Motion to Disqualify Trial Judge
(MI)

Summary

This template is a motion to disqualify a judge from a Michigan civil action. This template includes practical guidance, drafting notes, and an optional clause. In Michigan, a party may raise the issue of a judge's disqualification by motion, or the judge may raise it. MCR 2.003(B). A judge to whom a case has been assigned may be disqualified for reasons that include (but are not limited to) the following: • The judge is biased or prejudiced for or against a party or attorney. • The judge, based on objective and reasonable perceptions, has either: o A serious risk of actual bias impacting the due process rights of a party as described in Caperton v. Massey, 556 U.S. 868, 876–90 (2009) –or– o Failed to adhere to the appearance-of-impropriety standard set forth in Canon 2 of the Michigan Code of Judicial Conduct • The judge has personal knowledge of disputed evidentiary facts concerning the proceeding. • The judge has been consulted or employed as an attorney in the matter in controversy. • The judge was a partner of a party, attorney for a party, or a member of a law firm representing a party within the preceding two years. • The judge knows that they, individually or as a fiduciary, or the judge's spouse, parent, or child (wherever residing), or any other member of the judge's family residing in the judge's household, have more than a de minimis economic interest in the subject matter in controversy that could be substantially impacted by the proceeding. • The judge or the judge's spouse, or a person within a third degree of relationship to either of them, or the spouse of such a person, is: o A party to the proceeding, or an officer, director, or trustee of a party o Acting as a lawyer in the proceeding o Known by the judge to have a more than de minimis interest that could be substantially affected by the proceeding –or– o To the judge's knowledge, likely to be a material witness in the proceeding MCR 2.003(C)(1). Note that if you move to disqualify a judge based on prejudice or bias, your client bears the heavy burden of overcoming the presumption of judicial impartiality. In re MKK, 286 Mich. App. 546, 566, 781 N.W.2d 132 (2009) (per curiam). When making the motion, set forth facts showing all grounds for disqualification. MCR 2.003(D)(2). File the motion within 14 days of the discovery of the grounds for disqualification. If the discovery is made within 14 days of the trial date, you must make the motion immediately. MCR 2.003(D)(1)(a). The motion should be accompanied by supporting affidavits, a brief, and notice of hearing. MCR 2.203(D)(2); MCR 2.119(A)(2), (3), (B)(1). This template includes a proof of service on opposing counsel. For a detailed discussion on moving to disqualify a trial judge in Michigan, see Disqualifying a Judge (MI). For details on making motions in Michigan generally, see Motion Practice Fundamentals (MI). For general formatting, filing, and service requirements, see Formatting Rules in Court Checklist (MI) and Filing and Serving Documents Other Than Initial Complaint and Summons (MI).