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6. An affidavit of disqualification cannot be filed against a magistrate or referee. 7. The Chief Justice of the Supreme Court or any Justice designated by the Chief Justice decides affidavits of disqualification. Any entry issued by the Chief Justice, or her designee, will be mailed to all parties and counsel listed in the affidavit. B. Filing ...
- What Are The Grounds For Which A Judge Can Be Disqualified?
- What Is The Procedure For Having A Judge Disqualified from Your Case?
- What Happens If A Judge Declines to Recuse themselves?
As detailed inNRS 1.230, the grounds for disqualification are laid out as follows: ● A judge shall not act as such in an action or proceeding when they entertain actual bias or prejudice that is for or against one of the parties to the action. ● A judge shall not act as such in an action or proceeding when an implied bias exists in the following wa...
In the event that there is a reasonable belief that the judge presiding over your case will not be able to do so with the impartiality that is necessary for the proceedings at hand, both the defense and the prosecution has the option to file an affidavit that details specifically the facts related to any actual or implied bias or prejudice that cou...
In cases where a judge whose impartiality is in question and reasonable grounds exist for them to recuse themselves from a case, their failure to do so may result in disciplinary action, including possible suspension or disbarment. Additionally, the result of the case in question may need to be reviewed and in some cases, may lead to the ordering o...
An affidavit is a written sworn statement of fact voluntarily made by an affiant. It is difficult to assess credibility from an affidavit, especially when the affidavit was prepared by a third party (e.g. lawyer). The evidence in the affidavit is not be tested by cross-examination.
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Feb 22, 2021 · The affidavit, in other words, contains the written version of the “story” of the person who makes it. A story pertaining to the specific legal issues and information relevant to his or her case. It contains the evidence filed with and presented to the court for its consideration.
- Rosemary Bocska
Nov 12, 2019 · ANC Timber provides a helpful guide in assessing your own or an opposing party's affidavit evidence, and determining what evidence a court may deem inadmissible.
Procedurally, attempting to disqualify a judge under § 144 requires the party to file a “timely and sufficient affidavit” regarding the judge's bias, stating the “facts and the reasons for the belief that bias or prejudice exists.”.
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Originally published by Little Brown (Boston), Judicial Disqualification is a comprehensive and intensively-researched Guide to the law which governs motions to disqualify judges in the Federal courts, as well as in every American state.
