Substitute Judge For Bias

Summary

Brief Summary: To draft a motion to substitute a judge for cause, include your name, case number, and the judges name. Detail specific incidents of bias, such as ignoring evidence and setting unreasonable hearing dates. Cite relevant child support statutes like 750 ILCS 5/503, emphasizing the judges failure to prioritize the childrens best interests. Mention any procedural errors, such as the improper use of a motion to dismiss against a motion to reconsider. Consult a local attorney for personalized advice.

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Can you help me or show me an example of how what I exactly incorporate into my motion to substitute the child support judge for cause along with her bias behavior and not prioritizing the children’s best interest The motion to dismiss she gave the opposing party a four month out date for a hearing knowing that a motion to re-c
Hello Alisa, drafting a motion to recuse a judge can be complex and depends on your jurisdiction. Here are some general guidelines:
*. State your name, case number, and the judge's name.
*. Explain your reason for the motion. Include specific incidents of alleged bias.
*. Request a different judge to hear your case.
Check your local court rules for any specific requirements. It might be best to consult a lawyer in your location for personalized advice.
How do I incorporate simply into my motion the fact that she stated that there are rules and laws that need to be followed but yet she is not following the rules and laws by setting out four month hearing dates for motion to dismiss against a motion to reconsider knowing a motion to dismiss our pleadings
To incorporate this, you could include a section in your motion detailing the judge's actions. For example:
*. Mention the judge's statement on following rules and laws.
*. Clearly describe how she's not adhering to these rules by extending hearing dates.
*. Provide any evidence, if available.
Remember, this information is general advice and may vary based on your jurisdiction.
I have the orders of her rulings The judge has the overwhelming documented evidence I have provided to her court room that have not been looked at As she allowed the opposing party to strike my Xzibit’s that hard documented evidence she also allow them to impound my exhibit with overwhelming documented evidence
In your motion, include:
*. The specific instances where the judge ignored the evidence.
*. Mention the rejection and impounding of your exhibits.
*. Document the bias in allowing the opposing party to strike evidence.
Remember, this is general advice and may vary based on your jurisdiction.
Is a child support in Chicago Illinois cook county who is supposed to make her rulings based on actual documented evidence such as bank statements Grant the opposing party to impound exhibit with evidence
In Cook County, Illinois, judges have discretion to make rulings based on:
*. The relevance of the evidence.
*. The credibility of the evidence.
*. The best interests of the child.
If the judge believes that the evidence is not relevant or credible, they may disregard it or allow the opposing party to impound it. It's crucial to consult with a local attorney for personalized advice.
The judge did not even look at the evidence that were in the exhibit electronically uploaded as she did state that she does not have time to go through exhibits that’s the reason I personally delivered copies of the documented evidence to her court room But she still has not looked at that evidence provided to her
In your motion, include:
*. The judge's refusal to look at the electronic and physical evidence.
*. The judge's statement about not having time to review exhibits.
*. Any negative impact on your case due to this.
Remember, this is general advice and may vary based on your jurisdiction. Consult with a local attorney for specific advice.
Can I also cite child support statute laws in my motion to substitute the judge for costs as this judge is not prioritizing the children’s best interest or needs or physical psychological or mental well-being
Yes, you can cite relevant child support statute laws in your motion. In Illinois, the best interests of the child are paramount, under * ILCS */*. Judges must consider children's physical, mental, and emotional needs. Mention these statutes and how the judge's actions contradict them. Always consult with a local attorney for personalized advice.
It’s also concerning that this child support judge would even provide a four month out hearing date to the opposing party for their motion to dismiss my motion to reconsider Especially since a motion to dismiss cannot be used against a motion to reconsider as it isn’t a pleading and this is not in the best interest of the children this is just prolonging further suffering for three children
In your motion, do include:
*. The judge's decision to set a far-off hearing date.
*. Clarify that a motion to dismiss cannot be used against a motion to reconsider.
*. Explain how this delay is not in the children's best interest.
Please consult a local attorney for the best advice.
