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Where do I get a affidavit of prejudice form

Lynnwood, WA |

to change the judge at my arraignment

it looks like there isn't one. i was told to just write it myself. so what do i say?

Attorney Answers 3


  1. RCW 4.12.050
    Affidavit of prejudice.

    (1) Any party to or any attorney appearing in any action or proceeding in a superior court, may establish such prejudice by motion, supported by affidavit that the judge before whom the action is pending is prejudiced against such party or attorney, so that such party or attorney cannot, or believes that he or she cannot, have a fair and impartial trial before such judge: PROVIDED, That such motion and affidavit is filed and called to the attention of the judge before he or she shall have made any ruling whatsoever in the case, either on the motion of the party making the affidavit, or on the motion of any other party to the action, of the hearing of which the party making the affidavit has been given notice, and before the judge presiding has made any order or ruling involving discretion, but the arrangement of the calendar, the setting of an action, motion or proceeding down for hearing or trial, the arraignment of the accused in a criminal action or the fixing of bail, shall not be construed as a ruling or order involving discretion within the meaning of this proviso; and in any event, in counties where there is but one resident judge, such motion and affidavit shall be filed not later than the day on which the case is called to be set for trial: AND PROVIDED FURTHER, That notwithstanding the filing of such motion and affidavit, if the parties shall, by stipulation in writing agree, such judge may hear argument and rule upon any preliminary motions, demurrers, or other matter thereafter presented: AND PROVIDED FURTHER, That no party or attorney shall be permitted to make more than one such application in any action or proceeding under this section and RCW 4.12.040.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  2. If you are representing yourself at arraignment (and I would highly advise against this), and you wish to file an affidavit of prejudice against a particular judge, you should be able to do so orally. That particular judge can still do the arraignment (and probably will) but he or she will not do any of the future hearings on the case.

    In order to submit your affidavit of prejudice orally, you might consider saying something along these lines: "Your honor, I would respectfully submit an affidavit of prejudice at this time. I ask that future hearings in my case be heard by another judge." I would generally urge that you do this as respectfully as possible, because you are essentially telling the judge to his or her face that s/he cannot be fair.


  3. Text me your email and I'll send you a generic form. It is best to speak to an attorney before you submit an affidavit. Feel free to call.

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