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?


Asked on 7/21/06, 12:02 pm

1 Answer from Attorneys

Nima Taradji Taradji Law Offices

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

Read more
Answered on 7/21/06, 12:09 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Illinois