Can you show me an example of how I would simply incorporate this into my motion
Sure, here's an example:
"I, Alisa, am seeking to substitute the presiding judge for cause. I believe the judge has demonstrated bias by prioritizing procedural rules over the best interests of the children involved. This includes giving a four-month hearing date for a Motion to Dismiss against a Motion to Reconsider, which is not a pleading. This delay is causing undue hardship for the children. Additionally, the judge has failed to review crucial evidence I've submitted, suggesting bias. These actions are contrary to our local child support statutes, specifically * ILCS */*, which states the children's needs should be paramount."
Remember, this is general advice. Please consult a local attorney for personalized advice.
How would I states at the end of my motion to substitute a judge for cause that these are the reasons to substitute this judge It’s clearly evident that these judges rulings will not be fair and are not in the best interest of the children involved who are directly impacted by her rulings
At the end of your motion, you could state: "Based on these demonstrated instances of bias, disregard of evidence, and failure to prioritize the best interests of the children as required by * ILCS */*, it is clear that this judge's rulings will not be fair. Therefore, we request a substitute judge to ensure a fair process." Always consult a local attorney.
If my motion to substitute this judge gets excepted and I get a new judge will the new judge expedite this case
If your motion to substitute the judge is accepted, the new judge could potentially expedite the case. However, this depends on their discretion, their understanding of the case urgency, and their workload. Please consult with a local attorney for personalized advice.
How do I simply incorporate into this motion that I filed the motion to reconsider within that time frame for which my hearing that was set was stricken the motion to reconsider was not stricken but the hearing was stricken as the opposing parties attorney appeared before the judge two days prior to the hearing and ask the judge to strike my hearing which the judge did
To incorporate this information, you can include a section titled "Timely Filing" stating you filed the motion to reconsider within the prescribed time frame. Mention the hearing was stricken due to the opposing party's attorney's request. Could you please provide your location to give a more accurate response?
Chicago Illinois cook county
To incorporate this in your motion, you should:
- Add a section titled "Timely Filing"
- State that you filed the motion within the required time frame
- Mention that the hearing was stricken due to the opposing attorney's request
Cook County Circuit Court can provide more specific advice.
Can you help me or show me an example what I should right after motion for substitution of judge for cars now comes the petitioner appearing pro se and respectfully moves this honorable court for a substitution of judge for cars pursuant to 735ILCS5/*–*
Sure, here's an example of how you might continue:
"...in accordance with * ILCS */*-*(a)(*)(ii), following the 'Timely Filing' of the motion to reconsider. It is to be noted that the hearing for the same was stricken upon the opposing counsel's request, without affecting the status of the motion to reconsider."
Show me an example What I should right after the title of the motion
Sure, after the title of the motion you could write something like this:
"Now comes the Petitioner, appearing pro se, and respectfully moves this honorable Court for a Substitution of Judge for cause, pursuant to * ILCS */*-*(a)(*)(ii) on the following grounds..."
Then list your reasons for the motion.
Where do I incorporate the name of the judge after that
After stating the grounds for substitution, you can write: "It is respectfully submitted that Judge [Judge's Name], currently presiding over the case, be substituted for cause due to the reasons listed above." Please consult with a legal professional for accuracy.
Can you show me an example of a better way to phrase it with her name after I State for grounds and then listing the reasons
Sure, here's an example: "Now comes the Petitioner, appearing pro se, and respectfully requests this honorable Court to substitute Judge [Judge's Name] for cause, pursuant to * ILCS */*-*(a)(*)(ii), on the following grounds..." Then list your reasons.
Can you show me an example how to list my reasons after the title
Sure, here's how you could list your reasons:
"Now comes the Petitioner, appearing pro se, and respectfully requests this honorable Court to substitute Judge [Judge's Name] for cause, pursuant to * ILCS */*-*(a)(*)(ii), on the following grounds:
*. Ground one...
*. Ground two...
*. Ground three...
Each ground should be a separate reason for why you believe the Judge should be substituted."
So for example if my reasons are that the judge made her ruling based on false information, i filed a motion to re-consider back up with overwhelming documented evidence within the timeframe of the ruling , The hearing for the motion to reconsider was stricken at the request of the respondents attorney two days prior, The three children involved in this case have not and are not being prioritized as the judge set a four month out hearing date for June *, * for The respondents motion to dismiss the motion to reconsider
Sure, you can phrase your reasons as follows:
*. The ruling was based on false information.
