Substitution (law)
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In legal terms, the right of substitution is a
Judges are usually given cases randomly within a
Right of substitution with cause
The right of substitution, where applicable, may be exercised by
The right of substitution with cause does not have a limitation on the number of times it may be called for, such that parties may exercise the right until they find a neutral judge. Substitution with cause may be moved for at any time after a party realizes a bias exists. However many jurisdictions require the right be exercised within a certain time after the bias has been discovered by a party or else the right will be waived, often 30–60 days.
This right rarely must be exercised by parties, as judges will usually raise the bias
Right of substitution without cause
The right of substitution without cause is only applicable in some US States and not in the
Substitution without cause must be moved for prior to the first order by a judge. It can therefore be moved for in civil court after complaints and answers have been filed but prior to the first order, often a scheduling order for discovery procedure. In criminal or juvenile courts the right may be exercised after arraignment or indictment but before a preliminary hearing. Sometimes the motion must be made a certain number of days before the "prelim" or scheduling order is held.
References
- Wisconsin Legislature (August 1, 2012). "Wisconsin Statutes 801.58 – Substitution of judge". docs.legis.wisconsin.gov. Retrieved September 3, 2012.
- Wisconsin Legislature (August 1, 2012). "Wisconsin Statutes 971.20 – Substitution of judge". docs.legis.wisconsin.gov. Retrieved September 3, 2012.