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  1. #1
    Join Date
    Apr 2019
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    18

    Default Can You Depose the Presiding Judge on Your Lawsuit

    My question involves labor and employment law for the state of: TX

    I filed 2nd lawsuit based on perjury issues of defendant in the first related lawsuit of discrimination. I lost the 1st case. However, the previous presiding judge is my current presiding again even through I filed complained against him for misconduct of "ex parte communications with the defendant" at Circuit court and JCD. I filed a motion requested change a judge. However, he denied the motion. Does he has the authority to decide this motion related to himself in the related case and issues? What should I do? Filed a motion to Circuit court to reverse his order, filed another motion to ask him recuse himself for current case or keep preceding current case. Since I am going to deposition the judge and his clerks for the details of many issues, it would be a abnormal situation for a judge to be witness as well as a presiding judge at the same case?

    What is the best way to remove/change the presiding judge. My can provide evidences that show the judge should be disqualified "where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding".

    Thanks.

  2. #2
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    Default Re: Can You Depose the Presiding Judge on Your Lawsuit

    If you filed a valid motion to recuse with the judge who is hearing your case, and it was denied, then you need to follow proper procedure to have your motion reviewed by another judge. Review Rule 18a, Recusal and Disqualification of Judges. If that fails, you can try to appeal.

    You have not articulated a basis upon which you could depose either the judge or his clerks as witnesses for your case. Your attempting to do so won't automatically disqualify the judge from hearing your case.

    You need to consult a lawyer, as it sounds like you're more likely to create problems for yourself than to solve them with your current approach.

  3. #3
    Join Date
    Oct 2014
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    7,150

    Default Re: Can You Depose the Presiding Judge on Your Lawsuit

    Quote Quoting worldfg
    View Post
    My question involves labor and employment law for the state of: TX

    I filed 2nd lawsuit based on perjury issues of defendant in the first related lawsuit of discrimination. I lost the 1st case.
    If you have filed a second case against the defendant on the same claim of discrimination you will lose that based on the legal principle of res judicata. Any perjury issues in that prior case should have been dealt with in that prior case, i.e. expose the lies during that proceeding to discredit the witness.

    Quote Quoting worldfg
    View Post
    However, the previous presiding judge is my current presiding again even through I filed complained against him for misconduct of "ex parte communications with the defendant" at Circuit court and JCD. I filed a motion requested change a judge. However, he denied the motion. Does he has the authority to decide this motion related to himself in the related case and issues? What should I do?
    I agree with Mr. Knowitall's comments on this. You need to follow the steps outlined in the court rules, which Mr. Knowitall linked for you. Note that simply the fact that the judge was the judge on the prior case is not a basis for recusal. The judge is not a party to your present case and you've not indicated any reason why the judge would be subject to deposition in your present case. Tread carefully here; seeking deposition of a judge if there is not a really solid basis for it can turn out badly for you.

    I too think you ought to consult a lawyer about this.

  4. #4
    Join Date
    Apr 2019
    Posts
    18

    Default Re: Can You Depose the Presiding Judge on Your Lawsuit

    Thank both of you for your quick comments and suggestions.

    In the previous case, defendant committed perjury by submitted false statements in affidavit and false statements during the depositions. There were many disputed facts/statements and both side prepared joint pretrial order and judge signed. However, judge granted defendant''s summary judgement two days later. The summary judgement was drafted by defendant and did not address any facts and statement from plaintiff side. I have evidences and going to prove that judge committed "ex parte communications with the defendant" misconduct. That is reason I would dispose judge, his clerks and defendant wittiness. I have also reported the claims at FBI for perjury issues. By committed perjury and misconduct from defendant and judge, defendant "won" the previous case because the judge denied my motions many times regarding the false documents and statements.

    I am in the process to look for a lawyer for consultation. In current case, defendant has not responded the summon and it past due date. I am going to file a motion for default judgement. On the other hand, I just do not want to deal with this judge any more.

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