Rule 18a.Recusal and Disqualification of Judges

Last amended August 1, 2011 · Last verified June 28, 2026

In one sentenceRule 18a sets the procedure for asking a trial judge to step aside: a verified motion stating Rule 18b grounds, filed on time, that the judge must either grant or refer within three business days to the regional presiding judge, who rules or assigns another judge to rule.

Full Text of Rule 18a

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

(a) Motion; Form and Contents. A party in a case in any trial court other than a statutory probate court or justice court may seek to recuse or disqualify a judge who is sitting in the case by filing a motion with the clerk of the court in which the case is pending. The motion:

(1) must be verified;

(2) must assert one or more of the grounds listed in Rule 18b;

(3) must not be based solely on the judge’s ruling in the case; and

(4) must state with detail and particularity facts that:

(A) are within the affiant’s personal knowledge, except that facts may be stated on information and belief if the basis for that belief is specifically stated;

(B) would be admissible in evidence; and

(b) Time for Filing Motion.

(1) Motion to Recuse. A motion to recuse:

(A) must be filed as soon as practicable after the movant knows of the ground stated in the motion; and

(B) must not be filed after the tenth day before the date set for trial or other hearing unless, before that day, the movant neither knew nor reasonably should have known:

(i) that the judge whose recusal is sought would preside at the trial or hearing; or

(ii) that the ground stated in the motion existed.

(2) Motion to Disqualify. A motion to disqualify should be filed as soon as practicable after the movant knows of the ground stated in the motion.

(1) By Another Party. Any other party in the case may, but need not, file a response to the motion. Any response must be filed before the motion is heard.

(2) By the Respondent Judge. The judge whose recusal or disqualification is sought should not file a response to the motion.

(d) Service of Motion or Response. A party who files a motion or response must serve a copy on every other party. The method of service must be the same as the method of filing. If possible.

(e) Duty of the Clerk.

(1) Delivery of a Motion or Response. When a motion or response is filed, the clerk of the court must immediately deliver a copy to the respondent judge and to the presiding judge of the administrative judicial region in which the court is located (“the regional presiding judge”).

(2) Delivery of Order of Recusal or Referral. When a respondent judge signs and files an order of recusal or referral, the clerk of the court must immediately deliver a copy to the regional presiding judge.

(f) Duties of the Respondent Judge; Failure to Comply.

(1) Responding to the Motion. Regardless of whether the motion complies with this rule, the respondent judge, within three business days after the motion is filed, must either:

(A) sign and file with the clerk an order of recusal or disqualification; or

(B) sign and file with the clerk an order referring the motion to the regional presiding judge.

(2) Restrictions on Further Action.

(A) Motion Filed Before Evidence Offered at Trial. If a motion is filed before evidence has been offered at trial, the respondent judge must take no further action in the case until the motion has been decided, except for good cause stated in writing or on the record.

(B) Motion Filed After Evidence Offered at Trial. If a motion is filed after evidence has been offered at trial, the respondent judge may proceed, subject to stay by the regional presiding judge.

(3) Failure to Comply. If the respondent judge fails to comply with a duty imposed by this rule, the movant may notify the regional presiding judge.

(g) Duties of Regional Presiding Judge.

(1) Motion. The regional presiding judge must rule on a referred motion or assign a judge to rule. If a party files a motion to recuse or disqualify the regional presiding judge, the regional presiding judge may still assign a judge to rule on the original, referred motion. Alternatively, the regional presiding judge may sign and file with the clerk an order referring the second motion to the Chief Justice for consideration.

(2) Order. The ruling must be by written order.

(3) Summary Denial for Noncompliance.

(A) Motion to Recuse. A motion to recuse that does not comply with this rule may be denied without an oral hearing. The order must state the nature of the noncompliance. Even if the motion is amended to correct the stated noncompliance, the motion will count for purposes of determining whether a tertiary recusal motion has been filed under the Civil Practice and Remedies Code.

(B) Motion to Disqualify. A motion to disqualify may not be denied on the ground that it was not filed or served in compliance with this rule.

(4) Interim Orders. The regional presiding judge or judge assigned to decide the motion may issue interim or ancillary orders in the pending case as justice may require.

(5) Discovery. Except by order of the regional presiding judge or the judge assigned to decide the motion, a subpoena or discovery request may not issue to the respondent judge and may be disregarded unless accompanied by the order.

(6) Hearing.

