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October 07, 2007

Removing a Judge

In a Minnesota family law case, each party has one opportunity to remove the assigned judge without having to provide a reason.  The case is then assigned to a different judge.  The removal must be made within ten days, and must be made before the judge takes any substantive action on the case. 

If someone wants to remove the judge after reassignment, after the ten day deadline, or after the judge has taken substantive action on the case, it requires the judge's assent (either by the judge's own action, or by the requesting party's motion).  Many parties wish for, or even seek, removal in these instances; but relatively, very few are granted. 

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Gerald O. Williams

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