8 LONG TITLE
9 General Description:
10 This joint resolution amends the Utah Rules of Civil Procedure, Rule 63, regarding the
11 disqualification of a judge.
12 Highlighted Provisions:
13 This resolution:
14 ▸ amends the Utah Rules of Civil Procedure, Rule 63, on disqualifying a judge
15 without cause and for cause; and
16 ▸ makes technical and conforming changes.
17 Special Clauses:
19 Utah Rules of Civil Procedure Affected:
21 Rule 63, Utah Rules of Civil Procedure
23 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
24 of the two houses voting in favor thereof:
25 As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend
26 rules of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of
27 all members of both houses of the Legislature:
28 Section 1. Rule 63, Utah Rules of Civil Procedure is amended to read:
29 Rule 63. Disability or disqualification of a judge.
30 (a) Disqualification of a judge without cause.
31 (a) (1) Motion to disqualify without cause.
32 (a) (1) (A) In a civil action pending in a court in a county with seven or more district
33 court judges, each side may file a motion to disqualify one judge without cause, and if the
34 motion is timely under paragraph (a) (2), the motion must be granted.
35 (a) (1) (B) Even if two or more parties on one side of an action have adverse or hostile
36 interests, an action, whether single or consolidated, must be treated as only having two sides
37 for purposes of a motion to disqualify a judge without cause.
38 (a) (1) (C) In an action, a side may not file a motion for more than one disqualification
39 of a judge without cause.
40 (a) (1) (D) Regardless of when a party joins an action, a party may not file a motion to
41 disqualify a judge without cause if the motion is untimely under paragraph (a)(2).
42 (a) (1) (E) Nothing in this paragraph (a) precludes the right of any party to file a motion
43 to disqualify a judge for cause under paragraph (b).
44 (a) (2) Filing a motion to disqualify a judge without cause.
45 (a) (2) (A) In filing a motion to disqualify a judge without cause, a party is not required
46 to state any reason for disqualifying the judge, but the party must attest in good faith that the
47 motion is not being filed:
48 (a) (2) (A) (i) for the purpose to delay any action or proceeding; or
49 (a) (2) (A) (ii) to disqualify the judge on the grounds of race, gender, or religious
51 (a) (2) (B) The motion must be filed:
52 (a) (2) (B) (i) on the side of a plaintiff or petitioner, within seven days after the day on
53 which a judge is first assigned to the action or proceeding; or
54 (a) (2) (B) (ii) on the side of a defendant or respondent, before or at the time of the first
55 filing by the defendant or respondent with the court.
56 (a) (2) (C) A motion to disqualify a judge without cause must be accompanied by a
57 request to submit for decision.
58 (a) (2) (D) Failure to file a timely motion precludes the disqualification of a judge
59 under this paragraph (a).
60 (a) (3) Assignment of action.
61 (a) (3) (A) Upon the filing of a motion under paragraph (a)(1), the judge assigned to the
62 action must take no further action in the case.
63 (a) (3) (B) The action must be promptly reassigned to another judge within the county.
64 (a) (3) (C) If the action is unable to be reassigned to another judge within the county,
65 the action may be transferred to a court in another county in accordance with Utah Code
66 Section 78B-3-309.
67 (a) (4) Exceptions.
68 (a) (4) (A) Notwithstanding paragraphs (a)(1), (a)(2), and (a)(3), a party may not
69 disqualify a judge without cause:
70 (a) (4) (A) (i) in any proceeding regarding a petition for postconviction relief under
71 Rule 65C;
72 (a) (4) (A) (ii) on a petition to modify child custody, child support, or spousal
73 maintenance, unless the judge assigned to the action is not the same judge assigned to any of
74 the previous actions between the parties;
75 (a) (4) (A) (iii) in an action on remand from an appellate court; or
76 (a) (4) (A) (iv) if, under paragraph (a)(3)(C), an action is unable to be transferred to a
77 court in another county in accordance with Utah Code Section 78B-3-309.
78 (b) Disability or disqualification for cause.
80 been assigned is unable to perform his or her duties, then any other judge of that district or any
81 judge assigned pursuant to Judicial Council rule is authorized to perform those duties. The
82 judge to whom the case is reassigned may rehear the evidence or some part of it.
85 disqualify a judge for cause. The motion must be accompanied by a certificate that the motion
86 is filed in good faith and must be supported by an affidavit or unsworn declaration as described
87 in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act stating facts sufficient to show
88 bias, prejudice or conflict of interest. The motion must also be accompanied by a request to
89 submit for decision.
91 not later than 21 days after the last of the following:
95 known of the grounds upon which the motion is based. If the last event occurs fewer than 21
96 days before a hearing, the motion must be filed as soon as practicable.
98 certificate under Rule 11 and subjects the party or attorney to the procedures and sanctions of
99 Rule 11.
101 unless the second or subsequent motion is based on grounds that the party did not know of and
102 could not have known of at the time of the earlier motion.
105 supporting the motion must state when and how the party came to know of the reason for
109 must, without further hearing or a response from another party, enter an order granting the
110 motion or certifying the motion and affidavit or declaration to a reviewing judge. The judge
111 must take no further action in the case until the motion is decided. If the judge grants the
112 motion, the order will direct the presiding judge of the court to assign another judge to the
113 action or hearing. Assignment in justice court cases will be in accordance with Utah Code of
114 Judicial Administration Rule 9-109. The presiding judge of the court, any judge of the district,
115 or any judge of a court of like jurisdiction may serve as the reviewing judge.
117 declaration are timely filed, filed in good faith and legally sufficient, the reviewing judge shall
118 assign another judge to the action or hearing or request the presiding judge to do so.
119 Assignment in justice court cases will be in accordance with Utah Code of Judicial
120 Administration Rule 9-109.
122 consider any part of the record of the action and may request of the judge who is the subject of
123 the motion an affidavit or declaration responding to questions posed by the reviewing judge.