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| Пн, Сен 17, 2012 11:23pm никак - 4246 d back | ↑↓ |
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подскажите ка кдать ответ судье, устала от беспредела.
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| Пн, Сен 17, 2012 11:24pm [Аноним] - 4246 d back | ↑↓ |
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сорри- * дать отвод судье???
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| Ср, Сен 19, 2012 09:15pm [Аноним] - 4244 d back | ↑↓ |
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Skazat' emu a ne poshel by on na H.J
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| Ср, Сен 19, 2012 09:38pm [Аноним] - 4244 d back | ↑↓ |
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You can get a different judge if you want. All you have to do is ask.
Fair trials require unbiased judges. The public in general, and litigants in particular, are entitled to judges free of prejudice if they are expected to have any confidence in the legal system. When a litigant doesn’t think a judge will be fair, Illinois law lets them ask for a different judge.
Changing judges is called a substitution of judge. In civil cases there are two ways to get a substitution of judge: for no reason, at the very beginning of a case, or for some good reason, once the case has begun. In either situation, you make your request by filing a written motion for substitution of judge.
You can get a different judge for no reason by asking at the very beginning of the case. That’s called “substitution as of right.” It’s an absolute right, which means you don’t have to answer any questions or explain why you want a new judge. You just have to ask.
But, you have to ask “before the judge to whom it is presented has ruled on any substantial issue in the case.” For both Plaintiffs (those doing the suing) and Defendants (those getting sued), that pretty much means the very first time you’re in court. If you wait any longer, the judge will think you’re asking for a new judge simply because you don’t like the results so far. Testing the waters, and then trying to change judicial horses in midstream, is not allowed.
Unless, or course, you have a good reason. That’s called “substitution for cause.” Once a case has begun, and a judge has made any kind of decision on a substantial issue, you have to explain why you think the judge won’t be fair. Illinois law says your request must set forth “the specific cause for substitution.”
The fact that a judge has decided against you doesn’t mean the judge is biased. It might in extreme cases, but you’d probably need something showing the judge has something personal against you, rather than your legal arguments. In the middle of a case, that evidence might be something like a judge’s rude or hostile comments.
Court cases say you have be especially specific about your reasons if you want to get rid of more than one judge. You’ll then have to spell out what it is about each judge that makes them unable to decide your case fairly.
A request for a substitution for cause gets decided by another judge—not the one you want to get rid of. Persuading one judge that another isn’t fair isn’t impossible, but it won’t be easy.
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