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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 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],
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Select as applicable. |
[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],]]
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Select as applicable. |
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
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Select as applicable. |
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]].
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Continue with the following. |
[Name of movant] prays that the Court grant the Motion to Recuse Judge.
[Name]
Attorney for [name of movant]
State Bar No.:
[Email 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 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
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For certificate of service, see form 21-11. |
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File the following order as a separate document. |
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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 recuse himself immediately. For an order of recusal after hearing, see form 8-13. |
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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 Recusal
On presentation to the Court of the Motion to Recuse Judge filed by [name of movant], [party designation], on [date], 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