Recuse

What recuse means

Put simply, recuse is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where recuse 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

To research recuse, 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

• 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.
• 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.
• 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.
• Record on appeal: the materials the appellate court reviews: the original papers and exhibits filed in the trial court, the transcript of proceedings, and a certified copy of the docket entries (Federal Rule of Appellate Procedure 10(a)).

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.