28 U.S.C. § 144 — Bias or prejudice of judge
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 144 words · no verdicts yet
A party in a federal district court case can file a sworn statement saying the judge is biased. If the statement is timely and proper, that judge must step aside for another judge. The statement must give facts and reasons, be filed on time, and come with a lawyer's certificate of good faith.
Whenever a party to any proceeding in a district court* makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, § 65, 63 Stat. 99.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 898
- 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 99
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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