California, United States of America
The following excerpt is from Yomtoubian v. Yomtoubian (In re Yomtoubian), G053320 (Cal. App. 2017):
"A party may seek a judge's disqualification for cause under the procedure set forth at [Code of Civil Procedure] section 170.3, subdivision (c). However, the party must do so 'at the earliest practicable opportunity after discovery of the facts constituting the ground for disqualification.' ( 170.3, subd. (c).) This strict promptness requirement is not to be taken lightly, as a failure to comply constitutes forfeiture or an implied waiver of the disqualification." (Tri Counties Bank v. Superior Court (2008) 167 Cal.App.4th 1332, 1337.)
The purpose of the requirement that alleged grounds for disqualification be asserted at the earliest practicable opportunity is that "'"[i]t would seem . . . intolerable to permit a party to play fast and loose with the administration of justice by deliberately standing by without making an objection of which he is aware and thereby permitting the proceedings to go to a conclusion which he may acquiesce in, if favorable, and which he may avoid, if not."'" (People v. Scott (1997) 15 Cal.4th 1188, 1207, quoting Caminetti v. Pacific Mut. Life. Ins. Co. (1943) 22 Cal.2d 386, 392.)
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