What is the deadline to file a Motion to Disqualify Opposing Counsel in California?

Asked about 2 years ago - Los Angeles, CA

I'm looking to see if it must be filed within 30 days of the trial date, 60 days, 90 days, or is there no deadline. Thanks!

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    Answered . There isn't a set deadline, but I would have to wonder why you would be making such a disqualification motion so close to trial.

    Under Code of Civil Procedure section 128(5), the Court has the power to control in furtherance of justice, the conduct of its ministerial officers. This permits the Court to issue an order that disqualifies an attorney from representing a party. (Henriksen v. Great Am. Sav. & Loan (1992) 11 Cal. App. 4th 109, 113.)

    http://www.avvo.com/legal-guides/ugc/litigation...

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. James Michael Slominski

    Contributor Level 14

    1

    Lawyer agrees

    Answered . While I cannot give you legal advice in this forum, I am unaware of any specific deadline. However, you should move promptly after discovering the grounds for disqualification. If you unreasonably delay, the court may view it as a litigation tactic and could choose to deny the motion.

    THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL... more
  3. A Melissa Johnson

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I agree with Mr. Chen's answer. The court would probably look at a number of factors including the reasonableness of your motion, timing of you discovering facts causing you to bring such a motion, prejudice involved, and whether your request is legitimate.

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