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

A motion to disqualify a judge in civil litigation is a legal request to have a judge removed from a case. This motion is usually made when a party believes the judge is not impartial and will not be able to render a fair decision. It is up to the judge to decide if the motion is appropriate and should be granted. In order for a motion to disqualify a judge in civil litigation to be granted, the court must find that the judge has committed a violation of the Code of Judicial Conduct which is established by the Supreme Court of Ohio. Such violations can include bias or prejudice in the courtroom, allowing an ineligible party to practice law, or not following the law. In some cases, a motion to disqualify a judge can be brought due to a conflict of interest, such as when the judge has a personal or financial interest in the case or is related to one of the parties. However, the court must find that the conflict of interest would influence the judge’s decision and result in an unfair hearing. In Ohio, motions to disqualify a judge must be filed with the court in writing and must state why the judge is being disqualified. The motion must be supported by evidence and arguments. The decision whether to accept or deny a motion to disqualify a judge ultimately belongs to the court. If granted, a new judge is appointed to take their place.

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