FAQ

Can I challenge a judge? If so, how?

A judge may be challenged if there is a statutory ground for disqualification or a reason to doubt the judge’s impartiality. The challenge may be exercised both at the request of a party (motion to recuse) and ex officio (self-report).

 

A statutory ground for disqualification exists if the judge:

 

  • is themselves a party;
  • is or was a spouse, registered partner or close relative of a party;
  • is an elective or foster parent, or an elective or foster child, or a foster child of a party;
  • is or was the authorized representative of a party;
  • where deciding in a higher instance, participated in the decision of the lower instance court.

 

If there is a case of bias or disqualification, the case shall be retried before the substitute judge as provided for in the court’s rules.

More information on this topic can be found here: Civil Law

Get comprehensive information on divorce:

As a specialized law firm in divorce law, we bring years of expertise. To that end, we’ve prepared in-depth articles offering you solid insights and practical guidance

Questions
about a topic?

Then contact Michael Ibesich

Personal and
competent advice

Insights from the IBESICH law firm

News from the firm and legal updates in Austria.

Schedule Appointment

Fill out the form below, and we will be in touch shortly.

Contact Information
Vehicle Information
Preferred Date and Time Selection