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Ccp 170.6

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What is the name of your state (only U.S. law)? California

Hey guy's Quick Q. I'm reading over CCP 170.6, Can this be considered a Pre-Trial motion, The section goes over deadlines but I just wanted to double check If this can be submitted before a Plead is entered, or at the same time a plead is entered.

Thanks!

-Agent
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

Hey guy's Quick Q. I'm reading over CCP 170.6, Can this be considered a Pre-Trial motion, The section goes over deadlines but I just wanted to double check If this can be submitted before a Plead is entered, or at the same time a plead is entered.

Thanks!

-Agent
What makes you think the the judge is violation of CCP 170.6?
 
What makes you think the the judge is violation of CCP 170.6?
Wait, are you asking why I feel he is prejudice? Zinger with all do respect that's not the question :) and I'm sure you of all people know that the party just have to "Believe" he is, but if you really want to know his conviction rate is really REALLY high, I figure I would head another route this time, you would do the same too I'de hope.
 

Zigner

Senior Member, Non-Attorney
Wait, are you asking why I feel he is prejudice? Zinger with all do respect that's not the question :) and I'm sure you of all people know that the party just have to "Believe" he is, but if you really want to know his conviction rate is really REALLY high, I figure I would head another route this time, you would do the same too I'de hope.
Let me rephrase. Why do you think he's prejudiced/biased against you?
 

Zigner

Senior Member, Non-Attorney
Cause of the way he styles his hair, I believe he is biased..
Then you have no chance, based on the code section you cited. You have no evidence that he is biased, so the question of when to bring this up is moot.

Good day - I'm sure we'll hear more from you though.
 
Then you have no chance, based on the code section you cited. You have no evidence that he is biased, so the question of when to bring this up is moot.

Good day - I'm sure we'll hear more from you though.
You sure your talk chatting about CCP 170.1 for reason?

And I answered my own question CCP 170.6 is for after arraignment.
 

Zigner

Senior Member, Non-Attorney
170.6. (a) (1) A judge, court commissioner, or referee of a
superior court of the State of California shall not try a civil or
criminal action or special proceeding of any kind or character nor
hear any matter therein that involves a contested issue of law or
fact when it is established as provided in this section that the
judge or court commissioner is prejudiced against a party or attorney
or the interest of a party or attorney appearing in the action or
proceeding.
 
170.6. (a) (1) A judge, court commissioner, or referee of a
superior court of the State of California shall not try a civil or
criminal action or special proceeding of any kind or character nor
hear any matter therein that involves a contested issue of law or
fact when it is established as provided in this section that the
judge or court commissioner is prejudiced against a party or attorney
or the interest of a party or attorney appearing in the action or
proceeding.
CCP 170.6 (2) A party to, or an attorney appearing in, an action or
proceeding may establish this prejudice by an oral or written motion
without prior notice supported by affidavit or declaration under
penalty of perjury, or an oral statement under oath, that the judge,
court commissioner, or referee before whom the action or proceeding
is pending, or to whom it is assigned, is prejudiced against a party
or attorney, or the interest of the party or attorney, so that the
party or attorney cannot, or believes that he or she cannot, have a
fair and impartial trial or hearing before the judge, court
commissioner, or referee.


I believe that due to his haircut he is biased. =D
 

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