Rule 26 Bias or prejudice of a judge

Identical to SCR Civ 63-I. (Issued, Mar. 15, 1976.) REGISTER OF WILLS COMMENT As of May 1, 2009, the current text of SCR Civ 63-I is as follows: Rule 63-I. Bias or prejudice of a judge.

(a) Whenever a party to any proceeding makes and files a sufficient affidavit that the judge before whom the matter is to be heard has a personal bias or prejudice either against the party or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned, in accordance with Rule 40-I(b), to hear such proceeding.

(b) The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists and shall be accom-panied by a certificate of counsel of record stating that it is made in good faith. The affidavit must be filed at least 24 hours prior to the time set for hearing of such matter unless good cause is shown for the failure to file by such time. Rule 63 is identical to Federal Rules of Civil Procedure 63. Rule 63-I is substantially identical to 28 U.S.C. § 144.