Peremptory Challenge - Peremptory Challenge of Judge

Peremptory Challenge of Judge

Another form of the peremptory challenge (or peremptory disqualification), available in some jurisdictions, is the right to remove a judge assigned to hear the case without showing that the judge is actually biased or had a conflict of interest. While actual determination of a judge's bias is not required to employ the peremptory challenge, the moving party must still allege bias under oath. In jurisdictions that have this form of peremptory challenge, it generally may only be used once per party per case. (See, e.g., Cal. Civ. Proc. Code ยง 170.6.)

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