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Peremptory Challenges in Family Court

Campbell, CA |
Filed under: Family law

1. If your Judge is already a supervising judge of the court, where does your peremptory challenges go to? Do supervising judges have judges above them?

2. Can the opposing party object to peremptory challenges? Wouldn't that be like them kissing up to the Judge if they defend the Judge?

3. What is the sucess rate of these challenges? If it fails, your Judge will always remember you as the only who tried to disqualify him or her, so doesn't it hurt your case?

Attorney Answers 3


Peremptory challenges, IF THEY ARE PROPERLY FILED WITHIN THE STRICT TIME LIMITS, don't require any "defense", and can't "fail". If the judge determines that the challenge was filed on time, that's all that's required. IMPROPERLY FILED or LATE peremptory challenges almost ALWAYS are denied.

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Peremptory challenges are peremptory. That means that there is no showing required, no factual basis that must be established, no argument in support of or opposition to. The challenge is honored routinely and without comment by the receiving court, and the case is promptly reassigned to another court. Only one peremptory challenge made be made by any one party, and peremptory challenges are available only during a very brief window of time. If you have already made an appearance before your judge in this matter, it is almost certainly too late.

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If not peremptory challenge, is there any way to disqualify my Judge in middle of my case?


I agree with counsel if you have already made an appearance before your judge in this matter, it is almost certainly too late for a peremptory challenge. You may want to consult with a local attorney to discuss this issue further.

This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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