This document is a sample peremptory challenge for California, and is made pursuant to Section 170.6 of the Code of Civil Procedure to challenge the commissioner or judge on the grounds of prejudice.
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Sample California peremptory challenge
1. 1 Any Attorney or Party
Any Street
2 Any Town, CA 99999
3 555-555-5555
4 Any attorney or party
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8 Superior Court of the State of California
9 For the County of ____________
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11 Any Plaintiff, ) Case No.
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12 Plaintiff, )
) PEREMPTORY CHALLENGE
13 vs. )
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14 Any Defendant, Does 1-50, inclusive, )
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15 Defendants. )
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16 )
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To subscribe to my FREE California weekly legal newsletter visit
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http://www.legaldocspro.net/newsletter.htm and enter your e-mail
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23 address. Be sure to remove this notice and all other notices before
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using this document.
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1I, _______, declare as follows:
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27 1. I am over the age of 18 years. I am a party (or the attorney for a party) to the above-
28 entitled action. That the judge, court commissioner, or court referee before whom the trial of (or a
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PEREMPTORY CHALLENGE-SECTION 170.6 OF THE CODE OF CIVIL PROCEDURE
2. 1
hearing) in the above-entitled action or proceeding (or to whom it is assigned) is prejudiced against
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3 the party (or his or her attorney) or the interest of the party (or his or her attorney) so that I cannot
4 have a fair and impartial trial or hearing before the judge, court commissioner or referee.
5
Remember that you must file this motion, and then serve the
6
7 motion on all parties to a civil action within the time limits
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specified in Code of Civil Procedure Section 170.6. Visit the following
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10 website: http://www.leginfo.ca.gov/calaw.html to search for and
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view the full text of Section 170.6
13 I declare under penalty of perjury under the laws of the State of California that the foregoing
14 is true and correct and that this declaration is executed on __________________,2013 at _____,
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California.
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___________________________________________________
17 PERSON SIGNING PEREMPTORY CHALLENGE
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PEREMPTORY CHALLENGE-SECTION 170.6 OF THE CODE OF CIVIL PROCEDURE
3. 1
hearing) in the above-entitled action or proceeding (or to whom it is assigned) is prejudiced against
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3 the party (or his or her attorney) or the interest of the party (or his or her attorney) so that I cannot
4 have a fair and impartial trial or hearing before the judge, court commissioner or referee.
5
Remember that you must file this motion, and then serve the
6
7 motion on all parties to a civil action within the time limits
8
specified in Code of Civil Procedure Section 170.6. Visit the following
9
10 website: http://www.leginfo.ca.gov/calaw.html to search for and
11
12
view the full text of Section 170.6
13 I declare under penalty of perjury under the laws of the State of California that the foregoing
14 is true and correct and that this declaration is executed on __________________,2013 at _____,
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California.
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___________________________________________________
17 PERSON SIGNING PEREMPTORY CHALLENGE
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PEREMPTORY CHALLENGE-SECTION 170.6 OF THE CODE OF CIVIL PROCEDURE
4. 1
hearing) in the above-entitled action or proceeding (or to whom it is assigned) is prejudiced against
2
3 the party (or his or her attorney) or the interest of the party (or his or her attorney) so that I cannot
4 have a fair and impartial trial or hearing before the judge, court commissioner or referee.
5
Remember that you must file this motion, and then serve the
6
7 motion on all parties to a civil action within the time limits
8
specified in Code of Civil Procedure Section 170.6. Visit the following
9
10 website: http://www.leginfo.ca.gov/calaw.html to search for and
11
12
view the full text of Section 170.6
13 I declare under penalty of perjury under the laws of the State of California that the foregoing
14 is true and correct and that this declaration is executed on __________________,2013 at _____,
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California.
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___________________________________________________
17 PERSON SIGNING PEREMPTORY CHALLENGE
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PEREMPTORY CHALLENGE-SECTION 170.6 OF THE CODE OF CIVIL PROCEDURE
5. 1
hearing) in the above-entitled action or proceeding (or to whom it is assigned) is prejudiced against
2
3 the party (or his or her attorney) or the interest of the party (or his or her attorney) so that I cannot
4 have a fair and impartial trial or hearing before the judge, court commissioner or referee.
5
Remember that you must file this motion, and then serve the
6
7 motion on all parties to a civil action within the time limits
8
specified in Code of Civil Procedure Section 170.6. Visit the following
9
10 website: http://www.leginfo.ca.gov/calaw.html to search for and
11
12
view the full text of Section 170.6
13 I declare under penalty of perjury under the laws of the State of California that the foregoing
14 is true and correct and that this declaration is executed on __________________,2013 at _____,
15
California.
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___________________________________________________
17 PERSON SIGNING PEREMPTORY CHALLENGE
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PEREMPTORY CHALLENGE-SECTION 170.6 OF THE CODE OF CIVIL PROCEDURE