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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:
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].
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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.:
[E-mail address]
[Address]
[Telephone]
[Fax]
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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
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]
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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. |
Order of Disqualification
On presentation to the Court of this Motion to Disqualify Judge, 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