Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________ COUNTY, TEXAS
ACCUSED OBJECTION TO VISTING JUDGE
I, _________________________________, a living man
without benefit of counsel, hereinafter known as the Accused, asks the visiting
judge of the court to recuse himself.
A. Introduction
1.
The
State of Texas
has Charged the Accused with an assumed violation of the
______________________________ Code.
2.
The
Accused files this motion before the first hearing over which the visiting
judge assigned to this case is to preside.
3.
The
Accused objects to this case being tried before visiting Judge ________________________.
B.
Argument & Authorities
4.
The
Accused is entitled to this objection because the presiding judge did not give
timely notice of the assignment of this case to the visiting judge. See Tex. Gov’t Code
§74.053(a); Tivoli Corp. v. Jewelers Mut. Ins. Co., 932 S.W.2d 704, 709 (Tex.
App. – San Antonio 1996, writ denied). It is reasonable and practical for the
presiding judge to give notice to give the Accused the opportunity to check the
qualifications of the visiting judge.
C. Prayer
5.
For
these reasons, the Accused asks the visiting Judge of the court to recuse
himself and request that the presiding judge of this administrative judicial
district assign another judge to this case.
Respectfully submitted,
_________________________________
signature
_________________________________
print name
_________________________________
address
_________________________________
city, state
Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________ COUNTY, TEXAS
ORDER ON ACCUSED MOTION TO RECUSE
On
________________, 201__, the court considered the Accused,
_________________________________ motion to recuse. After considering the
pleadings, the motion, the response, and the affidavits, the trial judge
AGREES to recuse himself and
request that the presiding judge of this administrative judicial district
assign another judge to preside over the case.
The trial judge will take no
further action in this case pending the ruling on the motion to recuse.
Signed and
entered this day of , 201__.
SEAL
_____________________________
PRESIDING
JUDGE
Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________ COUNTY, TEXAS
ORDER ASSIGNING ACCUSED MOTION TO RECUSE FOR HEARING
On ________________, 201__, the trial judge declined to
recuse himself and requested that the presiding judge of this administrative
judicial district assign Accused motion to recuse to another judge for hearing.
As administrative judge, I assign Judge ________________________ to hear the
motion to recuse on the day of , 201__.
Signed and
entered this day of , 201__.
SEAL
_____________________________
ADMINISTRATIVE JUDGE
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the forgoing
has been delivered to the following party or counsel of record via delivery
confirmation, hand delivery or fax on this ______ day of ________________________, 201__.
______________________________________
______________________________________
______________________________________
_________________________________
INSTRUCTIONS
This document was created to get rid of a visiting judge. This
is used only if the visiting judge is sprung on you in the last minute.
Visiting Judges are used as a ringer, because it is hard to find them if you
decide to sue for violation you substantive and procedure rights. Remember that
any order not signed is a denial of the associated document, this being a
Motion to Recuse the Visiting Judge. Always put this motion in if they put a
visiting judge. Read it and understand it. It needs to be filed only when you
find out the judge is a visiting judge. Take it with you to court.
Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’
or County.
Line 3: Put
either ‘In the City of (whatever City)”, “Precinct (whatever number)” or
“(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Put your name in Upper
and Lower Caps.
Line 7: Put in the type of Code
that you are charge with like: “Transportation” or “Penal”.
Line 8: Put in name of the
visiting judge.
Line 9: Sign your name.
Line 10: Put your name in Upper
and Lower Caps.
Line 11: Put in your address.
Line 12: Put in your city and
state – put in zipcode if you want.
Line 13: Where you put the
cause numbers of the case.
Line 14: Put either
‘Municipal’, ‘Justice of the Peace’ or County.
Line 15: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 16: Put your name in Upper
and Lower Caps.
Line 17: Put whatever county
the court is in – like – “Galveston”.
Line 18: Leave for the Judge to
fill out.
Line 19: Leave for the Judge to
fill out.
Line 20: Put your name in Upper
and Lower Caps.
Line 21: Leave for the Judge to
fill out.
Line 22: Leave for the Judge to
fill out.
Line 23: Leave for the Judge to
fill out.
Line 24: Where you put the
cause numbers of the case.
Line 25: Put either
‘Municipal’, ‘Justice of the Peace’ or County.
Line 26: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 27: Put your name in Upper
and Lower Caps.
Line 28: Put whatever county
the court is in – like – “Galveston”.
Line 29: Leave for the Judge to
fill out.
Line 30: Leave for the Judge to
fill out.
Line 31: Leave for the Judge to
fill out.
Line 32: Leave for the Judge to
fill out.
Line 33: Leave for the Judge to
fill out.
Line 34: Leave for the Judge to
fill out.
Line 35: Leave for the Judge to
fill out.
Line 36: Leave for the Judge to
fill out.
Line 37: Leave for the Judge to
fill out.
Line 38: Leave for the Judge to
fill out.
Line 39: Put the numbered day
of the Month that you serve a copy of this document to the prosecutor.
Line 40: Put the name of the
Month that you serve a copy of this document to the prosecutor.
Line 41: Put the last number of
the year that you serve a copy of this document to the prosecutor. – like - 2013
.
Line 42: Put “ Prosecutor for (Whatever Court)
Line 43: Put the street address where the prosecutor will
be served.
Line 44: Put the City, State and Zipcode where the
Prosecutor will be served.
Line 45: Sign your name, then
below print your name in Upper and Lower Caps then below that print your
address.
Original goes to the clerk of the court, one copy to the
Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure
and NOT include the instruction sheets.
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