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RECUSAL, RECUSATION

Recusal is the process by which a judge voluntarily removes himself from hearing a particular case because of bias, conflict of interest, relation to a party, attorney or witness, or for any other reason.

A plea or exception by which the defendant requires that the judge having jurisdiction of the cause, should abstain from deciding upon the ground of interest, or for a legal objection to his prejudice.

A recusation is not a plea to the jurisdiction of the court, but simply to the person of the judge. It may, however, extend to all the judges, as when the party has a suit against the whole court. It is a personal challenge of the judge for cause.

It is a maxim of every good system of law, that a man shall not be judge in his own cause.

By recusation is also understood the challenge of jurors. Recusation is also an act, of what nature soever it may be, by which a strange heir, by deeds or words, declares he will not be heir.

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