Substitution (law): Difference between revisions

Content deleted Content added

Inline

Latest revision as of 02:51, 10 April 2021

In legal terms, the right of substitution is a statutory right of all parties except the state. It is the right to change the presiding court official with or without cause.

Judges are usually given cases randomly within a jurisdiction (unless there is only one judge in a jurisdiction, in which case they receive all cases). The right of substitution does not give a litigant the right to choose a judge, just the random selection of another judge in the jurisdiction. If the right is exercised in a jurisdiction with one judge usually a judge from a neighboring jurisdiction will take the case, although on occasion a Reserve Judge or Commissioner may be used.

Right of substitution with cause

The right of substitution, where applicable, may be exercised by criminal and juvenile defendants and all parties in a civil action. Substitution for cause can be for any bias a judge may have in the case, such as an association with a party (family, friendship or even stock ownership), having made vocal comments in the past on the topic at trial, etc.

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 sua sponte and recuse him or herself from a case before a party may even have known of the conflict of interest.

Right of substitution without cause

The right of substitution without cause is only applicable in some US States and not in the federal court system. It is uncommon outside the United States. This right may only be used once per case whereas the right of substitution for cause may be used until a neutral judge can be found.

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.

@@ Line 1: / Line 1: @@
 {{Refimprove|date=April 2008}}
-In legal terms, the '''Right of Substitution''' is a [[statutory]] right of all parties except the [[State (law)|State]].  It is the right to change the [[judge|presiding court official]] with or without [[Bias|cause]].
+In legal terms, the '''right of substitution''' is a [[statutory]] right of all parties except the [[Sovereign state|state]].  It is the right to change the [[judge|presiding court official]] with or without [[Bias|cause]].
-Judges are usually given cases randomly within a [[jurisdiction]] (unless there is only one judge in a jurisdiction, in which case they receive all cases).  The Right of Substitution does not give a [[litigant]] the right to choose a judge, just the random selection of another judge in the jurisdiction.  If the right is exercised in a jurisdiction with one judge usually a judge from a neighboring jurisdiction will take the case, although on occasion a [[Reserve Judge]] or [[Commissioner]] may be used.
+Judges are usually given cases randomly within a [[jurisdiction]] (unless there is only one judge in a jurisdiction, in which case they receive all cases).  The right of substitution does not give a [[litigant]] the right to choose a judge, just the random selection of another judge in the jurisdiction.  If the right is exercised in a jurisdiction with one judge usually a judge from a neighboring jurisdiction will take the case, although on occasion a [[Reserve Judge]] or [[Commissioner]] may be used.
-==Right of Substitution with Cause==
+==Right of substitution with cause==
+{{Main|Judicial disqualification}}
+The right of substitution, where applicable, may be exercised by [[Criminal law|criminal]] and [[juvenile (law)|juvenile]] [[defendants]] and all parties in a [[civil action]].  Substitution for cause can be for any bias a judge may have in the case, such as an association with a party (family, friendship or even stock ownership), having made vocal comments in the past on the topic at trial, etc.
+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 [[Waiver|waived]], often 30–60 days.
-The Right of Substitution, where applicable, may be exercised by [[Criminal law|criminal]] and [[juvenile (law)|juvenile]] [[defendants]] and all parties in a [[civil action]].  Substitution for cause can be for any bias a judge may have in the case, such as an association with a party (family, friendship or even stock ownership), having made vocal comments in the past on the topic at trial, etc.  See [[Recusal]].
+This right rarely must be exercised by parties, as judges will usually raise the bias {{lang|la|[[sua sponte]]}} and [[recuse]] him or herself from a case before a party may even have known of the [[conflict of interest]].
-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 [[Waiver|waived]], often 30-60 days.
+==Right of substitution without cause==
-This right rarely must be exercised by parties as judges will usually raise the bias [[sua sponte]] and [[Recusal|recuse]] themself from a case before a party may even have known of the [[conflict of interest]].
+The right of substitution without cause is only applicable in some US States and not in the [[United States federal courts|federal court system]].  It is uncommon outside the United States.  This right may only be used once per case whereas the right of substitution for cause may be used until a neutral judge can be found.
-==Right of Substitution without Cause==
+Substitution without cause must be [[Motion (legal)|moved for]] prior to the first order by a judge.  It can therefore be moved for in [[Civil procedure|civil court]] after [[complaint]]s and [[answer (law)|answer]]s have been filed but prior to the first order, often a scheduling order for [[discovery (law)|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.
-The Right of Substitution without cause is only applicable in some US States and not in the [[United States federal courts|Federal Court System]].  It is not common outside the [[United States]].  This right may only be used once per case whereas the right of substitution for cause may be used until a neutral judge can be found.
-Substitution without cause must be [[Motion (legal)|moved for]] prior to the first order by a judge.  It can therefore be moved for in [[Civil procedure|civil court]] after [[complaint]]s and [[answer]]s have been filed but prior to the first order, often a scheduling order for [[discovery (law)|discovery]] [[Civil procedure|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==
+{{Refbegin}}
+* {{cite web |url= https://docs.legis.wisconsin.gov/statutes/statutes/801/58 |title=Wisconsin Statutes 801.58 – Substitution of judge |author=Wisconsin Legislature |work=docs.legis.wisconsin.gov |date=August 1, 2012 |accessdate=September 3, 2012}}
-Wis. Stat. sec. 971.20ugdhgtu dgfsrgug gtgg kfdugu tgguu gguyg gfuk
+* {{cite web |url= https://docs.legis.wisconsin.gov/statutes/statutes/971/20 |title=Wisconsin Statutes 971.20 – Substitution of judge |author=Wisconsin Legislature |work=docs.legis.wisconsin.gov |date=August 1, 2012 |accessdate=September 3, 2012}}
+{{Refend}}
 [[Category:Legal procedure]]
+{{Use mdy dates|date=September 2012}}