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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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If a judge in a Federal Civil Right and Discrimination Case

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If a judge in a Federal Civil Right and Discrimination Case fails to recuse themselves and the defendants discovers evidence later to proof that the judge is in conflict of interest. How long after the initial case was heard doses the defendant have to appeal the case.

Thank you for your question.

Did the Defendant file a Recusal Motion during the trial? How long ago was the judgment issued?
Customer: replied 3 years ago.

Yes a recusal motion was filed durning the trial. And the judge reviewed the motion. It was a trial by jury in 2003

Customer: replied 3 years ago.

The defendant file recusal motion during the trial and the judge review the motion. It was a trial by jury in 2003

Thank you for your reply.

It would be far to late to try an appeal. An appeal must be filed within 28 days after the judgment is issued.

A motion for new trial based on newly discovered evidence must be brought within 3 years under Rule 33.

Your only chance would be to seek relief from the judgment under Federal Rule 60. This motion for relief must be filed within a "reasonable time", which means if you recently discovered the evidence for recusal, then you must do so relatively soon.

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