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Recusal of a Judge
Barrister Amna (Alevels Academy Islamabad)
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1 year ago
A Level Academy Islamabad
Category
📚
Learning
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00:00
As you may have heard, the judge has kind of an important role in court.
00:05
And in civil court, a judge is often the be-all end-all of a case,
00:10
with the entirety of a decision falling on their black-robed shoulders.
00:14
So the last thing you need is to stand in front of a judge who won't give you a fair trial.
00:19
If this is the case, for one reason or another, there is something you can do.
00:24
That is, if the judge does not disqualify themselves first.
00:28
That something is filing a motion to recuse or disqualify the judge from your case,
00:34
essentially getting the judge removed so that another unbiased judge may oversee the proceedings.
00:40
There are four reasons a judge may be eligible for recusal.
00:44
One, that the party fears that he or she will not receive a fair trial or hearing
00:49
because the judge is prejudiced or biased against you,
00:53
be it based on race, gender, cultural background, or some other reason.
00:58
Two, the judge is related to one of the parties involved in the case.
01:02
Three, the judge is related to one of the lawyers involved in the case.
01:07
And four, the judge is a material witness in the case.
01:11
Now, going back to what your motion, which must be in writing, should contain,
01:15
you must state the specific facts and reasons for your motion.
01:19
If you are filing the motion because you believe the judge cannot be fair,
01:22
the facts and reasons you give should cause a reasonable person in your shoes
01:26
to fear that this judge could not give them a fair trial.
01:30
Then, you must swear to the motion, either by signing it under oath or by including a separate affidavit.
01:37
The motion should be filed within 10 days of whatever event caused you to question the judge's impartiality.
01:43
A judge should rule on the matter immediately, but is allowed 30 days from when the motion is filed.
01:49
If there is no response within the 30 days, the motion is automatically granted.
01:54
When a judge rules on your motion, she should not decide whether or not she is actually biased
01:58
or whether the facts of your motion are true.
02:01
She should rule only on whether those facts, assuming they are true, are enough for recusal under the rule.
02:07
And once a judge is recused and replaced by a substitute judge,
02:11
a motion can be filed to reconsider all of the old judge's previous case rulings,
02:16
which a party has 20 days to do from the date of recusal.
02:20
Removing a judge can seem like getting in over your head.
02:23
It's not, and LegalYou can help you make sure of that.
02:27
LegalYou, where the courtroom is not just for lawyers.
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