Wednesday, 16 July 2014

Two motions rejected - two new motions filed

The judge rejected my two motions. One for document disclosure and the other for 'recusal'. For those who do know, you have the right to ask that the judge assigned to your case be removed and another judge put in her/his place.

In the United States, the term "recusal" is used most often with respect to court proceedings. Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, " The same section also provides that a judge is disqualified "where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding".  (source: wikipedia) I couldn't find the relevant legislation in Ontario on-line so I will pay another visit to the Bora Laskin Law Library sometime next week and post that information.

In Ontario, the correct forms for filing a recusal motion is Form 14 and Form 14A (an affidavit in which you provide details and reasons for your motion).

The Court's Advice Lawyer (free) advised me yesterday that the motion for recusal should be filed with the Superior Court of Ontario, Family Court Division so that the (Ontario Court of Justice) judge I am asking to excuse themselves is not the same judge who is ruling on the motion to excuse the judge (themselves).

So many forms, so many laws, so much 'lawyerese'.... think I need a coffee.. then off to visit the House of Broken Loves, Document Filing Window #2.

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