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NCJRS Abstract

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NCJ Number: 150090 Add to Shopping cart Find in a Library
Title: Substitution of Judges: Recent Statute Codifies and Modifies Existing Law
Journal: Illinois Bar Journal  Volume:82  Issue:5  Dated:(May 1994)  Pages:240-243,255
Author(s): G L Angst; D M Coghlan
Date Published: 1994
Page Count: 5
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This article discusses the procedural changes and clarifications embodied in the 1993 Illinois statute that governs petitions for substitution of judges.
Abstract: New substitution-of-judge and change-of-venue provisions have replaced the former change of venue statute. The new statute identifies circumstances under which a judge may be substituted in civil actions and specifies the procedures to use in addressing the issue. Prior to this modification, the term "change of venue" referred both to the substitution of one judge for another in the same county and to a change of venue to a different county. The restructured statute separates the substitution of judges and change of venue provisions. It also changes the procedures and requirements necessary to obtain a substitution of judge. The new statute makes substitution available in civil actions when the judge is involved in the case, a party exercises the right to substitute a judge one time without showing cause, prejudice is alleged for cause, and a defendant is in a contempt proceeding. This restructuring of the change of venue statute conforms statutory law to case law while making few substantive changes. Parties can now exercise their right to a substitution without alleging prejudice. Parties must still be aware, however, of the various hurdles. They should request substitution as a right as soon as possible. Intervening action by the judge or the party may cause the court to find that the motion is untimely. Parties should also avoid giving any indication that the motion is made to delay the proceedings. Parties who oppose substitution should also consider these factors. 42 footnotes
Main Term(s): Court procedures
Index Term(s): Change of venue; Civil proceedings; Illinois; State laws
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