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Rule 63. Disability or disqualification of a judge.

(a) Substitute judge; Prior testimony. If the judge towhom an action has been assigned is unable to perform his or her duties, then anyother judge of that district or any judge assigned pursuant to Judicial Councilrule is authorized to perform those duties. The judge to whom the case isreassigned may rehear the evidence or some part of it.

(b) Motion to disqualify; affidavit or declaration.

(b)(1) A party to anaction or the party's attorney may file a motion to disqualify a judge. Themotion must be accompanied by a certificate that the motion is filed in goodfaith and must be supported by an affidavit or declaration under penalty ofUtah Code Section 78B-5-705 stating factssufficient to show bias, prejudice or conflict of interest. The motion mustalso be accompanied by a request to submit for decision.

(b)(2) The motion mustbe filed after commencement of the action, but not later than 21 days after thelast of the following:

(b)(2)(A) assignment ofthe action or hearing to the judge;

(b)(2)(B) appearance ofthe party or the party's attorney; or

(b)(2)(C) the date onwhich the moving party knew or should have known of the grounds upon which themotion is based.

If the last event occursfewer than 21 days before a hearing, the motion must be filed as soon aspracticable.

(b)(3) Signing themotion or affidavit or declaration constitutes a certificate under Rule 11 and subjects theparty or attorney to the procedures and sanctions of Rule 11.

(b)(4) No party may filemore than one motion to disqualify in an action, unless the second orsubsequent motion is based on grounds that the party did not know of and couldnot have known of at the time of the earlier motion.

(b)(5) If timeliness ofthe motion is determined under paragraph (b)(2)(C) or paragraph (b)(4), theaffidavit or declaration supporting the motion must state when and how theparty came to know of the reason for disqualification.

(c) Reviewing judge.

(c)(1) The judge who isthe subject of the motion must, without further hearing or a response fromanother party, enter an order granting the motion or certifying the motion andaffidavit or declaration to a reviewing judge. The judge must take no further actionin the case until the motion is decided. If the judge grants the motion, theorder will direct the presiding judge of the court to assign another judge tothe action or hearing. Assignment in justice court cases will be in accordancewith Utah Code of Judicial Administration Rule 9-109.The presiding judge of thecourt, any judge of the district, or any judge of a court of like jurisdictionmay serve as the reviewing judge.

(c)(2) If the reviewingjudge finds that the motion and affidavit or declaration are timely filed,filed in good faith and legally sufficient, the reviewing judge shall assignanother 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 JudicialAdministration Rule 9-109.

(c)(3) In determiningissues of fact or of law, the reviewing judge may consider any part of therecord of the action and may request of the judge who is the subject of themotion an affidavit or declaration responding to questions posed by thereviewing judge.

(c)(4) The reviewingjudge may deny a motion not filed in a timely manner.

 

Effective April 1, 2018