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Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, we are asking a judge to recuse himself ccp 170.1 ,170.3 is

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Hello, we are asking a judge to recuse himself ccp 170.1 ,170.3
is this done in a motion ?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Yes, to ask a Judge to recuse, this is done via motion, specifically, the aptly named Motion to Recuse. Within the motion, the movant (one who files the motion) spells out why they feel that the Judge cannot be neutral and fair as described by CAL. CCP. CODE § 170.1 et seq.

The Judge may deny the emotion, but the movant may appeal the motion to the interlocutory court, which may overrule and approve the motion after all.

I hope this helps and clarifies. Best of luck.

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