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I think my judge is biased against me. What should I do? How can I get a new judge.

San Diego, CA |
Filed under: Litigation

Would rather not give anymore details at this time. Thank you.

Attorney Answers 2

Posted

Generally speaking, no, not if you have already appeared before this judge. Normally, you could have filed a premptory challenge to the judge pursuant to Code of Civil Procedure section 170.6, but most likely the time has already expired for that.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

If you have facts to support your concern of bias, you can make a motion for the judge to be disqualified for cause under CCP 170.3 but you need to make the motion as soon as you are aware of the facts that support your claim.

If you have already appeared before the judge it is likely too late to file a peremptory challenge under CCP 170.6, as Attorney Chen pointed out. But since you have not given us any information, including whether this case is civil or criminal, we can't really tell if you might still be able to use section 170.6. It allows you to make an assertion of bias and automatically be assigned a new judge. Generally, 170.6 must be invoked within 10 days of notice of the assignment of the judge.

I am licensed only in California and this response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the exact facts of the particular situation, and by necessity this forum is not appropriate for discussion of specific, exact facts. Contact a lawyer for more specific advice. My answer to your question on AVVO does not create an attorney-client relationship.

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