Papering the Judge By Fax

  I have previously posted: “Papering the Judge: The Rules.” Those rules state that a motion to disqualify a judge pursuant to Code of Civil Procedure section 170.6 (also known as a peremptory challenge) shall be made to the assigned judge or to the presiding judge: failure to follow this rule can be grounds to deny the motion.

  How do you fax file a motion to disqualify a judge? The Facsimile Transmission Cover Sheet (MC-005) must include processing instructions as a separate attachment, indicated by a check mark at Paragraph 2. The processing instructions must clearly indicate the specific judge to which the Affidavit of Prejudice is directed. For example: Please immediately direct this Affidavit of Prejudice to assigned Judge [Name ] in Department XX.

  In Fry v. Superior Court the fax-filing cover sheet failed to direct the affidavit to any particularly judge and therefore the motion to disqualify was properly denied because it was not directed to either the assigned or presiding judge.

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