Topic: if the motion is made within 10 days after the cause has be… · Go Syfert
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Topic #13609

7 canonical passages across 3 cases, quoted by 29 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from SKS & Associates v. Dart.

#Case FlagCanonical passage Citers
1 SKS & Associates v. Dart Anchor
illappct · 2012
green “if the motion is made within 10 days after the cause has been placed on the judge's call, the named judge cannot proceed further and must transfer the case.” 5
2 SKS & Associates v. Dart
illappct · 2012
green “the motion for substitution of judge may be made at any other time, but in those instances the movant has the burden of showing prejudice on the part of the judge.” 4
3 People v. Jackson
illappct · 2016
green “conceded that the amended motion was untimely, as it was filed more than 10 days after the cause had been placed on the judge's trial call.” 4
4 People v. Jackson
illappct · 2016
green “the defect of naming the second judge should be considered a technical defect,” 4
5 People v. Langford
illappct · 1993
green “defects in a motion for substitution are often held to be 'technical defects' not warranting denial of the motion under the liberal construction rule set forth by the illinois supreme court in cases up through people v. walker.” 4
6 People v. Langford
illappct · 1993
green “our review of the applicable case law brings us to the conclusion that an ambiguous motion for substitution should not be summarily denied without allowing defendant to clarify his mistake, if he requests such an opportunity.” 4
7 People v. Langford
illappct · 1993
green “to the extent, however, that the ruling of burns conflicts with the ruling in this case, we decline to follow it.” 4

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