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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 other disability, thejudge before whom a trial has begun is unable to continue with the trial, anyother judge of that court or any judge assigned by the presiding officer of theJudicial Council, upon certifying that the judge is familiar with the record ofthe trial, may, unless otherwise disqualified, proceed with and finish thetrial, but if the assigned judge is satisfied that neither the judge nor asubstitute judge can proceed with the trial, the judge may grant a new trial.

 

(a)(2) Substitute judgeafter guilty verdict. If, by reason of death, sickness,or other disability, the judge before whom a defendant has been tried is unableto perform the duties required of the court after a verdict of guilty, anyother judge of that court or any judge assigned by the presiding officer of theJudicial 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. Themotion shall be accompanied by a certificate that the motion is filed in goodfaith and shall be supported by an affidavit stating facts sufficient to showbias 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)(iassignment of theaction 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 be filed assoon 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. The moving party neednot file a Request to Submit for Decision under Rule 12. The motion will besubmitted for decision upon filing.

 

(b)(2) Reviewing judge;reassignment.

 

(b)(2)(A) The judgeagainst whom the motion and affidavit are directed shall, withoutfurther hearing, enter an order granting the motion or certifying the motionand affidavit to a reviewing judge. The judge shall take no further action inthe case until the motion is decided. If the judge grants the motion, the ordershall direct the presiding judge of the court to assign another judge to theaction or hearing. Assignment in justice court cases will be in accordance withUtah 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 jurisdiction,may serve as the reviewing judge.

 

(b)(2)(B) If the reviewingjudge finds that the motion and affidavit are timely filed, filed in goodfaith and legally sufficient, the reviewing judge shall assign another judge tothe action 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.

 

(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 courtsof record, if a party believes that a fair and impartial trial cannot be had inthe court location or in the county where the action is pending, that party maymove to have the trial of the case take place with a jury from another countyor the case transferred to a court location in a county where a fair trial maybe held. Such motion shall be supported by an affidavit setting forthfacts.

 

(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 justicecourts, if a party believes that a fair and impartial trial cannot be had inthe court location or in the county where the action is pending, that party maymove to have the trial of the case take place with a jury from another countyor in a court location where a fair trial may be held.  Such motionshall be supported by an affidavit setting forth facts.

 

(c)(2)(B) If the courtis satisfied that the representations made in the affidavit required bysubsection (c)(2)(A) are true and justify a change ofjury pool or location, the court shall enter an order selecting a jury from acounty free from the objection; or directing that trial proceedings be held ina court location free from the objection. If the court is not satisfiedthat the representations justify an alternate jury pool or relocation of thetrial, the court shall either enter an order denying the motion or order ahearing to receive further evidence with respect to the alleged prejudice andresolve 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.

 

Effective April 1, 2018