§ RULE 3-505 DISQUALIFICATION OF JUDGE

Codes > Maryland Rules > Title 3 > Chapter 500 > RULE 3-505

RULE 3-505. DISQUALIFICATION OF JUDGE

    (a) Request for Recusal. A party who believes that a fair and impartial trial cannot be had before the judge to whom the action has been assigned may request the assigned judge to disqualify himself or herself. If the judge grants the request, the action shall be reassigned by the administrative judge of the district or a person designated by the administrative judge.

    (b) Motion and Affidavit. Without a request for recusal, or upon denial of a request by the assigned judge, a party may at any time before trial file a motion for reassignment with the administrative judge of the district or, if the assigned judge is the administrative judge of the district, with the Chief Judge of the District Court. The motion shall be accompanied by an affidavit alleging that the party cannot receive a fair and impartial trial before the assigned judge and setting forth reasonable grounds for the allegation. If the motion is granted, the action shall be reassigned.

    (c) Further Reassignment by Another Party. When an action is reassigned upon motion of one party, any other party may obtain further reassignment pursuant to this Rule.

    Source: This Rule is derived from former M.D.R. 542.