CCP §170.6 — Peremptory Disqualification of a Judge for Prejudice
Type: California Code of Civil Procedure
Summary
A judge, court commissioner, or referee shall not try a civil or criminal action or special proceeding nor hear any matter that involves a contested issue of law or fact when it is established by sworn statement (or affidavit) that the judge or court commissioner is prejudiced against a party or attorney, or against the interest of a party or attorney appearing in the action or proceeding. Each side is generally entitled to one peremptory challenge as of right; the procedure has strict timing rules and is implemented procedurally through CRC 3.516.
When to use
Background reference only — not currently invoked in this matter. Useful to be aware of the timing windows (which depend on whether the assignment is “all purposes” or for a particular hearing) if the case is reassigned to a different judicial officer at any point.
Section text (verbatim — operative opening)
(a)(1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.
Scope / notes
- Full statute is lengthy; the procedural mechanics (timing windows, “all purposes” vs. specific-hearing assignments, sworn statement requirements, limit of one challenge per side, exceptions for matters previously heard substantively) are critical and should be consulted directly before any filing.
- See CRC 5.151 companion procedural framework for ex parte applications, which is unrelated but often referenced in the same procedural-prep posture.
Linked exhibits
Transclude of Exhibits-by-Statute.base