Disqualification

What disqualification means

In practice, you will see disqualification in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where disqualification comes up

For example, the term appears in these procedures:

• Motion for Recusal (Disqualify the Judge) (28 U.S.C. §§ 144, 455): a request that the assigned judge step aside from the case. Under 28 U.S.C. § 455(a), a federal judge must disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned. Section 455(b) lists specific grounds, such as personal bias or prejudice concerning a party, a financial interest in the subject matter or in a party, or having served as a lawyer in the matter in private practice.

Read the source: Recusal.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses disqualification in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Recusal: a judge's withdrawal from a case because of a conflict of interest or because the judge's impartiality might reasonably be questioned. In federal court, 28 U.S.C. § 455 sets out when a judge must step aside, and a party can ask for it by motion.
• Recuse: to step aside from hearing a case. A judge recuses when there is a conflict of interest or other reason the judge should not decide the matter. A party asks a judge to recuse by filing a motion for recusal.
• Dismiss: to end a case, a charge or a claim without a full trial. A dismissal can be with prejudice, which bars refiling, or without prejudice, which does not. In federal civil cases, Federal Rule of Civil Procedure 41 governs voluntary and involuntary dismissal.
• Dismissal with prejudice: a dismissal that bars the plaintiff from bringing the same claim again.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.