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Rule 29. Disability anddisqualification of a judge or change of venue.

 

(a) Disability.

(a)(1) Substitute judgeduring trial. If, by reason of death, sickness, or otherdisability, the judge before whom a trial has begun is unable to continue withthe trial, any other judge of that court or any judge assigned by the presidingofficer of the Judicial Council, upon certifying that the judge is familiarwith the record of the trial, may, unless otherwise disqualified, proceed withand finish the trial, but if the assigned judge is satisfied that neither thejudge nor a substitute judge can proceed with the trial, the judge may grant anew trial.

 

(a)(2) Substitute judgeafter guilty verdict. If, by reason ofdeath, sickness, or other disability, the judge before whom a defendant hasbeen tried is unable to perform the duties required of the court after averdict of guilty, any other judge of that court or any judge assigned by thepresiding officer of the Judicial Council may perform those duties.

 

(b) Disqualification.

(b)(1) Motion todisqualify.

 

(b)(1)(A) A party to anyaction or the party's attorney may file a motion to disqualify a judge. The motion shall be accompanied by a certificate that the motion isfiled in good faith and shall be supported by an affidavit stating factssufficient to show bias or prejudice, or conflict of interest.

 

(b)(1)(B) The motionshall be filed after commencement of the action, but not later than 21 daysafter the last of the following:

 

(b)(1)(B)(i) assignment of the action or hearing to the judge;

 

(b)(1)(B)(ii) appearance of the party or the party's attorney; or

 

(b)(1)(B)(iii) the date on which the moving party learns or with theexercise of reasonable diligence should have learned of the grounds upon whichthe motion is based.

If the last event occursfewer than 21 days prior to a hearing, the motion shall befiled as soon as practicable.

 

(b)(1)(C) Signing themotion or affidavit constitutes a certificate under Rule 11 of the Utah Rulesof Civil Procedure and subjects the party or attorney to the procedures andsanctions of Rule 11. No party may file more than one motion to disqualify inan action.

 

(b)(1)(D) The otherparties to the action may not file an opposition to the motion and if anyresponse is filed it will not be considered. Themoving party need not file a Request to Submit for Decision under Rule 12. Themotion will be submitted for decision upon filing.

 

(b)(2) Reviewing judge;reassignment.

 

(b)(2)(A) The judgeagainst whom the motion and affidavit are directedshall, without further hearing, enter an order granting the motion orcertifying the motion and affidavit to a reviewing judge. The judge shall takeno further action in the case until the motion is decided. If the judge grantsthe motion, the order shall direct the presiding judge of the court to assignanother judge to the action or hearing. Assignment in justice court cases willbe in accordance with Utah Code of Judicial Administration Rule 9-109. Thepresiding judge of the court, any judge of the district, or any judge of acourt of like jurisdiction, may serve as the reviewing judge.

 

(b)(2)(B) If thereviewing judge finds that the motion and affidavit aretimely filed, filed in good faith and legally sufficient, the reviewingjudge shall assign another judge to the action or hearing or request thepresiding judge to do so. Assignment in justice court cases will be inaccordance with Utah Code of Judicial Administration Rule 9-109.

 

(b)(2)(C) 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 and affidavit an affidavit responsive to questions posed by thereviewing judge.

 

(b)(2)(D) The reviewingjudge may deny a motion not filed in a timely manner.

 

(c) Change ofvenue.

(c)(1) Courts of record.

 

(c)(1)(A)In the courts of record, if a party believes that a fair and impartial trialcannot be had in the court location or in the county where the action ispending, that party may move to have the trial of the case take place with ajury from another county or the case transferred to a court location in acounty where a fair trial may be held. Such motion shall be supported byan affidavit setting forth facts.

 

(c)(1)(B) If the courtis satisfied that the representations made in the affidavit required bysubsection (c)(1)(A) are true and justify a change of jury pool or location,the court shall enter an order transferring the case, or selecting a jury froma county free from the objection. If the court is not satisfied that therepresentations justify an alternate jury pool or transfer of the case, thecourt shall either enter an order denying the motion or order a hearing toreceive further evidence with respect to the alleged prejudice and resolve thematter.      

 

(c)(2) Justice courts.

 

(c)(2)(A)In the justice courts, if a party believes that a fair and impartial trialcannot be had in the court location or in the county where the action ispending, that party may move to have the trial of the case take place with ajury from another county or in a court location where a fair trial may beheld.  Such motion shall be supported by an affidavit settingforth facts.

 

(c)(2)(B)If the court is satisfied that the representations made in the affidavitrequired by subsection (c)(2)(A) are true and justify a change of jury pool orlocation, the court shall enter an order selecting a jury from a county freefrom the objection; or directing that trial proceedings be held in a courtlocation free from the objection. If the court is not satisfied that therepresentations justify an alternate jury pool or relocation of the trial, thecourt shall either enter an order denying the motion or order a hearing to receivefurther evidence with respect to the alleged prejudice and resolve the matter.

 

(c)(3) Timing. A motionfiled pursuant to this subsection (c) shall be filed not later than 14 daysafter the party learns or with the exercise of reasonable diligence should havelearned of the grounds upon which the motion is based.

 

(d) Documents ofrecord. When a change of judge or place of trial is ordered alldocuments of record concerning the case shall, without delay, be transferred ormade available in the new location.

 

EffectiveApril 1, 2018