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28 U.S.C. § 47 — Disqualification of trial judge to hear appeal
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 19 words · no verdicts yet
in plain englishAI-generated · not legal advice
A judge cannot hear an appeal of a case that judge already decided. This applies to any case or issue the judge tried. The rule stops the same judge from reviewing their own decision on appeal.
This is a one-sentence rule. No judge may hear or decide an appeal from a case or issue that judge already tried. In other words, if a judge decided a case at trial, that same judge cannot later sit on the appeal of that same case.
the actual law source: uscode.house.gov ↗public domain
No judge shall hear or determine an appeal from the decision of a case or issue tried by him.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 872.)
history & why it existsrecord from the source credit
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 872
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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