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Peremptory Challenge of a Judge

Remove the Judge from Your Case

If you have a case in superior court, and you believe you cannot get a fair and impartial hearing or trial from the judge, commissioner, or referee assigned to your case, California Code of Civil Procedure § 170.6 gives you the right to disqualify him or her without having to show a reason. This is called a peremptory challenge.


There is no Judicial Council form for this procedure. Instead, the relevant document must be typed on 28-line pleading paper. Customizable templates may be downloaded from these links:

Click below to download this guide, with step-by-step instructions and sample forms:

 Peremptory Challenge of a Judge Step by Step