Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified?

California, United States of America


The following excerpt is from People v. Hull, 1 Cal.4th 266, 2 Cal.Rptr.2d 526, 820 P.2d 1036 (Cal. 1991):

Section 170.6, subdivision (2) specifies the time within which a peremptory challenge must be asserted: "If directed to the trial of a cause where there is a master calendar," the peremptory challenge must be presented to the judge supervising the master calender court "not later than the time the cause is assigned for trial." But this provision cannot be interpreted to require the filing of a peremptory challenge motion before counsel for the moving party learns the identity of the assigned judge. (People v. Bonds (1988) 200 Cal.App.3d 1018, 1024, 248 Cal.Rptr. 5; People v. Montalvo (1981) 117 Cal.App.3d 790, 794, 173 Cal.Rptr. 51.)

Page 536

Other Questions


Is a judge assigned to pass upon a disqualification notice required to counsel counsel of the assigned or agreed upon judge? (California, United States of America)
What is the evidence required for a conviction under section 550 of the Penal Code section 550, subdivision (b)(3) of the Workers' Compensation Act for failing to disclose prior low back injuries? (California, United States of America)
Can a party in a civil case bring a peremptory challenge to the assigned judge? (California, United States of America)
Can a peremptory challenge be made to the judge assigned to a judge for all purposes? (California, United States of America)
Does a party have to lodge a peremptory challenge to a judge assigned for all purposes in a direct calendar court? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Can a defendant be punished under section 654 of the California Criminal Code for failing to comply with the requirements of Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
Does section 170.6 of the California Criminal Code require a written affidavit to prove that the disqualification of the judge assigned to hear the case is invalid? (California, United States of America)
Does section 7895 of the California Family Code require an appellate court to appoint counsel for a parent unable to afford counsel for their child who is a dependent child of the juvenile court? (California, United States of America)
Is it detrimental to petitioners to peremptory challenge to the judge assigned to assess a petition for writ of habeas corpus? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.