Rule 16A Motions for Recusal of Judges

If you believe a judge should not handle your case because of bias, a conflict of interest, or some other fair reason, you can file a motion asking that judge to step aside. This is called a motion for recusal.

You need to file this motion with the trial judge in a timely way. That means you should raise the issue as soon as you know about it, not wait until later in the case. Waiting too long could hurt your chances of getting the judge removed from the case.

The actual steps for filing and arguing this motion are not spelled out in this rule. Instead, you follow the procedures set out in the Uniform Rules of Circuit and County Court Practice, or the Uniform Rules of Chancery Court Practice, depending on which court your case is in. Those rules will tell you exactly what to include in your motion and how the judge will decide whether to step aside.