Supreme Court Rules - Rule 32 - Rules of Criminal Procedure - Misdemeanors or Felonies - Venue Including Change of Venue and Change of Judge - Disability of Judge: Misdemeanors or Felonies - Preliminary Examination - Change of Judge

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Supreme Court Rules

		Section/Rule:	32.06
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 - Preliminary Examination - Change of Judge - Procedure	Revised / Effective Date:	January 1, 1996

32.06. Misdemeanors or Felonies - Preliminary Examination - Change of Judge - Procedure

(a) A change of judge shall be ordered before a preliminary examination upon the filing of a written application therefor not later than ten days prior to the initial date set for examination or within ten days of the designation of the judge, whichever is later; provided that the change of judge shall be requested prior to the commencement of the preliminary examination. 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) 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.

(c) If the application is timely filed, the judge shall promptly sustain the application and notify the presiding judge who shall assign a judge within the circuit or request this Court to transfer a judge.

(Adopted April 20, 1981, eff. Jan. 1, 1982. Amended Dec. 21, 1993, eff. Jan. 1, 1995; Jan. 25, 1995, eff. Jan. 1, 1996.)

Committee Note – 1982

Paragraph (a) is new.
Compare: Rule 51.05(a) and (b)
Paragraph (b) is new.
Compare: Rule 51.05(c)
Paragraph (c) is new.
The following application would be sufficient:
“(Caption)
__________ requests a change of judge.
(Signature and address of attorney or party.)”