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Section/Rule:
32.07
Subject:
Rule 32 - Rules of Criminal Procedure - Misdemeanors or Felonies - Venue Including Change of Venue and Change of Judge - Disability of Judge
Publication / Adopted Date:
April 20, 1981
Topic:
Misdemeanors or Felonies - Change of Judge - Procedure
Revised / Effective Date:
January 1, 1996
32.07. Misdemeanors or Felonies - Change of Judge - Procedure
(
a
) Except as provided in
Rule 32.06
, a change of judge shall be ordered in any criminal proceeding upon the timely filing of a written application therefor by any party. The applicant need not allege or prove any reason for such change. The application need not be verified and may be signed by any party or an attorney for any party.
(
b
) In felony and misdemeanor cases the application must be filed not later than ten days after the initial plea is entered. If the designation of the trial judge occurs more than ten days after the initial plea is entered, the application shall be filed within ten days of the designation of the trial judge or prior to commencement of any proceeding on the record, whichever is earlier.
(
c
) A copy of the application and a notice of the time when it will be presented to the court shall be served on all parties.
(
d
) Upon the presentation of a timely application for change of judge, the judge promptly shall sustain the application. The disqualified judge shall thereupon:
(1) If
the case is being heard by an associate circuit judge, notify the presiding judge who shall assign a judge within the circuit or request this Court to transfer a judge.
(2) If the case is being heard by the only circuit judge in the circuit, or by an associate circuit judge after the disqualification of the only circuit judge in the circuit, request this Court to transfer a judge.
(3) If the case is being heard by a circuit judge in a circuit having two circuit judges, transfer the case to the other circuit judge or request this Court to transfer a judge.
(4) If the case is being heard by a circuit judge in a circuit having three or more circuit judges, transfer the case to the presiding judge for assignment by lot or the presiding judge may request this Court to transfer a judge or the case may be assigned in accordance with local court rules.
(
e
) If after a change of judge has been granted the action shall be removed on application of another party to some other county in the same circuit, the transferred judge shall continue as the judge therein.
(Adopted April 20, 1981, eff. Jan. 1, 1982. Amended Dec. 21, 1993, eff. Jan. 1, 1995; May 30, 1995, eff. Jan. 1, 1996.)
Committee Note – 1982
Paragraph (a) is new.
Compare: Rule
51.05(a)
, prior Rule
22.05
and prior Rule
30.12
.
Paragraph (b) is new.
Compare: Rule
51.05(b)
and prior Rule
22.05
.
Paragraph (c) is new.
Compare: Rule
51.05(b)
and prior Rule
30.12
.
Paragraph (d) is new.
Compare: Rule
51.05(c)
.
Paragraph (e) is new.
Compare: Rule
51.05(e)
and prior Rule
30.13
.
The following application would be sufficient:
“(Caption)
_________ requests a change of judge.
(Signature and address of attorney or party.)
