Rule 63.Disability or disqualification of a judge.
(a)Substitute judge; Prior testimony. If the judge to whom an action has beenassigned is unable to perform his or her duties, then any other judge of thatdistrict or any judge assigned pursuant to Judicial Council rule is authorizedto perform those duties. The judge to whom the case is reassigned may rehearthe evidence or some part of it.
(b) Motion to disqualify; affidavit ordeclaration.
(b)(1) A party to an action or the party'sattorney may file a motion to disqualify a judge. The motion must beaccompanied by a certificate that the motion is filed in good faith and must besupported by an affidavit or declaration under penalty of Utah Code Section 78B-5-705stating facts sufficient to show bias, prejudice or conflict of interest. Themotion must also be accompanied by a request to submit for decision.
(b)(2)) The motion must be filed aftercommencement of the action, but not later than 21 days after the last of thefollowing:
(b)(2)(A) assignment of the action orhearing to the judge;
(b)(2)(B) appearance of the party or theparty's attorney; or
(b)(2)(C) the date on which the moving partyknew or should have known of the grounds upon which the motion is based.
If the last event occurs fewer than 21 days beforea hearing, the motion must be filed as soon as practicable.
(b)(3) Signing the motion or affidavit ordeclaration constitutes a certificate under Rule 11 and subjects the party or attorney to the procedures and sanctions ofRule 11.
(b)(4) No party may file more than onemotion to disqualify in an action, unless the second or subsequent motion isbased on grounds that the party did not know of and could not have known of atthe time of the earlier motion.
(b)(5) If timeliness of the motion isdetermined under paragraph (b)(2)(C) or paragraph (b)(4), the affidavit ordeclaration supporting the motion must state when and how the party came toknow of the reason for disqualification.
(c)(1) The judge who is the subject of themotion must, without further hearing or a response from another party, enter anorder granting the motion or certifying the motion and affidavit or declarationto a reviewing judge. The judge must take no further action in the case untilthe motion is decided. If the judge grants the motion, the order will directthe presiding judge of the court or, if the court has no presiding judge, thepresiding officer of the Judicial Council to assign another judge to the actionor hearing. The presiding judge of the court, any judge of the district, anyjudge of a court of like jurisdiction, or the presiding officer of the JudicialCouncil may serve as the reviewing judge.
(c)(2) If the reviewing judge finds that themotion and affidavit or declaration are timely filed, filed in good faith andlegally sufficient, the reviewing judge shall assign another judge to theaction or hearing or request the presiding judge or the presiding officer ofthe Judicial Council to do so.
(c)(3) In determining issues of fact or oflaw, the reviewing judge may consider any part of the record of the action andmay request of the judge who is the subject of the motion an affidavit ordeclaration responding to questions posed by the reviewing judge.
(c)(4) The reviewing judge may deny a motionnot filed in a timely manner.
Effective date May 1, 2016