Judge Substitution Motion Process

Summary

To file a Motion for Substitution of Judge in Illinois, draft a motion stating your reasons, file it at the court clerks office, serve a copy to all parties, and schedule a hearing. The motion should be filed in the existing case, and although it initially goes to the current judge, it will be reassigned. If granted, a different judge within the same court system will handle the case. If you believe the judges actions are biased, you can file a complaint with the Illinois Judicial Inquiry Board. Consult your attorney for precise guidance and timelines.

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I filed a motion to reconsider two months ago and the judge is just prolonging this case as she is granting the Baseless motions to opposing party are filing what can I do I’ve provided overwhelming documented evidence to her quart room and nothing is happening to opposing parties attorney is not even showing up for rule to show cars
Hello Alisa, I'm sorry to hear about your situation. May I know where this is taking place for me to provide accurate information?
Chicago Illinois county
Hello Alisa,
In Illinois, you may consider:
- Filing an appeal if the judge's decision seems unfair
- Seeking a new judge through a motion for substitution
- Consulting with a legal aid service for additional guidance
Please consult with your attorney about these options.
How do I file a motion for a judge substitution
To file a Motion for Substitution of Judge in Illinois:
- Draft a motion stating your reasons for the change
- File it at the court clerk's office
- Serve a copy to all parties involved
- Schedule a hearing
Please consult with an attorney for detailed guidance.
So what I file a hearing with the same judge I want to change
No, the hearing for a motion for substitution of judge should not be before the same judge you're seeking to replace. It will be heard by a different judge in the same court. Please consult with your attorney for further guidance.
So when I file the motion for judge substitution do I file it into my existing child support case cause that will go to her or do I file it as a new case
You should file the motion for judge substitution in your existing child support case. The case will not automatically go to the current judge, but will be assigned to a different one for hearing the motion. Please consult your attorney for precise guidance.
I am saying whenever I file into my existing case it goes to the same judge that I want to replace
In Illinois, the motion for substitution of judge should be filed in the same case. Although it feels counterintuitive, the judge you're seeking to change should be the one to initially receive it. The case should then be reassigned. Always consult your attorney for the best advice.
I mean a judge should be well aware that a motion to dismiss cannot be used or filed against a motion to reconsider
Indeed, judges should be aware of these procedures. If you believe there's a mistake, you may consider discussing this matter with a legal expert. Would you like information on how to seek legal help in Chicago, Illinois?
That’s why my motion to reconsider has been dragging on for two months as the opposing parties attorney continues filing this baseless motion that the judge is it entertaining and giving them court hearing dates
I understand your frustration, Alisa. It sounds like a complex situation. You may want to consider consulting with a legal expert or an attorney who specializes in child support cases in Chicago, Illinois. They can provide specific advice on how to handle this.
Today I had my hearing for my petition I signed for the opposing party to show rules of cause The opposing parties attorney did not even show up and the judge told me that I complain too much but yet when the opposing judge showed up without my knowledge two days before my motion to reconsider hearing she had it Stricken
I'm sorry to hear about your experience, Alisa. If you believe the judge's actions were inappropriate or biased, you can file a complaint with the Illinois Judicial Inquiry Board. Also, it may be time to consult a legal expert or attorney for strategies to manage this situation.
I’m just trying to figure out is a child support judge supposed to entertain the opposing party knowing that a motion to dismiss cannot be used against a motion to reconsider
In Illinois, a judge generally should only entertain motions that are procedurally correct. If a motion to dismiss is filed against a motion to reconsider, it may be an incorrect procedure. Consult a legal expert for your specific case.
And what would I stay in my motion to substitute to judge I want to say that I don’t feel like this judge is paying attention to my case as I have provided overwhelming documented evidence that has not been looked at I filed my motion to reconsider two months ago and it’s dragging on because the opposing party is filing baseless motions such as motion to dismiss that it cannot be used against a motion to reconsider the non-custodial parent is getting away with hiding incoming receives under the table hiding assets
In your Motion for Substitution of Judge, you can state:
- Your belief that the judge is not adequately addressing your case
- Your feeling of bias due to the judge's actions
- Your concern about the opposing party's actions being entertained
Remember this should be factual and respectful. Consult your attorney for exact phrasing.
Will I get another cook county judge
Yes, if a Motion for Substitution of Judge is granted in Cook County, Illinois, your case will be assigned to a different judge within the same court system. Please consult your attorney for specific details.
Is a judge supposed to be telling me that I complain too much for filing my motion wanting the truth to come out
A judge should maintain a professional and respectful manner during proceedings. If you feel the judge's comments were inappropriate or biased, you can file a complaint with the Illinois Judicial Inquiry Board. It would be beneficial to consult with an attorney in your area to discuss this matter further.
What does biased mean exactly
Bias refers to a preconceived opinion or a prejudiced outlook that may result in unfair judgments. In a legal context, it means the judge might favor one party over another without considering the evidence equally.
But how am I going to be able to file a motion for substitution of the judge what I have already filed my motion for contempt and my motion to expedite the proceedings plus a motion for sanctions against opposing parties attorney
In Illinois, you can file a Motion for Substitution of Judge even if you have other motions pending. The court will manage these motions separately. Please consult with your attorney for the correct procedure.
So how long would it take for example if I would file my motion for a judge substitution today and it gets excepted tomorrow
The timeline for a motion for substitution of judge varies. In Illinois, after submitting, the court typically schedules a hearing within a few weeks. If accepted, reassignment may take additional days or weeks. Always consult your lawyer for accurate timelines.
If the non-custodial parent is hiding money he receives under the table and his assets under his girlfriends name how do I report that if the judge is not paying attention to me
In Illinois, you can:
- Report suspected fraud to the Illinois Department of Human Services.
- Gather evidence of hidden income or assets and present it at a child support hearing.
- Consult with your attorney on how to address this issue before the court.
Remember to consult with your attorney for best advice.