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

A motion to disqualify a judge in civil litigation is a legal document used to request the replacement of the judge hearing the case due to personal bias or prejudice. This type of motion is typically filed when a litigant believes the judge assigned to the case may have pre-existing biases which could unfairly influence the outcome of the decision. In South Carolina, a motion to disqualify a judge can be filed at any time before, during, or after a trial. The motion must be filed in the court where the civil litigation is being heard and must include an affidavit of facts which establishes the party’s belief that the judge is biased or prejudiced. Once the motion is filed, the applicable court will review the facts and determine whether or not a new judge should be assigned to the case. The court must consider whether the facts asserted could reasonably lead to a finding of bias or prejudice. If the judge finds that there is sufficient evidence of bias or prejudice, they will order that the case be reassigned to another judge. In summary, a motion to disqualify a judge in civil litigation is a legal document used to request the replacement of a judge in a civil case due to bias or prejudice. This document may be filed at any time before, during, or after the trial and must include facts which support the litigant’s assertion of bias or prejudice. The court will review the facts and ultimately determine whether or not a new judge should be assigned to the case.

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