ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

28 U.S.C. § 144Bias or prejudice of judge

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 144 words · no verdicts yet

in plain englishAI-generated · not legal advice

A party in a federal district court case can file a sworn statement saying the judge is biased. If the statement is timely and proper, that judge must step aside for another judge. The statement must give facts and reasons, be filed on time, and come with a lawyer's certificate of good faith.

This section lets a party in a federal district court case remove a judge they believe is biased. A party must file a "timely and sufficient affidavit" — a sworn written statement filed on time and meeting the law's requirements. It must say the judge handling the case is personally biased or prejudiced, either against that party or in favor of the other side. Once a proper affidavit is filed, the judge named in it "shall proceed no further" in the case. That means the judge must stop handling the matter, and a different judge must be assigned to hear it instead. The affidavit must state the specific facts and reasons behind the belief that bias exists — a bare claim of bias is not enough. It must be filed at least ten days before the term of court in which the case will be heard begins. If a party misses that deadline, they must show "good cause," meaning a good reason for the late filing. A party may file only one such affidavit in any single case. The affidavit must be accompanied by a certificate from the party's lawyer of record, stating that the affidavit is made in good faith and not just to delay the case or remove a judge for improper reasons.
the actual law source: uscode.house.gov ↗public domain

Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.

The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, § 65, 63 Stat. 99.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 898
  • 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 99

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case