Form 8-10

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion to Recuse Judge

This Motion to Recuse Judge is brought by [name of movant], Movant, who shows in support:

1.The impartiality of Judge [name] might reasonably be questioned, in that [state facts].

2.Judge [name] has a personal bias or prejudice concerning [[name], a party to/the subject matter of] this case, in that [state facts].

3.Judge [name] has personal knowledge of disputed evidentiary facts in this case, in that [state facts].

4.Judge [name] has been a material witness concerning this proceeding.

5.[Name], a lawyer with whom Judge [name] previously practiced law, has been a material witness concerning this proceeding.

6.Judge [name], while acting as an attorney in government service, participated as counsel, adviser, or material witness in the matter in controversy or expressed an opinion con­cerning its merits, in that [state facts].

7.Judge [name], individually or as a fiduciary, [and/or] [name of spouse], the spouse of Judge [name], [and/or] [name of child], the minor child residing in the household of Judge [name],

[has/have] a financial interest in the subject matter in controversy, in that [state facts].

[has/have] a financial interest in [name], a party to the proceeding, in that [state facts].

[has/have] an interest that could be substantially affected by the outcome of the proceeding, in that [state facts].

8.[Judge [name]/[name of spouse], the spouse of Judge [name]/[name of relative], who is related by affinity or consanguinity within the third degree to [Judge [name]/[name of spouse], the spouse of Judge [name],]/[name of relative’s spouse], the spouse of [name of rel­ative], who is related by affinity or consanguinity within the third degree to [Judge [name]/[name of spouse], the spouse of Judge [name],]]

is a party to the proceeding.

is an officer, director, or trustee of [name], a party to this proceeding.

has an interest that could be substantially affected by the outcome of the proceeding, in that [state facts].

is likely to be a material witness in the proceeding, in that [state facts].

9.[Name], who is acting as a lawyer in this proceeding, is

Judge [name].

[name of spouse], the spouse of Judge [name].

related by affinity or consanguinity within the first degree to [Judge [name]/[name of spouse], the spouse of Judge [name]].

the spouse of [name], who is related by affinity or consanguinity within the first degree to [Judge [name]/[name of spouse], the spouse of Judge [name]].

[Name of movant] prays that the Court grant the Motion to Recuse Judge.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Verification

The undersigned states under oath: “I am Movant in the foregoing Motion to Recuse Judge. [I have personal knowledge of the allegations and facts stated in it, and they are true and correct/[specifically state grounds of belief, if facts are stated on information and belief]].”

   
Affiant

SIGNED under oath before me on ___________________________________.

   
Notary Public, State of Texas

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for [name of movant]

Order of Recusal

On presentation to the Court of this Motion to Recuse Judge, the undersigned judge recuses [himself/herself] from this case.

The Presiding Judge of this administrative judicial district is requested to assign another judge to sit in this case.

SIGNED on ________________________________.

   
JUDGE PRESIDING