Rule 63. Disability or disqualification of a judge.
(a) Substitute
judge; Prior testimony. If
the judge to whom an action has been assigned is unable to perform his or her
duties, then any other judge of that district or any judge assigned pursuant to
Judicial Council rule is authorized to perform those duties. The judge to whom
the case is reassigned may rehear the evidence or some part of it.
(b) Motion to
disqualify; affidavit or declaration.
(b)(1) A party to an action or the party's
attorney may file a motion to disqualify a judge. The motion must be
accompanied by a certificate that the motion is filed in good faith and must be
supported by an affidavit or unsworn declaration as described in Title 78B,
Chapter 18a, Uniform Unsworn Declarations Act stating facts sufficient to
show bias, prejudice or conflict of interest. The motion must also be
accompanied by a request to submit for decision.
(b)(2) The motion must be filed after
commencement of the action, but not later than 21 days after the last of the
following:
(b)(2)(A) assignment of
the action or hearing to the judge;
(b)(2)(B) appearance of
the party or the party's attorney; or
(b)(2)(C) the date on
which the moving party knew or should have known of the grounds upon which the
motion is based.
If the last event occurs fewer than 21 days
before a hearing, the motion must be filed as soon as practicable.
(b)(3) Signing the motion or affidavit or
declaration constitutes a certificate under Rule 11 and subjects the party or attorney to the procedures and
sanctions of Rule 11.
(b)(4) No party may file more than one motion to
disqualify in an action, unless the second or subsequent motion is based on
grounds that the party did not know of and could not have known of at the time
of the earlier motion.
(b)(5) If timeliness of the motion is determined
under paragraph (b)(2)(C) or paragraph (b)(4), the affidavit or declaration
supporting the motion must state when and how the party came to know of the
reason for disqualification.
(c) Reviewing judge.
(c)(1) The judge who is the subject of the
motion must, without further hearing or a response from another party, enter an
order granting the motion or certifying the motion and affidavit or declaration
to a reviewing judge. The judge must take no further action in the case until
the motion is decided. If the judge grants the motion, the order will direct
the presiding judge of the court to assign another judge to the action or
hearing. Assignment in justice court cases will be in accordance with Utah Code
of Judicial Administration Rule 9-109.The presiding judge of the court, any
judge of the district, or any judge of a court of like jurisdiction may serve
as the reviewing judge.
(c)(2) If the reviewing judge finds that the
motion and affidavit or declaration are timely filed, filed in good faith and
legally sufficient, the reviewing judge shall assign another judge to the
action or hearing or request the presiding judge to do so. Assignment in
justice court cases will be in accordance with Utah Code of Judicial
Administration Rule 9-109.
(c)(3) In determining issues of fact or of law,
the reviewing judge may consider any part of the record of the action and may
request of the judge who is the subject of the motion an affidavit or
declaration responding to questions posed by the reviewing judge.
(c)(4) The reviewing judge may deny a motion not
filed in a timely manner.
Effective May 8, 2018 pursuant to CJA Rule 11-105(5)