What is the process in CA state for filing a form 170.6 against a judge that violated my civil rights

Form 170.6: I would like to submit a 170.6 to sub out a judge who has been violating my civil rights. Can I submit the form to familly court? On the day of court or does it have to be submitted prior? Can it be submitted to the court clerk or does it need to be submitted to the court room that the judge presides in? What is the protocol? - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Jonathan H Levy

Jonathan H Levy Avvo Pro

Contributor Level 9
The process is set out fully in CA Code of Civil Procedure 170.6 (2):

http://law.onecle.com/california/civil-procedure/170.6.html

if this is not udnertsandbale, you should consult counsel.

There are also some time limits that vary according to where the case is at in the system however the best way to go about this is to file with the Court Clerk as soon as possible the necessary motion and declaration under the statute. I have also seen this done orally while in Court by the party stating that he/she would like the judge to disqualify themselves becuause they are prejudiced but to be on the safe side, a written motion is the best way to go and avoids any potential trouble with the judge.
0 2
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Real Estate Resources

Next question: Wills and Estates

Previous question: life estate deeds