Motion for Recusal (Disqualify the Judge)

When the motion for recusal is used

Timing: as soon as the party learns the facts that support it. Courts often deny recusal requests that are raised late, such as after a party waits to see how the judge rules. A § 144 affidavit has its own timing rule tied to the court's term, unless good cause is shown for filing later. This step usually happens before a lawsuit is filed or right as it begins. At this point, the parties decide where and how the case will proceed.

What the rule requires

• Section 455 applies to every federal justice, judge and magistrate judge, and the judge can act on it without a motion.
• Under 28 U.S.C. § 144, a party in a district court may file a timely and sufficient affidavit that the judge has a personal bias or prejudice against the party or in favor of an adverse party. The affidavit must state the facts and reasons for the belief, and it must come with a certificate of counsel of record stating that it is made in good faith.
• Under § 144, a party may file only one such affidavit in any case.
• Adverse rulings alone are rarely enough. In Liteky v. United States, 510 U.S. 540 (1994), the Supreme Court said that judicial rulings alone almost never are a valid basis for a bias or partiality motion.
• State courts have their own recusal or disqualification rules, and some allow one peremptory challenge to a judge. California Code of Civil Procedure § 170.6 is an example.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of 28 U.S.C. §§ 144, 455 online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for recusal in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion for recusal procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Recusal: a judge's withdrawal from a case because of a conflict of interest or because the judge's impartiality might reasonably be questioned.
• 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.

Related procedures

Similarly, these procedures often come up alongside it:

• Motions: Form and Requirements: the general rules every written motion must follow.
• Motion to Transfer Venue: a request to move a case to another federal district or division.
• Interlocutory Appeal (Certified Question): an appeal from an order that is not a final judgment, allowed when the district judge certifies it.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on motion for recusal (disqualify the judge). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.