Question

  05/23/12, 4:04 pm
how or what method do i use to ask for a new judge on my case
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United States   |   California  |  Criminal Law
Cost: Free

Answer

Darrell York Says:

May 25,2012 9:54 AM

In California you can get a new judge by filing a preemptory challenge to the judge pursuant to California Code of Civil Procedure 170.6. However, you must file that challenge within a few days of when the case was assigned to that judge and that is known as the 5 day/10 day rule. If you already appeared before the judge and did not file the challenge then you may be stuck with him/her. You can also try and have the judge removed for "cause" but that is much more difficult. You need to consult with your attorney and if you don't have one you had better obtain the services of one, either public defender or private counsel.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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