Can a judge be substituted in a civil case in Illinois?

However, the Illinois Code of Civil Procedure also provides for four scenarios when a judge can be substituted in a civil case. The first scenario is when the judge is personally connected to the case.

How to get a substitution for cause in Illinois?

In seeking a substitution for cause, a party must specifically state the reason for the substitution and request that the judge be removed from the case. Another judge must thereafter conduct a hearing as soon as possible to determine whether there is evidence of bias or prejudice.

Can a judge be substituted for another judge?

The third scenario where a judge may be substituted requires no reason at all, really. It’s called “substitution of judge as a matter of right” or “without cause.” Each party to a case is entitled to one of these substitutions of judge.

Is it legal to switch attorneys in Illinois?

A potential client called me yesterday to ask me if it was normal or appropriate for people to switch attorneys in the middle of their case. I informed him that in Illinois, clients do have the right to obtain different attorneys throughout their case but there is a proper procedure that must be followed and the Judge will have to approve it.

What are the Illinois statutes for substitution of a judge?

Chapter 735. Civil Procedure Illinois Statutes Chapter 735. Civil Procedure §-1001.Substitution of judge § 2-1001. Substitution of judge. (1) Involvement of judge.

In seeking a substitution for cause, a party must specifically state the reason for the substitution and request that the judge be removed from the case. Another judge must thereafter conduct a hearing as soon as possible to determine whether there is evidence of bias or prejudice.

When to request substitution of Judge as of right?

(ii) An application for substitution of judge as of right shall be made by motion and shall be granted if it is presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case, or if it is presented by consent of the parties.

Can a motion to substitute a judge without cause be filed?

It’s called “substitution of judge as a matter of right” or “without cause.” Each party to a case is entitled to one of these substitutions of judge. The only caveat is that the litigant must file the motion with the court before any hearings, trials, or substantial rulings have been entered in the case.