Legal Question in Appeals and Writs in California

If you win a family law appeal, can you get a new judge? ( california)


Asked on 4/08/14, 3:06 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

There are many ways to "win" an appeal, and not all of them have the same consequences. A successful appellant is usually entitled to disqualify the judge whose ruling was reversed, but not always. It will depend upon precisely what the Court of Appeal does.

Feel free to contact me directly if you like. I am a certified appellate specialist (per the State Bar of California's Board of Legal Specialization) with 20 years of relevant experience. Good luck.

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Answered on 4/08/14, 3:16 pm
James Goff James R. Goff, Attorney at Law

Mr. Hoffman is right. An appellate court rarely changes the trial court judge, but occasionally they may indicate that the case should be assigned to a new judge if they detect some personal involvement of the trial court in the error that requires a reversal of the original judgment. Good luck.

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Answered on 4/08/14, 4:13 pm
Edward Hoffman Law Offices of Edward A. Hoffman

To clarify Mr. Goff's point: It's rare for the Court of Appeal to order the case reassigned. But most reversals give the successful appellant the right to disqualify the judge if she wants to. There's a specific procedure for that, and it has a short deadline.

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Answered on 4/08/14, 5:36 pm


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