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Notice of a Change of Judge

⚠️ IMPORTANT: The instructions on this page and forms are for civil cases in District Court only.

Can I change the judge assigned to my case? 

The Court has rules for assigning judges. These rules ensure the workload is shared evenly and cases are handled without unnecessary delay. You can only change or disqualify a judge when a court rule allows it.

In civil cases, the side that started the case and the side being sued each have a right to change the judge. You do not have state a reason for the change, but this right can only be used one time per side in a case. You can use this right by filing a notice on your own, or you and the other side can file a notice together if you both agree on the change.

This also applies to cases with a district court panel.

If only one side asks for the change, there are exceptions (types of cases where you cannot change the judge).

URCP Rule 63A (Rules of Civil Procedure)

1 ACT FAST: There are strict time limits to change a judge. If you are filing the notice to change the judge on your own, you only have seven days. If everyone agrees, you have 90 days.

What if I think the judge is unfair?

If you want a judge removed because you believe they are biased (not fair), prejudiced (already decided the case), or have a conflict of interest (a personal connection to the case), you can file a motion to disqualify the judge. URCP Rule 63 (Rules of Civil Procedure)

What are you trying to do? 

Are you asking to move your case from the current court to another county?
See our page on Motion to Change Venue.

Do you have a complaint about your judge?
See our page How do I complain about how I was treated by the court?

How to change or disqualify the judge assigned to your case

This page has information to help you if you are trying to change a judge using a notice or disqualify a judge using a motion. Which one applies to you? 

How to change a judge

You can change a judge using your legal right by yourself, or you can change a judge if everyone in the case agrees. Follow the steps below.

If everyone in the case agrees to the change, skip this and go to Step 2.

Each side (the side that started the case or the side being sued) can change the judge one time. You do not have to give a reason to change the judge. You must meet all of these requirements: 

  • This is the first time your side is changing the judge in this case.
  • Your case is in a county with seven or more district court judges. This means the largest counties in Utah (like Salt Lake, Utah, Davis, and Weber). Or your case involves a district court panel.
  • You are not filing this to slow down the case or because of the judge's race, gender, or religious affiliation.

Next, check for exceptions. You cannot change the judge if your case is:

  • About a petition for post-conviction relief (URCP 65C).
  • About modifying child custody, support, or alimony (unless the assigned judge is not the same judge from your previous cases).
  • Before the juvenile court or the Business and Chancery Court.
  • A case where the judge is acting as a water or tax judge.
  • On remand (sent back) from an appellate court.
  • A case that must stay in the current county and cannot be moved (usually because a request to move it has already been denied). 

You do not have to give a reason to change the judge if all parties agree to the change. The county size and case type rules from Step 1 do not apply when everyone agrees.

Make sure you meet all of these requirements:

  • All parties together can only do this one time for the whole case.

  • Everyone in the case must sign the notice.

  • The notice must state that you don't expect to add any more people to the case and that you have tried to serve everyone already named.  

The deadlines for changing a judge are very strict. If you miss the deadline, you lose your right to change the judge.

If you are changing the judge by yourself:

  • If you started the case: You must file within seven days after the judge was first assigned.

  • If you are the other side: You must file within seven days after you were served with the papers, or seven days after you file your first paper (whichever date comes first).
  • Or if the case involves a district court panel: You must file within seven days of receiving notice of the judges assigned to the district court panel. 

If everyone agrees to the change:

  • You must file within 90 days after the case starts, or before the court sets a trial date (whichever comes first). 
  • Or if the case involves a district court panel, you must file within 90 days of receiving notice of the judges assigned to the district court panel.

 

Next, you need to fill out the form for your Notice of a Change of Judge. Pick the option that matches your situation. 

