In any such situation the application shall be by petition, verified by the applicant, and shall be filed before the trial of the contempt proceeding. When anyĭefendant in a proceeding for contempt arising from an attack upon the character or conduct of a judge occurring otherwise than in open court, and the proceeding is pending before the judge whose character or conduct was impugned, fears that he or she will not receive a fair and impartial trial before that judge. (4) Substitution in contempt proceedings. If the petition is denied, the case shall be assigned back to the judge named in the petition. If the petition is allowed, the case shall be assigned to a judge not named in the petition. The judge named in the petition need not testify but may submit an affidavit if the judge wishes. Substitution of judge for cause, a hearing to determine whether the cause exists shall be conducted as soon as possible by a judge other than the judge named in the petition. The petition shall be verified by the affidavit of the applicant. (ii) Every application for substitution of judgeįor cause shall be made by petition, setting forth the specific cause for substitution and praying a substitution of judge. Substitution or substitutions of judge for cause. In the case and has not been found in default, rulings in the case by the judge on any substantial issue before the party's appearance shall not be grounds for denying an otherwise timely application for substitution of judge as of right by the party. (iii) If any party has not entered an appearance Of right shall be made by motion and shall be granted if it is presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case, or if it is presented by consent of the parties. (ii) An application for substitution of judge as Substitution of judge without cause as a matter of right. When a party timelyĮxercises his or her right to a substitution without cause as provided in this paragraph (2). In any such situation a substitution of judge may be awarded by the court with or without the application of either party.
Or interested in the action, or his or her testimony is material to either of the parties to the action, or he or she is related to or has been counsel for any party in regard to the matter in controversy. (a) A substitution of judge in any civil action may be had in the followingsituations: