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When do the parties have a right to request a change of Judge?

The parties are entitled to request a change of Judge in the following cases:

    • The judge is a party or a representative or a relative of a party in the case.
    • The judge has participated in the proceedings as a party’s defense counsel, a witness, an expert witness or an interpreter in the same case.
    • There are apparent grounds indicating that the judge may not be impartial when performing his/her tasks.
    • The Judge and People’s Assessors are relatives and sit on the same trial panel. In this case only one of them may conduct the proceedings.
    • The Judge has participated in the settlement of the civil case in the first-instance, appellate level, cassation or reopening procedures and issued a first-instance judgment, appellate judgment or decision, cassation or reopening decision, decision on settlement of the civil matter, decision on discontinuing the settlement of the case or matter, or decision on recognition of the agreement of the parties. If the Judge is a member of the Judicial Council of the Supreme People’s Court or of the Judicial Committee of the High-level People’s Court, they may still participate in the settlement of the case or matter according to cassation or reopening procedures.
    • The Judge conducts the proceedings as a verifier, a Court clerk, a Procurator, or an Inspector.

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