Substitution_(law)
In legal terms, the right of substitution is a statutory right of all parties except the state. It is the right to change the presiding court official with or without cause.
This article needs additional citations for verification. (April 2008) |
Judges are usually given cases randomly within a jurisdiction (unless there is only one judge in a jurisdiction, in which case they receive all cases). The right of substitution does not give a litigant the right to choose a judge, just the random selection of another judge in the jurisdiction. If the right is exercised in a jurisdiction with one judge usually a judge from a neighboring jurisdiction will take the case, although on occasion a Reserve Judge or Commissioner may be used.