Legal Question in Civil Litigation in Illinois
judge
what is the protocol to get a judge to recuse themselves from a civil case? what is the termonology?
1 Answer from Attorneys
Re: judge
You have two choices:
Motion for Substitution of Judge for Cause: in this Motion you will have put forward reasons why you think the judge will not be able to assess you case in a fair manner.
your other choiceis:
Motion for Substitution of Judge as of Right:
In this motion you simply can ask the court to assign another judge to your case--you do not have to give any reason whatsoever--make sure you give proper notice to the opposing counsel and then simply file your motion. The judge will then send the case to the chief judges office for re-assigment. Two things that you have to remember:
a) your motion will be denied if the judge has already made important/substantive rulings on your case and b) your motion will be denied if you have already exercised this right once before--you only get to do it once.
I hope this helps,
Taradji Law Offices
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