Legal Question in Traffic Law in California

In traffic court, after I exercise 170.6 (peremptory challenge), do I have to stay in court that same day to get another judge, or will the court reschedule my traffic court hearing date to another day? and do I need to file a Motion To Recuse (170.6) form or can I verbally request the judge's recusal at the hearing or do I tell the court clerk before the judge steps to the bench?


Asked on 8/31/14, 7:11 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

It depends upon the court's schedule whether the hearing is on the day the 170.6 motion is made or on another day. You can either do it in writing or you can read the form in court. Best practice would be to have a written form and to give the clerk warning prior to the judge taking the bench.

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Answered on 8/31/14, 8:41 pm


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