(A) Time. The motion must be heard as soon as practicable and may be heard immediately after it is referred to the regional presiding judge or an assigned judge.

(B) Notice. Notice of the hearing must be given to all parties in the case.

(C) By Telephone. The hearing may be conducted by telephone on the record. Documents submitted by facsimile or email, otherwise admissible under the rules of evidence, may be considered.

(7) Reassignment of Case if Motion Granted. If the motion is granted, the regional presiding judge must transfer the case to another court or assign another judge to the case.

(h) Sanctions. After notice and hearing, the judge who hears the motion may order the party or attorney who filed the motion, or both, to pay the reasonable attorney fees and expenses incurred by other parties if the judge determines that the motion was:

(1) groundless and filed in bad faith or for the purpose of harassment, or

(2) clearly brought for unnecessary delay and without sufficient cause.

(i) Chief Justice. The Chief Justice of the Supreme Court of Texas may assign judges and issue any orders permitted by this rule or pursuant to statute.

(j) Appellate Review.

(1) Order on Motion to Recuse.

(A) Denying Motion. An order denying a motion to recuse may be reviewed only for abuse of discretion on appeal from the final judgment.

(B) Granting Motion. An order granting a motion to recuse is final and cannot be reviewed by appeal, mandamus, or otherwise.

(2) Order on Motion to Disqualify. An order granting or denying a motion to disqualify may be reviewed by mandamus and may be appealed in accordance with other law.

End

Notes and Comments

Comment to 2011 change: Rule 18a governs the procedure for recusing or disqualifying a judge sitting in any trial court other than a statutory probate court, justice court, or municipal court. Chapter 25 of the Government Code governs statutory probate courts, Rule 528 governs justice courts, and Chapter 29 of the Government Code governs municipal courts. Under Rule 18a, a judge’s rulings may not be the sole basis for a motion to rescue or disqualify the judge. But when one of more sufficient other bases are raised, the judge hearing the motion may consider evidence of rulings when considering whether to grant the motion. For purposes of this rule, the term “rulings” is not meant to encompass a judge’s statements or remarks about a case. The amendments to Rule 18b are not intended to be substantive.

Plain-English Summary

Rule 18a is the how-to for removing a judge from a case. It covers trial courts other than statutory probate and justice courts; the rule's official comment notes that municipal courts are governed by separate law. A party files a verified motion that states one or more grounds from Rule 18b, gives detailed facts, and does not rest on the judge's rulings alone. Timing matters: a motion to recuse must come as soon as the party knows the ground, and no later than the tenth day before trial or the hearing, with narrow exceptions for grounds the party could not have known.

Once the motion is filed, the judge has a choice but cannot ignore it. Within three business days, the judge must either sign an order recusing or disqualifying, or refer the motion to the presiding judge of the administrative judicial region. Until the motion is decided, a judge who received it before evidence was offered must take no further action except for good cause stated on the record.

The regional presiding judge then rules or assigns another judge to rule, by written order, after a hearing on notice to the parties. A recusal motion that does not follow the rule may be denied without a hearing, but a disqualification motion may not be denied for a filing defect. If the motion is granted, the case moves to another court or judge. The rule also allows attorney-fee sanctions for a motion brought in bad faith, to harass, or to delay. Appellate review is limited: a denied recusal is reviewed only for abuse of discretion after final judgment, a granted recusal is final, and a disqualification ruling can be tested by mandamus.

Frequently Asked Questions

How do you recuse a judge in Texas?

File a verified motion stating one or more grounds from Rule 18b, with detailed facts, as soon as you know the ground and no later than the tenth day before trial or the hearing. The judge must then grant it or refer it to the regional presiding judge within three business days.

What must a Texas recusal motion contain?

It must be verified, assert a Rule 18b ground, rest on more than the judge's rulings, and state detailed facts that are within the affiant's knowledge, would be admissible, and if proven would justify recusal or disqualification.

When must a motion to recuse be filed?

As soon as the party knows of the ground, and not after the tenth day before the date set for trial or hearing, unless the party neither knew nor reasonably should have known the judge would preside or that the ground existed.

Can you appeal an order on a recusal motion?

A denied recusal is reviewed only for abuse of discretion on appeal from the final judgment. A granted recusal is final and cannot be reviewed. An order on disqualification may be reviewed by mandamus.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 18a), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: recusal and disqualification of judgesmotion to recuserecuse a judgedisqualify a judgeregional presiding judgeTRCP 18a