What are interpleader proceedings?
What are interpleader proceedings?
Interpleader is a kind of procedure whereby a person in possession of property not being his own, and being claimed from such person (possession) by two or more other persons (so called claimants), by which the matter can be brought to court for adjudication over ostensibly valid and enforceable competing claims over …
What is pleading in law?
Pleading, in law, written presentation by a litigant in a lawsuit setting forth the facts upon which he claims legal relief or challenges the claims of his opponent. A pleading includes claims and counterclaims but not the evidence by which the litigant intends to prove his case.
Why are judges supposed to be fair and impartial?
One of the key principles of the American judicial system is that the judge who presides over a case must be fair and impartial. In the vast majority of cases, the issue of the judge’s fairness and impartiality never comes up.
When does a judge have an economic interest?
Sometimes a judge or one of his or her immediate family members will have an economic interest in the subject matter of the case, one that could be significantly impacted by the outcome of the proceedings. For example, the judge’s spouse might own a majority interest in a corporate party that is being sued for alleged violation of antitrust laws.
What happens when a judge recuse herself from a case?
A judge who determines it is necessary to recuse him/herself will advise the parties and attorneys of the grounds for that determination, and will ask the court administrator to reassign the case to a different judge.
How are judges and lawyers cover for each other?
1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side.
Sometimes a judge or one of his or her immediate family members will have an economic interest in the subject matter of the case, one that could be significantly impacted by the outcome of the proceedings. For example, the judge’s spouse might own a majority interest in a corporate party that is being sued for alleged violation of antitrust laws.
One of the key principles of the American judicial system is that the judge who presides over a case must be fair and impartial. In the vast majority of cases, the issue of the judge’s fairness and impartiality never comes up.
A judge who determines it is necessary to recuse him/herself will advise the parties and attorneys of the grounds for that determination, and will ask the court administrator to reassign the case to a different judge.
Can a judge be disqualified from presiding over a case?
Sometimes the judge recognizes his or her own inability to maintain partial. In those situations, the judge will either recuse himself or the litigant will move to have the judge disqualified from presiding over the case. Let’s look at some of the circumstances that may lead to a judge’s recusal or disqualification.