These rules are not intended to reiterate all applicable laws. Where the word "counsel" has been utilized, this will include pro se parties.
The effective date of these rules shall be February 21, 2008. The version below includes amendments through June 9, 2010.
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.
