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In California, can I request a permanent judge for a UD case instead of the temporary ones assigned?

Sacramento, CA |

I want a jury trial AND a permanent judge to hear my UD case since it is a bit complicated and the temp judges tend to not know what they are doing. My questions are can I do this and how do I do it?

Attorney Answers 3

  1. Best answer

    Ask for a judge in writing now and post jury fees now. If you wait too long you could lose your right to a jury trial. If you do not have the money ask for a fee waiver form. Don't delay.

    My offices does represent people from Avvo if they contact me but only in the Los Angeles, Orange, Ventura, San Bernardino and Riverside County in Southern California. The answers I give here are not meant to create an attorney client relationship. When accepting clients I conduct interviews face to face and they often take 30 minutes or more. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is often best and I d0 limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.

  2. You could object to the judge if you feel he's not competent. The best bet would be to hire an attorney if you don't already have one. If you do, ask him this question.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

  3. If the time limits of 10 days after assignment of the case has not passed, you can file a peremptory challenge under Code of Civil Procedure 170.6. Such a form is available online under the California Superior Court website under forms.

    If the ten day time limit has passed, you can still make such a request, but your chances of having it granted are less, especially if you already stipulated to a commissioner or temporary judge to hear the case.