20-311d.Change of judge; procedure;
grounds.
(a) If a party or a party's attorney believes that the judge to whom an
action is assigned cannot afford that party a fair trial in the action, the
party or attorney may file a motion for change of judge. The motion shall
not state the grounds for the party's or attorney's belief. The judge shall
promptly hear the motion informally upon reasonable notice to all parties
who have appeared in the case. If the judge disqualifies the judge's self,
the action shall be assigned to another judge by the
chief judge.
If the judge refuses to disqualify the judge's self, the party seeking a
change of judge may file the affidavit provided for in subsection (b). If
an affidavit is to be filed it shall be filed immediately.
(b) If a party or a party's attorney files an affidavit
alleging any of the grounds specified in subsection (c), the
chief judge shall at once
determine, or refer the affidavit to another district
judge for prompt determination of, the legal sufficiency of the affidavit.
If the affidavit is
filed in a district court in which there is no other judge who is
qualified to hear the matter, the
chief judge shall at once notify the
departmental justice for the district and request the appointment of
another district
judge to determine the legal sufficiency of the affidavit. If the affidavit
is found to be legally sufficient, the case shall be assigned to another judge.
(c) Grounds which may be alleged as provided in subsection (b) for
change of judge are that:
(1) The judge has been engaged as counsel in the action prior
to the appointment or election as judge.
(2) The judge is otherwise interested in the action.
(3) The judge is related to either party to the
action.
(4) The judge is a material witness in the action.
(5) The party or the party's attorney filing the affidavit
has cause to believe and
does believe that on account of the personal bias, prejudice or
interest of the judge such party cannot obtain a fair and impartial
trial or fair and impartial enforcement of post-judgment remedies. Such
affidavit shall state the facts and the reasons for the belief that
bias, prejudice or an interest exists.
(d) In any affidavit filed pursuant to this section, the recital of
previous rulings or decisions by the judge on legal issues
or concerning the legal
sufficiency of any prior affidavits filed by counsel for a party in any
judicial proceeding, or filed by such counsel's law firm, pursuant to
this section, shall not be deemed legally sufficient for any belief that
bias or prejudice exists.
History: L. 1971, ch. 198, § 3; L. 1972, ch. 97, § 1; L. 1973,
ch. 130, § 1; L. 1978, ch. 110, § 1;
L. 1985, ch. 104, § 1;
L. 1986, ch. 115, § 34;
L. 1999, ch. 57, § 15; July 1.
20-311d.Change of judge; procedure;
grounds.
(a) If a party or a party's attorney believes that the judge to whom an
action is assigned cannot afford that party a fair trial in the action, the
party or attorney may file a motion for change of judge. The motion shall
not state the grounds for the party's or attorney's belief. The judge shall
promptly hear the motion informally upon reasonable notice to all parties
who have appeared in the case. If the judge disqualifies the judge's self,
the action shall be assigned to another judge by the
chief judge.
If the judge refuses to disqualify the judge's self, the party seeking a
change of judge may file the affidavit provided for in subsection (b). If
an affidavit is to be filed it shall be filed immediately.
(b) If a party or a party's attorney files an affidavit
alleging any of the grounds specified in subsection (c), the
chief judge shall at once
determine, or refer the affidavit to another district
judge for prompt determination of, the legal sufficiency of the affidavit.
If the affidavit is
filed in a district court in which there is no other judge who is
qualified to hear the matter, the
chief judge shall at once notify the
departmental justice for the district and request the appointment of
another district
judge to determine the legal sufficiency of the affidavit. If the affidavit
is found to be legally sufficient, the case shall be assigned to another judge.
(c) Grounds which may be alleged as provided in subsection (b) for
change of judge are that:
(1) The judge has been engaged as counsel in the action prior
to the appointment or election as judge.
(2) The judge is otherwise interested in the action.
(3) The judge is related to either party to the
action.
(4) The judge is a material witness in the action.
(5) The party or the party's attorney filing the affidavit
has cause to believe and
does believe that on account of the personal bias, prejudice or
interest of the judge such party cannot obtain a fair and impartial
trial or fair and impartial enforcement of post-judgment remedies. Such
affidavit shall state the facts and the reasons for the belief that
bias, prejudice or an interest exists.
(d) In any affidavit filed pursuant to this section, the recital of
previous rulings or decisions by the judge on legal issues
or concerning the legal
sufficiency of any prior affidavits filed by counsel for a party in any
judicial proceeding, or filed by such counsel's law firm, pursuant to
this section, shall not be deemed legally sufficient for any belief that
bias or prejudice exists.
History: L. 1971, ch. 198, § 3; L. 1972, ch. 97, § 1; L. 1973,
ch. 130, § 1; L. 1978, ch. 110, § 1;
L. 1985, ch. 104, § 1;
L. 1986, ch. 115, § 34;
L. 1999, ch. 57, § 15; July 1.
20-311d.Change of judge; procedure;
grounds.
(a) If a party or a party's attorney believes that the judge to whom an
action is assigned cannot afford that party a fair trial in the action, the
party or attorney may file a motion for change of judge. The motion shall
not state the grounds for the party's or attorney's belief. The judge shall
promptly hear the motion informally upon reasonable notice to all parties
who have appeared in the case. If the judge disqualifies the judge's self,
the action shall be assigned to another judge by the
chief judge.
If the judge refuses to disqualify the judge's self, the party seeking a
change of judge may file the affidavit provided for in subsection (b). If
an affidavit is to be filed it shall be filed immediately.
(b) If a party or a party's attorney files an affidavit
alleging any of the grounds specified in subsection (c), the
chief judge shall at once
determine, or refer the affidavit to another district
judge for prompt determination of, the legal sufficiency of the affidavit.
If the affidavit is
filed in a district court in which there is no other judge who is
qualified to hear the matter, the
chief judge shall at once notify the
departmental justice for the district and request the appointment of
another district
judge to determine the legal sufficiency of the affidavit. If the affidavit
is found to be legally sufficient, the case shall be assigned to another judge.
(c) Grounds which may be alleged as provided in subsection (b) for
change of judge are that:
(1) The judge has been engaged as counsel in the action prior
to the appointment or election as judge.
(2) The judge is otherwise interested in the action.
(3) The judge is related to either party to the
action.
(4) The judge is a material witness in the action.
(5) The party or the party's attorney filing the affidavit
has cause to believe and
does believe that on account of the personal bias, prejudice or
interest of the judge such party cannot obtain a fair and impartial
trial or fair and impartial enforcement of post-judgment remedies. Such
affidavit shall state the facts and the reasons for the belief that
bias, prejudice or an interest exists.
(d) In any affidavit filed pursuant to this section, the recital of
previous rulings or decisions by the judge on legal issues
or concerning the legal
sufficiency of any prior affidavits filed by counsel for a party in any
judicial proceeding, or filed by such counsel's law firm, pursuant to
this section, shall not be deemed legally sufficient for any belief that
bias or prejudice exists.
History: L. 1971, ch. 198, § 3; L. 1972, ch. 97, § 1; L. 1973,
ch. 130, § 1; L. 1978, ch. 110, § 1;
L. 1985, ch. 104, § 1;
L. 1986, ch. 115, § 34;
L. 1999, ch. 57, § 15; July 1.