1st Sub. (Buff) H.J.R. 8 02-07-24 9:17 AM
26 rules of procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of
27 all members of both houses of the Legislature:
28 Section 1. Rule 63, Utah Rules of Civil Procedure is amended to read:
29 Rule 63. Disability or disqualification of a judge.
30 (a) Disqualification of a judge without cause.
31 (a) (1) Motion to disqualify without cause.
32 (a) (1) (A) In a civil action pending in a court in a county with seven or more district
33 court judges, each side may file a motion to disqualify one judge without cause.
34 (a) (1) (B) If the motion to disqualify a judge without cause is timely under paragraph
35 (a)(2), the motion must be granted.
36 (a) (1) (C) Even if two or more parties on one side of a civil action have adverse or
37 hostile interests, the action, whether single or consolidated, must be treated as only having two
38 sides for purposes of a motion to disqualify a judge without cause.
39 (a) (1) (D) In a civil action, a side is not entitled to more than one disqualification of a
40 judge without cause.
41 (a) (1) (E) Regardless of when a party joins a civil action, a party is not entitled to a
42 motion to disqualify a judge without cause if the motion is untimely under paragraph (a)(2).
43 (a) (1) (F) Nothing in this paragraph (a) precludes the right of any party to file a motion
44 to disqualify a judge for cause under paragraph (b).
45 (a) (2) Filing a motion to disqualify a judge without cause.
46 (a) (2) (A) In filing a motion to disqualify a judge without cause, a party is not required
47 to state any reason for disqualifying the judge, but the party must attest in good faith that the
48 motion is not being filed:
49 (a) (2) (A) (i) for the purpose to delay any action or proceeding; or
50 (a) (2) (A) (ii) to disqualify the judge on the grounds of race, gender, or religious
51 affiliation.
52 (a) (2) (B) The motion must be filed:
53 (a) (2) (B) (i) on the side of a plaintiff or petitioner, within seven days after the day on
54 which a judge is first assigned to the action or proceeding; or
55 (a) (2) (B) (ii) on the side of a defendant or respondent, ۼ [before or] within seven days
55a after the day on which the defendant or respondent is served the complaint or petition, or »€
55b at the time of the first
56 filing by the defendant or respondent with the court €º , whichever occurs first »€ .
-2- House Committee Amendments 2-12-2024 ho/jc1