What form/s do I use to answer a ccp 170.6 in California court

Just so you know this is a process not to be taken lightly, most of these people stick together and are rather vindictive toward outsiders. There are no forms however here is a site with some guidelines to help you write your statement.
Peremptory Challenges (Disqualifying Judges) (http://www.saclaw.org/pages/peremptory.aspx)

Just so you know this is a process not to be taken lightly, most of these people stick together and are rather vindictive toward outsiders. There are no forms however here is a site with some guidelines to help you write your statement.
Peremptory Challenges (Disqualifying Judges) (http://www.saclaw.org/pages/peremptory.aspx)

There are no forms? Yes there are legal ways to write a form letter to the courts and present it. Arguments can be oral or in writing.

Why do you think the OP lives in Sacramento jurisdiction ?

I've worked for and with Attorneys for a lot of years - I have never, ever heard an Attorney recommend self-admitted vindictive behavior and I've never seen an Attorney refer to another Attorney (or group of Attorneys) as "most of these people stick together and are rather vindictive toward outsiders ..."

These statements and the inability to research lead me to suspect this poster is either disbarred or never admitted.

I don't know this part - the question is how to ANSWER a ccp170.6, not how to file. Is that a grammatical error or is OP somehow reponding to a request to remove a Judge?

I can only address NY where attempts to remove Judges are usually met with failure and then the person is still stuck in front of a very unhappy, still sitting, Judge. Not a good idea.

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don't know this part - the question is how to ANSWER a ccp170.6, not how to file. Is that a grammatical error or is OP somehow reponding to a request to remove a Judge?
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I agree that OP apparently wants to know the form to file a peremptory disqualification of a judge.

The link is given by Sleepingless to the actual California statute (or a link found at that link). The form is contained within the statute:


"170.6.
...
(6) Any affidavit filed pursuant to this section shall be in
substantially the following form:


(Here set forth court and cause)
State of California, ss.
County of ___________

PEREMPTORY CHALLENGE

____, being duly sworn, deposes and says:
That he or she is a party (or attorney for a party) to the within action (or special proceeding).
That ____ the judge, court commissioner, or referee before whom the trial of the (or a hearing in the) action (or special proceeding) is pending (or to whom it is assigned) is prejudiced against the party (or his or her attorney) or the interest of the party (or his or her attorney) so that affiant cannot or believes that he or she cannot have a fair and impartial trial or hearing before the judge, court commissioner, or referee.
Subscribed and sworn to before me this ______ day of ______, 20__.
(Clerk or notary public or other officer administering oath)"


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I can only address NY where attempts to remove Judges are usually met with failure and then the person is still stuck in front of a very unhappy, still sitting, Judge. Not a good idea.

Some states, California it appears, as well as mine (Alaska, not Florida), allow peremptory qualifications of judges. Happens all the time, and is not a big deal.

Are you sure you need to "answer" a ccp 170.6? The only one who would need to "answer" such a complaint is a sitting judge who has not recused themselves from sitting on a case. And I would think a judge would know how to answer such a complaint.

How about explaining the situation instead of asking a very specific question. Clearly you are confused if you think you need to answer such a complaint. So maybe you are confused about other parts of the case you are involved in.

Edit: The form Judy supplied is to MAKE a complaint under ccp 170.6, not answer one. As Judy noted, you better have concrete proof of prejudice.

Are you sure you need to "answer" a ccp 170.6? The only one who would need to "answer" such a complaint is a sitting judge who has not recused themselves from sitting on a case. And I would think a judge would know how to answer such a complaint.

How about explaining the situation instead of asking a very specific question. Clearly you are confused if you think you need to answer such a complaint. So maybe you are confused about other parts of the case you are involved in.

Edit: The form Judy supplied is to MAKE a complaint under ccp 170.6, not answer one. As Judy noted, you better have concrete proof of prejudice.

A peremptory challenge means that it's automatic. File the form and the challenge is granted. So if OP is a party to the case there would be no way to oppose the challenge. In other words, OP obviously meant file, not "answer".

In other words, OP obviously meant file, not "answer".

I suspect you are right. But it points out confusion on the part of the OP. So rather than assume what was meant, I prefer to let the OP clarify.

A peremptory challenge means that it's automatic. File the form and the challenge is granted. So if OP is a party to the case there would be no way to oppose the challenge. In other words, OP obviously meant file, not "answer".

Its also possible that they and another party have a case in the courts. Such as a divorce or other civil proceeding. And the other party has filed the paperwork. They (opposing party) have received a copy and don't understand what to do with it.

My specific concern is that when I "guessed" at wording, "guessed" at what the OP was saying/asking I was corrected.

How is this thread any different?