Rule 397. Change of Judge

A judge shall be disqualified in an action in which the judge is interested or prejudiced, or has been of counsel for any party, or is or has been a material witness, or is so related or connected with any party or attorney as to render it improper to sit on the trial or other proceeding therein. The disqualification may be made on the judge's own initiative, or any party may move for such disqualification and any motion by a party for disqualification shall be supported by affidavit. Upon the filing by a party of such a motion, all other proceedings in the case shall be suspended until a ruling is made thereon. Upon disqualification, the judge shall notify forthwith the presiding judge of the court, who shall assign another judge of the court to hear the action. If no other judge of the court is available, the 1357 Change of Judge Rule 397 judge shall notify forthwith the chief judge of the district, who shall assign another judge in the district to hear the action. If no other judge in the district is available or qualified, the chief judge shall notify forthwith the state court administrator, who shall obtain from the Chief Justice the assignment of a replacement judge.

Committee Notes

Source: Entire rule amended July 22, 1993, effective January 1, 1994.