Court & Hearings
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How to request change of judge in your case How-To
Choose a reason to substitute your judge
If you wish to change the judge on your case, you may do so by filing either of the following motions at the earliest possible opportunity:
- A Motion for Substitution of Judge without cause (also known as Substitution as of Right):
Each party
is entitled to one substitution as a matter of right. However, you may not use your one substitution as of right if your motion is filed
- To delay or avoid a trial
- If your judge has already made a substantial ruling in your case
Or
- A Motion for Substitution of Judge for Cause:
To use this reason, you must show that your judge has demonstrated actual prejudice against you. This is a very high legal burden to meet and often requires supporting evidence .
- Note that when you file your motion, your judge may transfer the case to an uninvolved judge for a hearing . If the uninvolved judge determines that there is not a cause to substitute, your case will be sent back to your judge. If the uninvolved judge determines that there is cause to substitute, your case will be randomly reassigned to another judge.
Your case may move to a new judge for reasons beyond your control, such as:
- In the general course of court administration, or
- If your judge recuses (removes) themselves from your case. If your judge recuses themselves, you substitute your judge, or your case is reassigned in the general course of court administration, your case will be randomly reassigned to another. For more information on Motions for Substitution, see 735 ILCS 5/2-1001
Last full review by a subject matter expert
June 06, 2024
Last revised by staff
June 11, 2024
Worried about doing this on your own? You may be able to get free legal help.
Part of the Legal Professionals library, sponsored by Reed Smith
