I had a case in family court and sent it to the supreme Court for an appeal. It was reversed and remanded back to the original family court judge. I don't believe she can be impartial or unbiased. How do I file a motion to get a new judge?
It can be very difficult to get aj udge to recuse herself. A motion to recuse is the appropriate manner in which to ask for that to happen. You would really benefit from the advice of counsel in this matter.
You file a motion to recuse stating the legal and factual basis. There has to be more of a basis than "she was reversed on appeal and I don't think she will be fair to me". It is actually very hard to have a judge removed from overseeing a case unless there is a clear reason (like knowing a party to the case from outside court). The main case in Delaware for recusal is Los v. Los. Below is a sampling of some more recent cases discussing how to apply the Los test:
You'll notice that most motions seeking to recuse judges are filed by pro se parties. That is because attorneys know that filing a motion to recuse very rarely works, and when it fails you end up having your case decided by a judge who you just publicly accused of being biased against you.
This communication is general in nature and not to be construed as legal advice or creating an attorney-client relationship. All situations are different and you should meet with and discuss your particular situation with an attorney.
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