Rule 63.Disability or disqualification of a judge

Part VII: Judgment · Last amended February 13, 2026 · Last verified July 13, 2026

In one sentenceRule 63 lets another judge step in when the assigned judge can't handle a case, and spells out how a party can move to disqualify a judge for bias or a conflict of interest.

Full Text of Rule 63

Text sizeJump to: (a) (b) (c) (d)

(a) Substitute judge; prior testimony. If the judge to whom an action has been assigned is unable to perform his or her duties, then any other judge of that district or any judge assigned pursuant to Judicial Council rule is authorized to perform those duties. The judge to whom the case is reassigned may rehear the evidence or some part of it.

(b) Motion to disqualify; affidavit or declaration.

(1) A party to an action or the party's attorney may file a motion to disqualify a judge.

(2) The motion must be accompanied by a certificate that the motion is filed in good faith and must be supported by an affidavit or unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act stating facts sufficient to show bias, prejudice or conflict of interest. The motion must also be accompanied by a request to submit for decision.

(3) The motion must be filed after commencement of the action, but not later than 21 days after the last of the following:

(A) assignment of the action or hearing to the judge;

(B) appearance of the party or the party’s attorney; or

If the last event occurs fewer than 21 days before a hearing, the motion must be filed as soon as practicable.

(4) Signing the motion or affidavit or declaration constitutes a certificate under Rule 11 and subjects the party or attorney to the procedures and sanctions of Rule 11.

(5) No party may file more than one motion to disqualify in an action, unless the second or subsequent motion is based on grounds that the party did not know of and could not have known of at the time of the earlier motion.

(6) If timeliness of the motion is determined under paragraph (b)(3)(C) or paragraph (b)(5), the affidavit or declaration supporting the motion must state when and how the party came to know of the reason for disqualification.

(1) The judge who is the subject of the motion must, without further hearing or a response from another party, enter an order granting the motion or certifying the motion and affidavit or declaration to a reviewing judge. The judge must take no further action in the case until the motion is decided. If the judge grants the motion, the order will direct the presiding judge of the court to assign another judge to the action or hearing. Assignment in justice court cases will be in accordance with Utah Code of Judicial Administration Rule 9-109. The presiding judge of the court, any judge of the district, or any judge of a court of like jurisdiction may serve as the reviewing judge.

(2) If the reviewing judge finds that the motion and affidavit or declaration are timely filed, filed in good faith and legally sufficient, the reviewing judge shall assign another judge to the action or hearing or request the presiding judge to do so. Assignment in justice court cases will be in accordance with Utah Code of Judicial Administration Rule 9-109.

(3) In determining issues of fact or of law, the reviewing judge may consider any part of the record of the action and may request of the judge who is the subject of the motion an affidavit or declaration responding to questions posed by the reviewing judge.

(4) The reviewing judge may deny a motion not filed in a timely manner.

(d) Disqualification of a judge on a district court panel.

(1) A party may file a motion to disqualify a judge on a district court panel but may not file a motion to disqualify a district court panel.

(2) The presiding officer of the Judicial Council is the reviewing judge for any motion to disqualify a judge on a district court panel.

(3) If a motion to disqualify is granted for a judge on a district court panel:

(A) the action is not reassigned to a new district court panel; and

(B) a new judge must be promptly assigned in accordance with the random selection process in the Utah Code of Judicial Administration for a district court panel.

End

Amendment History

Amended effective November 1, 1999; November 1, 2006; May 1, 2014; May 1, 2016; April 1, 2018; May 8, 2018; February 13, 2026.

Plain-English Summary

Two different situations sit inside this rule. The first is administrative: if the judge assigned to a case can't perform judicial duties — because of illness, reassignment, or anything else — any other judge of that district, or a judge assigned under the Judicial Council's rules, can pick up the case. The new judge may rehear evidence already taken, or any part of it, rather than starting from scratch.

The second situation is disqualification for cause. A party or attorney who believes a judge is biased, prejudiced, or conflicted can file a motion to disqualify, backed by a certificate of good faith and an affidavit or unsworn declaration laying out the specific facts. The motion has to be filed within 21 days of the latest of three triggers: the case or hearing being assigned to the judge, the party or attorney's appearance, or the date the party knew or should have known the grounds existed. If that 21-day window would run past a hearing that's coming up sooner, the motion has to go in as soon as practicable instead. A party gets one shot at this in a case, unless a later motion rests on grounds the party had no way to know about and couldn't have discovered earlier. Because signing the motion or supporting affidavit counts as a Rule 11 certification, filing one without a real basis exposes the signer to sanctions.

The judge who is the target of the motion doesn't get to rule on it. That judge must either grant it outright or certify the motion and affidavit to a reviewing judge — the presiding judge, another judge of the district, or a judge from a court of like jurisdiction — without holding a hearing first, and must take no further action in the case until the motion is resolved. The reviewing judge checks whether the motion was timely, filed in good faith, and legally sufficient before reassigning the case. A separate, parallel process applies when the judge being challenged sits on a district court panel: the presiding officer of the Judicial Council serves as the reviewing judge there.

Frequently Asked Questions

How long do I have to file a motion to disqualify a judge in Utah?

Within 21 days of the latest of: the assignment of the action or hearing to the judge, your appearance (or your attorney's), or the date you knew or should have known the grounds for disqualification existed. If that deadline would fall fewer than 21 days before a scheduled hearing, file the motion as soon as practicable instead.

Can I file more than one motion to disqualify against the same judge?

No, not in the same action — unless a later motion is based on grounds you didn't know about and couldn't have known about when you filed the first one.

Does the judge I'm trying to disqualify get to decide my motion?

No. That judge must either grant the motion or certify it, along with the supporting affidavit or declaration, to a reviewing judge — without a hearing or a response from the other side — and must take no further action in the case until it's decided.

What has to support a motion to disqualify a judge?

A certificate that the motion is filed in good faith, an affidavit or unsworn declaration stating facts sufficient to show bias, prejudice, or a conflict of interest, and a request to submit the motion for decision.

What happens if my disqualification motion isn't well-grounded?

Signing the motion or the supporting affidavit or declaration counts as a certification under Rule 11, which means an unfounded motion can expose the party or attorney who signed it to Rule 11 sanctions.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source

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