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The Judge Recused Himself Due To Bias
Can we still rely upon the order after Judge's recusal due to bias against defender?
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No best answer has yet been selected by vichu. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.long story short, the judge recused himself because he googled the defender, then admitted his (judge) wrong doing, adjorned for few hours then recused himself from the case, but the case is not finished yet. Over a year later, which is on early March this year, the claimant continued the case by using that recusal judge's order and claimant won the point for now, the question is the defender mentioned the recusal judge's order can't be relied upon, but the new judge seemed ignored the defender. The defender now want to appeal. how much winning chance for the defender?
My question is can the claimant used the order issued by the judge who recused himself to win the case point? Obviously, they can since the new judge didn't say no or rather ignored defender's (party litigant) argue. Now the party litigant want to appeal , what is the chance he can won the appeal? I can't find any legal reference for ''can we still reply upon the order issued by the judge who recused himself?''
I think this is - - if one point wins does the case go with it ?
and the short answer is no
or - - if one point fails, does the whole case go down - no as well
does a recusal stop everything - no. I think the case goes on with another judge
is the order the recusal itself ? - that is are you arguing about whether he has recused himself or ought to have, then I dont think you can - argue about it. He is recused and it stays that way
if the order is a whole lot of directions on the case ( say 1,2,3,4) and then he says 5) I'm off!
I dont think you an use 5 to say that 1,2,3,4 do NOT apply
er run out of possibilities
oh, did he say, 1)case dismissed) I am recusing myself
then I think you have to look at the terms of the order as you can usually start again
and the short answer is no
or - - if one point fails, does the whole case go down - no as well
does a recusal stop everything - no. I think the case goes on with another judge
is the order the recusal itself ? - that is are you arguing about whether he has recused himself or ought to have, then I dont think you can - argue about it. He is recused and it stays that way
if the order is a whole lot of directions on the case ( say 1,2,3,4) and then he says 5) I'm off!
I dont think you an use 5 to say that 1,2,3,4 do NOT apply
er run out of possibilities
oh, did he say, 1)case dismissed) I am recusing myself
then I think you have to look at the terms of the order as you can usually start again
Hi vishu
Courts dont sit on Saturday
OK re read everything - in short Claimant claims. Defends turns up and defends. Judge recuses. Case goes forward and judgement is given.
It is against the defendant. The defendant wants to appeal
if it is a small claim - then only on a point of law.
Does your script disclose or show a point of law - er no, I dont think it does so far to he honest. With more details people may change their mind.
In short - is a recusal a grounds for appeal? no I think it is designed to PREVENT a ground for appeal
Courts dont sit on Saturday
OK re read everything - in short Claimant claims. Defends turns up and defends. Judge recuses. Case goes forward and judgement is given.
It is against the defendant. The defendant wants to appeal
if it is a small claim - then only on a point of law.
Does your script disclose or show a point of law - er no, I dont think it does so far to he honest. With more details people may change their mind.
In short - is a recusal a grounds for appeal? no I think it is designed to PREVENT a ground for appeal
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