§ Rule 1.175 Disqualification of judges

Rule 1.175 Disqualification of judges

    The disqualifications prescribed for trial and appellate judges (20 O.S.1991 §§ 30.3, 1401, 1402) shall apply to judges of the Court of Civil Appeals.

    A judge of the Court of Civil Appeals may disqualify himself or herself on his or her own motion or at the request of a litigant. Motion to disqualify a judge of the Court of Civil Appeals shall be filed with the clerk of the Supreme Court within ten (10) days after the date notice of assignment is mailed to counsel. The motion shall be decided by the division. If the division should refuse to disqualify its judge, the aggrieved party may seek review in the Supreme Court by filing a petition within ten (10) days from the date of the division's order. When a judge is disqualified to hear a case,
the records of the division shall so show.

    When a Judge of the Court of Civil Appeals has disqualified or recused in a matter the Chief Judge or Vice-Chief Judge of that Court shall assign a Judge of the Court of Civil Appeals to the matter in substitution of the disqualified or recused Judge. When the assignment of Judge to a matter is necessary due to disqualification or recusal and the Chief Judge and Vice-Chief
Judge are disqualified or recused in that matter, they shall so certify to the Chief Justice of the Supreme Court and shall not assign another Judge to that matter.

    Adopted July 10, 1996

    Effective January 1, 1997