Can counsel present a section 170.6 peremptory challenge at a hearing on a motion for judicial review?
California, United States of America
The following excerpt is from Shader v. The Superior Court Of Santa Clara County, H035572, Super. Ct. No. CV139573 (Cal. App. 2010):
We also recognize that there may be circumstances where it is not possible for counsel to present a section 170.6 peremptory challenge immediately after counsel states his or her appearance at the hearing on the motion. In those circumstances, we believe that counsel should present the peremptory challenge at the first reasonable opportunity. (Mayr v. Superior Court (1964) 228 Cal.App.2d 60, 65.)
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