*. A motion to reconsider was filed backed with overwhelming documented evidence within the ruling's timeframe.
*. The hearing for reconsideration was stricken at the respondent's attorney's request.
*. The involved children have not been prioritized, evident by the four-month-out hearing date set for the respondent's motion to dismiss the reconsideration.
Can you please incorporate into that A motion to dismiss cannot be used against a motion to re-consider as it is not a pleading over whelming documented evidence directly proving that the respondent through his attorney committed perjury, fraud, third party interference intentional infliction of Financial emotional psychological and mental distress on the three children who have been suffering since July *, * personally delivered to The judges court room before our status hearing that was set for February *, * that have not been looked at
Sure, you can add the following:
*. A motion to dismiss, not being a pleading, cannot be used against a motion to reconsider. Overwhelming documented evidence was personally delivered to the court proving the respondent's attorney committed perjury, fraud, third-party interference, and intentionally inflicted financial, emotional, psychological, and mental distress on the children since July *, *, which remains unaddressed.
Simply explain Why a motion to dismiss cannot be used against a motion to reconsider
A motion to dismiss cannot be used against a motion to reconsider because:
- A motion to dismiss targets pleadings, not motions.
- A motion to reconsider is a request to the court to reexamine its ruling, not a pleading.
- Therefore, a motion to dismiss is not applicable to a motion to reconsider.
Can you explain it in a different way
Sure, a motion to dismiss is typically used to challenge the legal sufficiency of a pleading, such as a complaint or answer. However, a motion to reconsider is not a pleading, but a request for the court to review a decision it has made. Thus, a motion to dismiss doesn't apply to a motion to reconsider.
How would I state or phrase yes the respondents attorney filed a motion to dismiss the motion to re-consider and was given a four month ouch hearing date set for June *, * when a motion to dismiss cannot be used against a motion to reconsider Which is concerning for the fact that child support court is supposed to prioritize the best interest of the children
You could phrase it as follows: "Despite the fact that a motion to dismiss is not applicable to a motion to reconsider, the respondent's attorney filed a motion to dismiss my motion to reconsider. This resulted in a hearing date set four months out, for June *, *. This is concerning, as the child support court's mandate is to prioritize the best interest of the children."
Can you please incorporate it into what you have already wrote
Sure, let's put it together:
"Now comes the Petitioner, appearing pro se, and respectfully requests this honorable Court to substitute Judge [Judge's Name] for cause, pursuant to * ILCS */*-*(a)(*)(ii), on the following grounds:
*. The ruling was based on false information.
*. A motion to reconsider was filed, backed with overwhelming documented evidence within the ruling's timeframe.
*. The hearing for reconsideration was stricken at the respondent's attorney's request.
*. The involved children have not been prioritized, evidenced by the four-month-out hearing date for the respondent's motion to dismiss the reconsideration.
*. Despite the fact that a motion to dismiss is not applicable to a motion to reconsider, the respondent's attorney filed a motion to dismiss my motion to reconsider, resulting in a hearing date set four months out for June *, *. This is concerning, as the child support court's mandate is to prioritize the best interest of the children.
*. Overwhelming documented evidence was personally delivered to the court proving the respondent's attorney committed perjury, fraud, third-party interference, and intentionally inflicted financial, emotional, psychological, and mental distress on the children since July *,
In number one should I include the dates of the judges ruling based on false information
Yes, including specific dates can help establish a clear timeline for your case. You may write: "*. The ruling was based on false information, specifically on [date]." Please consult with a legal professional for accuracy.
Can you incorporate into this statement why a motion to dismiss cannot be used against emotion to re-consider it’s concerning that it was even given a hearing date A motion to dismiss my motion to reconsider was filed by the respondents attorney on January *, * which was given a four month out hearing date set for June *, *
Sure, you could say: "Despite the fact that a motion to dismiss targets pleadings and not motions like a motion to reconsider, the respondent's attorney filed a motion to dismiss my motion to reconsider on January *, *. It's concerning that this motion was even given a hearing date, set four months out for June *, *."