationship to one of the attorneys involved in the case. They have a possible financial interest in the result of the case.Aug 27, 2018

Why would a judge recuse himself from a case?

Generally, a judge must recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit or has personal knowledge of the facts that are disputed in the proceeding.

What does recusal mean in law?

Primary tabs. Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.

What Happens If You Want to Change Judges?

Changing judges is a common request and each state handles it differently. Many states allow you to easy change a judge if you request the change e...

Can I Change The Judge If I Don’T Like How They Are Handling My Case?

Simply not agreeing with what the judge decides on an issue will almost never be a sufficient reason to change judges. Since every ruling will hurt...

Do I Need An Attorney to Change Judges?

The judge that proceeds over your trial will have a significant impact on your case. You may want to research the judge you have been assigned long...

Michael A. Aronoff

You need to show some strong evidence that the judge is prejudiced toward you to remove him/her. Under certain circunstances, you can do a peremptory challenge top a judge...no actual prejudice need be shown.

Frank Wei-Hong Chen

No, if the judge has already begun the trial in your case, it is too late in the game to challenge the judge. Under California law (specifically California Code of Civil Procedure section 170.6), a preemptory challenge must be timely made.

Richard Forrest Gould-Saltman

If you want to challenge a judge assignment, because you have EVIDENCE that the judge is biased (which is a LOT more than "He didn't rule my way", or "He didn't like me because of what the evidenc eshowed about me") ), you should consult with an experienced attorney about the steps to do so.

What is the rule of criminal procedure?

The Rules of Criminal Procedure shall govern proceedings to enforce a statute defining an infraction. The right to a change of judge is separate from the right to a change of venue. The bar for changing a judge in a trial is lower than that for changing venue.

What is the Indiana Rules of Trial Procedure?

The rules. Changes of venue or of a judge are governed by the Indiana Rules of Trial Procedure, and specifically Rule 76. Let’s look first at the rule regarding change of venue. For change of venue, Rule 76 (A) states that: In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon ...

Robert Scott Grossman

First, I suggest that you speak with an attorney about your rights. Generally, you cannot just “change” judges. Once a judge is assigned to a matrimonial case, they generally handle the case through its conclusion, and sometimes post judgment as well.

Loren Ivan Glassman

For all practical purposes, you are probably not going to be able to change judges unless you can show that the present judge has some relationship with your husband that would make it difficult for him to be impartial. You don't say in your question how long the judge has refused to act, or why he may be delaying action.

Why do judges change custody?

Since the child’s best interests are always the most important consideration, endangerment is one of the most compelling reasons a judge will change custody. If one of the parents is engaging in behaviors that could endanger the child, the court could modify the order and remove or substantially limit that parent’s rights to physical custody.

How long can a court order be modified?

However, if circumstances change, the court can modify the order at any point until the child turns 18. All it takes is for one parent to request modification with the court and for the judge to agree. The parent who wants to modify will typically make their request with the help of their family law attorney.

What are the reasons for child custody modification?

Behaviors that could justify a child custody modification due to endangerment may include: 1 Physical, emotional, sexual, or psychological abuse (including verbal abuse) 2 Placing the child in circumstances, either through action or failure to act, that put them in danger of abuse by others 3 Drug and alcohol abuse that places the child at risk of harm or creates a negative influence 4 Serious mental health concerns (psychotic breaks, hospitalizations, unstable or erratic behavior)

Why do children need different environments?

A child may need different environments in order to thrive at various stages in their life , making one home more suitable than another. If you can demonstrate to the court that the child’s needs have changed, you may have grounds for a custody modification.

What happens when you go to court with another parent?

When you and the other parent initially went to court, you ended up with a custody order, either through agreement or the judge’s decision. Both of you are supposed to follow this order. Now, the other parent isn’t holding to it.

What is physical abuse?

Physical, emotional, sexual, or psychological abuse (including verbal abuse) Placing the child in circumstances, either through action or failure to act, that put them in danger of abuse by others. Drug and alcohol abuse that places the child at risk of harm or creates a negative influence.

Can a non-custodial parent change custody?

Moving isn’t automatically considered a substantial reason to change child custody. So, it’s not guaranteed that this type of petition will succeed, but the court should factor relocation into the decision.