Can a motion for disqualification be presented after the judge has ruled on the issue?

California, United States of America


The following excerpt is from People v. Hillery, 423 P.2d 208, 56 Cal.Rptr. 280, 65 Cal.2d 795 (Cal. 1967):

Section 170.6 requires that when the defendant knows at least 10 days before the hearing that the judge will preside, defendant must move for disqualification at least five days before such hearing. In any event, defendant must so move no later than the commencement of the hearing. The section further requires the motion to be supported by affidavit or oral statement under oath. A motion for disqualification could not, before the subsequent amendment of section 170.6, be presented after the judge had ruled on an issue of law (Mancini v. Superior Court (1964) 230 Cal.App.2d 547, 557, 41 Cal.Rptr. 213).

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