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Last updated: 11 février 2026

An Affidavit of Prejudice (or Affidavit of Bias/Recusal) is a formal request filed by a party to a lawsuit asking for the removal of the assigned judge.

The document asserts that the judge cannot be impartial due to a personal bias, conflict of interest, or prior relationship with one of the parties.

This is a serious legal step that must be backed by specific facts, not just a disagreement with the judge's prior rulings.

If the affidavit is successful, the current judge will recuse themselves, and the case will be reassigned to a new judge to ensure a fair and impartial trial.

In some jurisdictions, a "peremptory" affidavit of prejudice allows one automatic change of judge without needing to prove specific bias.

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