What is a motion to disqualify a judge in civil litigation?

A motion to disqualify a judge in civil litigation is an official request asking the court to remove a judge from presiding over a case. In California, a motion to disqualify a judge is made on the grounds of prejudice or bias. To file such a motion, the parties must have evidence that the judge is biased in favor of one side or another. In California, a motion to disqualify a judge must be heard before a different judge. The motion must include an affidavit stating the facts and reasons for the motion. The judge may then decide to grant or deny the motion. If the motion is granted, the case must be heard by another judge. If a motion to disqualify a judge is denied, the parties may appeal the decision. However, the California Court of Appeal has held that appeals from denials of motions to disqualify judges are denied unless the motion was based on clear error in the judge’s rulings. Overall, a motion to disqualify a judge in civil litigation is an important legal tool that allows for a fair and impartial hearing in California. The motion must have grounds and must be heard before a different judge to ensure the integrity of the court system and the rights of all parties.

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