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Is Requesting a New Judge Possible?

I don’t like the judge. Can I request a new judge?

Yes requesting new judge is possible. But it comes down to the question: Has the judge done or said something that makes it clear he or she cannot be fair to you during your hearing or trial? Just know requesting a new judge cannot be based on the fact that the judge has ruled against you on a legal matter. That will not be enough to file a motion for a new judge.

If the judge appointed for your trail or hearing has said or done something that indicates he or she will not be fair to you during the process, your lawyer can file a motion to disqualify or recuse the judge. The motion must be in writing and has to be filed within 10 days of you becoming aware of the problem. The motion must be promptly submitted to the trail court so the motion can be ruled over immediately. Your lawyer can file a motion also if the the judge is related to anyone involved.

The motion must contain the allege facts and reasons to disqualify or recuse the judge. And you must swear to the facts alleged in the motion by signing the motion under oath or by a separate affidavit.

The judge may not comment on the motion in response. Instead, the judge must simply grant it or deny the motion. If the motion is granted, then a new judge will be randomly assigned to your case. If the judge denies your motion, that judge will continue to preside over your case.

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