Also known as:PJ · P. J. · presiding judge · presiding justice
Written by attorneys · grounded in primary & secondary sources — see below
The judicial officer who conducts a trial and exercises control over the proceedings.
Sources & Authorities· 2 primary sources
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Statutes
Federal Rules
Study Supplements
Dictionaries
How it applies
Common Examples
6
Judge Supplies Extra-Record Facts
Patrick Phan sued Prism Analytics for breach of contract in a bench trial. During the proceeding the presiding judge announced that he had personally examined a closed state-court file from a prior merger dispute and summarized documents never offered into evidence. The firm lost and appealed the judgment.
Presiding Judge Oversees Retrial
Priya Prasad faced a second prosecution after her first conviction was reversed. The presiding judge managed voir dire and evidentiary rulings in the new trial without any indication that prior proceedings tainted the process.
Pablo Perez, a newspaper publisher, sought access to a criminal proceeding involving a minor victim. The presiding judge conducted a closed hearing to weigh the competing interests before deciding whether to restrict public attendance.
Globe Newspaper Co. v. Superior Court457 U.S. 596 (1982)
Judge Applies State Damage Standard
Paige Porter won a large verdict in a diversity case. The presiding judge reviewed the award under the state excessiveness standard and ordered a new trial unless the plaintiff accepted a remittitur.
Gasperini v. Center for Humanities, Inc.518 U.S. 415, 429–431 (1996)
Judge Resolves Title Dispute
Patricia Patel claimed superior title to land under a federal grant. The presiding judge heard argument on whether state court rulings could bind the federal proceeding and entered judgment accordingly.
Martin v. Hunter’s Lessee14 U.S. (1 Wheat.) 304 (1816)
Judge Handles Juror Bias Claim
Paula Pierce was convicted after jurors allegedly relied on racial stereotypes during deliberations. The presiding judge conducted an evidentiary hearing to determine whether the statements required a new trial.
Pena-Rodriguez v. Colorado137 S. Ct. 855, 861 (2017)
Common questions
Frequently Asked
1
Must a party object at trial to preserve a claim that the presiding judge improperly testified?+
No objection is required. The rule expressly states that a party need not object to preserve the issue for appeal when the presiding judge supplies facts from personal knowledge.
14 U.S. (1 Wheat.) 304 (1816)Constitutional Law
…in a state court is against a title set up under federal law, Congress has provided writs of error as a revising mode. The presiding judge of the state court may issue the writ of error or a federal judge may, and the process is a mode of compelling parties to appear before this Court. The necessity for Congress to exercise…