Rule 63-I - Bias or Prejudice of a Judge or Magistrate Judge(a) RECUSAL FOR BIAS OR PREJUDICE. Whenever a party to any proceeding makes and files a sufficient affidavit that the judge or magistrate judge before whom the matter is to be heard has a personal bias or prejudice either against the party or in favor of any adverse party, the judge or magistrate judge must proceed no further, and another judge or magistrate judge must be assigned, in accordance with Rule 40 -I, to hear the proceeding.(b) CONTENT OF AFFIDAVIT; FILING. The affidavit must state the facts and the reasons for the belief that bias or prejudice exists and must be accompanied by a certificate of counsel of record stating that it is made in good faith. The affidavit must be filed at least 24 hours prior to the time set for hearing of such matter unless good cause is shown for the failure to file by such time.COMMENT TO 2017 AMENDMENTS
Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.
COMMENT
Rule 63 -I is substantially identical to 28 U.S.C. § 144.