The judge is called upon to consider a civil dispute impartially, based on the norms of the law. However, there are a number of circumstances that may call impartiality into question. In this case, it is possible to challenge the judge. How to do it right?
Instructions
Step 1
Determine the basis on which you will file a challenge. In a civil procedure, the list of such grounds is indicated in Articles 16, 17 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation), in an arbitration process - in Articles 21, 22 of the Arbitration Procedure Code of the Russian Federation (APC RF).
Step 2
Fill out a written application for the disqualification of the judge. In the “header” of the application, indicate which court it is being sent to, who the applicant is, and the number assigned to the case in court. Below, in the middle of the sheet, write the title - "Application for the Challenge of a Judge." In the text of the application, state the grounds for the challenge, referring to the provisions of the law specified in paragraph 1. Sign and date the application. If an application is submitted from an organization, it is signed by its head or other authorized person, the signature is certified by a seal.
Step 3
Submit your application to the judge appointed to hear the case. In accordance with the law, he is authorized to consider an application for his own challenge. You can submit the document in person or through a representative, whose powers are duly executed, as well as by mail.
Step 4
If the grounds for the disqualification of the judge became known during the consideration of the case on the merits, and you do not have time to prepare a statement in writing, declare the disqualification orally during the court session. Accompany such a statement with the words: "Please enter into the record of the court session." In the future, be sure to read the minutes of the court session, check the correctness of the indication of the grounds for challenge. If it turns out that the record does not correspond to your application, fill out the comments on the protocol.
