After an application to disqualify or challenge a judge is made, by when and in what form must the grounds and the means of substantiating them be submitted?
General information · Not legal advice
Material to check
In a practice file of this kind we read the application to disqualify or challenge the judge together with its filing stamp, since the day of application starts the period the provision sets, and then the written paper stating the reason and the method of verification, checking that it was filed as a writing.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that the reason for the disqualification or challenge and the method of verification must be submitted in writing within the period the provision sets, counted from the day the application was made, so a date stamp on the application fixes the running of that period.
Another reading notes that the provision fixes the deadline and the written form but does not say what follows if the submission arrives late, does not define how sufficient the verification must be, and does not say who judges its sufficiency, so the file has to show what was actually filed and when.
Your judgment
If the written submission was filed after the period the provision sets, what in the record would show whether the reason was nonetheless stated at the time of the application itself?
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 the provision is amended to change the period or the event it runs from, or if a court decision settles the consequence of a late written submission.