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Most California litigators know Code of Civil Procedure section 170.6 gives each side one opportunity at the outset of a case to have the case reassigned to a different judge. But fewer know that section 170.6 also permits a peremptory challenge after some appellate reversals and remands. Which reversals trigger a new 170.6 opportunity?
► The practical message: Section 170.6 may permit you to get before a different trial judge on remand. If re-assignment would benefit your cause, promptly consider (a) whether your side used a section 170.6 challenge earlier in the case, and, if so, (b) whether the reversed ruling qualifies as a final judgment (thereby opening the door to a second 170.6 challenge).
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