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Rules



These rules are not intended to reiterate all applicable laws. Where the word "counsel" has been utilized, this will include pro se parties.

This publication contains the rules and all amendments thereto made through July 24, 2014.


XX. DISQUALIFICATIONS AND RECUSALS

Rule 44. Disqualifications and Recusals.

(a) Any motion to recuse or disqualify a judge in a particular case shall be filed in writing, and shall contain such evidence and affidavits which shall fully assert the facts upon which the motion is founded. Such motion shall be filed within 20 days of the date of docketing, unless good cause is shown for failure to meet such time requirements.

(b) The affidavit shall clearly state the facts and reasons for the belief that bias or prejudice exists, being definite and specific as to time, place, persons and circumstances which demonstrate either bias in favor of any adverse party or prejudice against the moving party or systematic pattern of prejudicial conduct. Allegations consisting of conclusions and opinions are not legally sufficient to support the motion or warrant further proceedings.

(c) The determination of the recusal motion shall be made upon the written record and no hearing or oral argument shall be permitted.

(d) A motion to disqualify or recuse shall be decided by the remaining two judges on the Division and the presiding judge of the next Division. A judge may, however, voluntarily disqualify himself or herself prior to the matter being decided by the other judges. The criteria for disqualification are set forth in statutory law, case law and the Code of Judicial Conduct.

(e) If the three judges designated to determine a motion to disqualify or recuse a judge do not agree on the decision, the matter shall be decided by a majority of the other judges on the Court not named in the motion to disqualify or recuse.

(f) Any motion for disqualification or recusal of multiple judges in which the above process will be unsuitable will be dealt with by the Court as required in a particular situation.


Rule amended June 15, 2011