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Chapter 8

Form 8-11

Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

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

Motion to Disqualify Judge

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

Select 1.4. as applicable.

1.Judge [name] has served as a lawyer in the matter in controversy, in that [state facts].

2.[Name], a lawyer with whom Judge [name] previously practiced law, served during their association as a lawyer concerning the matter in controversy, in that [state facts].

3.Judge [name] has an interest, individually or as a fiduciary, in the subject matter of this case, in that [state facts].

4.Judge [name] is related by affinity or consanguinity within the third degree to [name], one of the parties to this case, in that [state facts].

Continue with the following.

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

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

An unsworn declaration may be used in place of a verification. See form 8-27.

Verification

The undersigned states under oath: “I am Movant in the foregoing Motion to Disqualify 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

For certificate of service, see form 21-11.

File the following order as a separate document.

The following order is based on the provision of Tex. R. Civ. P. 18a(f)(1)(A) for the judge to disqualify himself immediately. For an order of disqualification after hearing, see form 8-13.

Include the following notice if a minor is named in the caption or if the order contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

Order of Disqualification

On presentation to the Court of the Motion to Disqualify Judge filed by [name of movant], [party designation], on [date], the undersigned judge disqualifies [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