If you are changing the judge by yourself:

FAMILY Law Cases:

1700FA - Notice of a Change of Judge by One Party - Family

OTHER Kinds of Cases:

1700GE - Notice of a Change of Judge by One Party - General

If everyone agrees to the change:

FAMILY LAW CASES

1702FA - Notice of a Change of Judge by Agreement of the Parties - Family

OTHER KINDS OF CASES

1702GE - Notice of a Change of Judge by Agreement of the Parties - General

Next, you need to give your papers to the court. This is called filing.

After you file the notice, the court will give it to the right people. This will count as sending a copy to the presiding judge or officer of the Judicial Council. You do not have to do that separately.

  1. How to file the case: Select ONE:
    • 1 In person: Take your documents to the court clerk's office.
    • eFiling (filing documents electronically): My Court Case (online system). Is available only for eviction cases, debt collection, cohabitant abuse protective orders, criminal law, small claims, traffic and name or sex designation change.
    • 1 Email:  Send copies to your court's e-mail address (find it here), write "Filing for [your case number]" on the subject line, documents must be in English, completely filled out and only in black and white.
    • 1  Mail: The slowest method. Documents are filed only once received at the courthouse. 
  2. Obtain copies: Request a copy showing the date if delivered in person. 

Need more help? See our page on filing procedures.

Next, you need to send the papers you filed to the other people in your case. Even if everyone signed the papers, you must still give them a final copy. This is called service. 

⚠️You must get a copy of your papers to everyone else before or on the same day that you turn them in to the court.

Step 1: Who Gets Copies: Send to all parties (or their lawyer or licensed paralegal professional)

Step 2: How to Send: Choose ONLY one way:

  • Email.
  • Hand delivery: give directly to the person.
  • Mail: last known address.
  • MyCourtCase (online system) if you can file online (only some case types - not family law) AND the other party has an account or is represented by a lawyer.
  • One of the other ways allowed under court rules.

Step 3: Prove it: Fill out the "Certificate of Service" (usually on the last page of your court form) and file it with your court papers. This is required. 

What happens next depends:

  • If you are changing the judge by yourself:
    • The court will promptly assign another judge who works in the same county.
    • If another judge cannot be assigned in that county, the action may be transferred to a court in a different county.
  • If everyone agrees to the change:
    • The lead (presiding) judge will review your notice to make sure it follows the rules. If the notice follows the rules, the lead judge will assign a new judge to your case.
  • If the case involves a district court panel:
    • The presiding officer of the Judicial Council will review the notice to make sure it follows the rules. If the notice follows the rules, a new judge will be assigned based on the random selection process under Rule 4-102 of the Utah Code of Judicial Administration.

How to disqualify a judge

If you believe the judge in your case cannot be fair, you have the option to file a motion to disqualify. This is different from using your legal right to change a judge. To disqualify a judge, you must file a sworn statement (an affidavit) stating facts sufficient to show the judge is biased, prejudiced, or has a conflict of interest. URCP Rule 63 (Rules of Civil Procedure)

You cannot disqualify a judge just because you disagree with their legal rulings or because they ruled against you in the past. 

When is the deadline to file a motion to disqualify?

You must file the motion to disqualify within 21 days after you find out about the problem. If a hearing is scheduled sooner, you must file as soon as possible. See our Motions page for instructions and the forms. 

What are the penalities for filing a motion to disqualify for the wrong reasons?

When you sign your papers, you are promising that your facts are true and that you have a good legal reason to file.

If you file these documents just to waste time, stall the case, or bully the other side, the court can punish you with sanctions. This could mean you have to pay a fine or pay for the other side's lawyer.

What happens next

Once you file your Motion to Disqualify, the judge must stop all work on the case. They cannot hold hearings or sign orders until a decision is made.

The judge will then do one of two things:

  • Grant the motion: The judge steps down, and a new judge is assigned.

  • Refer the motion: The judge sends your papers to a different judge (a "reviewing judge"). This judge looks at the court record to see if it supports your facts. They will then sign an order either granting or denying your motion. No other parties are allowed to file a response.

 

 

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