Recusal

What recusal means

In practice, you will see recusal 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 recusal 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: 28 U.S.C. § 455.

How to research the term

To research recusal, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• 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.
• Disqualification: removal of a judge, lawyer or other person from taking part in a case. For federal judges, 28 U.S.C. § 455 lists the grounds for disqualification. Lawyers can be disqualified for conflicts of interest under the applicable rules of professional conduct.
• Receiver: a neutral person appointed by a court to take custody of, manage and protect property or a business while a case is pending or to help enforce a judgment. Federal Rule of Civil Procedure 66 governs actions in which a party seeks to appoint a receiver or in which a receiver sues or is sued.
• Reconcile: to compare two sets of records — such as a bank statement and a company's own ledger — to confirm they agree and to identify and explain any differences. A reconciliation is the document or process that does this.

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.