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How do you seek a different court or judge in a paternity…

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How do you seek a...
How do you seek a different court or judge in a paternity case if you believe the current judge is in collusion with the defendant's attorney? (Fulton County GA)
Submitted: 8 months ago.Category: Family Law
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Answered in 3 minutes by:
12/15/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

The party seeking a new judge would need to bring a motion for recusal. Here is that rule:

Rule 25.1. Motions All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be timely filed in writing and all evidence thereon shall be presented by accompanying affidavit(s) which shall fully assert the facts upon which the motion is founded. Filing and presentation to the judge shall be not later than five (5) days after the affiant first learned of the alleged grounds for disqualification, and not later than ten (10) days prior to the hearing or trial which is the subject of recusal or disqualification, unless good cause be shown for failure to meet such time requirements. In no event shall the motion be allowed to delay the trial or proceeding

An affidavit alleging the qualifying facts would need to be submitted.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

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