On what grounds would a judge refuse to hear a case?
Question Details:
We filed a med-mal lawsuit back in 2006. Recently our lawyer needed a court order for the defendant to turn over documentation that he was refusing to give. When presented to the courthouse, all 3 judges refused to hear the case. Our attorney had to get a travelling judge. He ruled in our favor and told the defendant they had 30 days to get info being requested sent. Our lawyer has been in practice for 15 years and has never had this happen. What reason could there possibly be for all 3 judges to refuse to hear the case? And what is a traveling judge?
Personal Injury Law Answers
There could be several reasons why the judges refused to hear the case. the first reason may be that the judges knew this lawyer outside of the law practice - i.e. socially. Judges often move around from court house to court house. it may be a coincidence, but these 3 judges may all know the lawyer and there is a conflict that arose where they could not be neutral in their ruling due to their relationship with the lawyer or his family. Judges are under strict rules that they have to disqualify themselves when faced with a situation where they cannot be neutral. A travelling judge is just what it means. judges go from court house to court house where they are needed as there are too many cases in one court to conduct business.
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