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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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All of the Judges recused a lawsuit that was filed Pro se.

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All of the Judges recused a lawsuit that was filed Pro se. Is there a time frame or a deadline in which the case is to be taken and who takes it?

RayAnswers :

Thanks for your question and good evening.My sympathy here for your situation and dilemma.

RayAnswers :

The cheif judge or judicial administrator should set this.There is no time frame but you can certainly write the court here asking for a hearing setting. In your case here when all judges in a county have been recused it would then be up to the chief judge or judicial administrator to get a judge to come in from another county to hear the case or to activate a retired judge to hear it ad hoc . For convenience, the court can also move the case to a neighboring county to be heard. These are the legal avenues when all judges in one county have been recused from a particular case.

RayAnswers :

I would contact the court in writing and ask who is to be assigned to hear the case and when to expect it to be set.IT doesn't hurt here to be proactive and make sure it has not been lost in the system.

Customer:

Ok. what exactly does the hearing setting do?

RayAnswers :

The court here would set the matter at an assigned date and time giving everybody notice by a setting order.That way you can prepare and bring any witnesses and evidence you want to have considered.

RayAnswers :

The setting order is filed in the courts file and everybody thats a party here or their lawyer receives copies.

RayAnswers :

This is required to give the parties due notice and a right to be heard here.

Customer:

ok thank you

RayAnswers :

And you will hopefully get a fair hearing by a neutral judge.Good luck here and thanks for letting me help you tonight.

RayAnswers :

I wish you the best in court.

Customer:

we have already requested a jury trial, the Defendant has answered the complaint, and we have responded to the defendants motions

Customer:

now we are waiting im assuming for a judge to take the case unless we missed something else

RayAnswers :

Then it may take a bit to work in a jury trial.The court staff would need to get a jury pool from which the parties would then pick a jury.But certainly you can follow up to make sure you haven't been forgotten.

RayAnswers :

Having a jury should get you a true neutral forum to hear this matter.

Customer:

thank you

RayAnswers :

You are so welcome.

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