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richanne96, Attorney
Category: Personal Injury Law
Satisfied Customers: 343
Experience:  Attorney in private practice in Phoenix, AZ
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What else other than the following are required to have a

Customer Question

What else other than the following are required to have a judge disqualified according to C.C.P. 170.6 (a) (2). A written motion by affidavit or declaration under penalty of perjury that the judge is prejudiced against me so that I believe that I cannot have a fair and impartial trial or hearing before the judge.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  richanne96 replied 1 year ago.
What you have stated is all that is necessary, keeping in mind the various deadlines for doing so, depending on whether this is a criminal or civil matter, and making sure that you timely serve copies of the motion and affidavit on all parties.
Customer: replied 1 year ago.
I need to appear a hearing next Monday for defendant's motion to compel but do not want to be heard by the same judge who previous made rulings in favor of defendants. I believe that I have very strong causes to have the judge disqualified. Shall I file the motion to disqualify the judge first and then file an ex-parte motion to oppose defendant's motionthe or can I file at the same time?.Which way is better?
Expert:  richanne96 replied 1 year ago.
If you have a hearing on Monday, then the time for responding in opposition to defendant's motion to compel has already passed, and ex-parte motions are almost never allowed. It would be best to file your motion to disqualify the judge as soon as possible.
Customer: replied 1 year ago.
This will be my last question. Please advise which way is bettet without consideration of the possible outcome of my motion to oppose defendant,'s motion to compel.Thank you.
Expert:  richanne96 replied 1 year ago.
Still best to file the motion to disqualify the judge by itself first.