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Divorce Lawyers New York - Orders Regarding Change of Venue or Recusal

Orders Regarding Change of Venue or Recusal

Prior to there being any substantial rulings on any issue involved in the case, a party may bring a motion for substitution of judge. This can be done through a petition for change of venue, if it is timely filed. If successful, the presiding judge will transfer the case to another judge other than the one it was originally assigned to.

A judge can also be changed for cause. The requirements for changing a judge for cause are much more stringent. One must show that the judge should be disqualified for a reason; not just the fact that you want to be before another judge for your particular case.

If a judge has already ruled on issues or heard significant information about the case, the judge may refuse to grant a motion for a change of venue. Some courts keep track of how many times a change of venue has been petitioned for in their county. Most judges do not want to be removed on a regular basis. This can lead to the thinking that the particular judge is not qualified, not fair, or just not desirable.