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Rule 63. Disability or disqualification of a judge.

(a) Substitutejudge; Prior testimony. Ifthe judge to whom an action has been assigned is unable to perform his or herduties, then any other judge of that district or any judge assigned pursuant toJudicial Council rule is authorized to perform those duties. The judge to whomthe case is reassigned may rehear the evidence or some part of it.

(b) Motion todisqualify; affidavit or declaration.

(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 unsworn declaration as described in Title 78B,Chapter 18a, Uniform Unsworn Declarations Act stating facts sufficient toshow bias, prejudice or conflict of interest. The motion must also beaccompanied 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 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 occurs fewer than 21 daysbefore a 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 andsanctions of Rule 11.

(b)(4) No party may file more than one motion todisqualify in an action, unless the second or subsequent motion is based ongrounds that the party did not know of and could not have known of at the timeof the earlier motion.

(b)(5) If timeliness of the motion is determinedunder paragraph (b)(2)(C) or paragraph (b)(4), the affidavit or declarationsupporting the motion must state when and how the party came to know of thereason for disqualification.

(c) Reviewing judge.

(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 to assign another judge to the action orhearing. Assignment in justice court cases will be in accordance with Utah Codeof Judicial Administration Rule 9-109.The presiding judge of the court, anyjudge of the district, or any judge of a court of like jurisdiction may serveas 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 to do so. Assignment injustice court cases will be in accordance with Utah Code of JudicialAdministration 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 mayrequest 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 motion notfiled in a timely manner.

 

 

Effective May 8,2018 pursuant to CJA Rule 11-105(5)