When must a party take the step of excluding or challenging a court officer, and what decides that timing under this provision?
General information · Not legal advice
Material to check
In this exercise, the file holds the written request to exclude or challenge the court officer, the papers showing what act the officer performed and when, and the ruling that the court the officer belongs to issued on the request.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading is that the rules of this section apply to a court officer as they apply to a judge, so the same steps, the same grounds and any period this section sets for exclusion and challenge are carried across, and the court the officer belongs to decides the matter by a ruling.
Another reading notes that this provision fixes no period, no starting event and no consequence for a step taken late; it only refers to the section and to a ruling by the officer's own court, so the timing has to be read from the section it incorporates.
Your judgment
Which event in this file should mark the point from which the time to challenge the officer ran, when the provision itself names no such event?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if this provision is amended to state a period and a starting event for challenging court officers, or if a court decision explains whether a period in this section applies unchanged to court officers.