Texas Government Code 29.052 – Motion for Recusal or Disqualification
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(a) A party in a hearing or trial in a municipal court, including a municipal court of record, may file with the clerk of the court a motion stating grounds for the recusal or disqualification of the municipal judge. The grounds may include any disability of the judge to preside over the case.
(b) A motion for the recusal or disqualification of a municipal judge must:
(1) be filed at least 10 days before the date of the hearing or trial, except as provided by Subsection (c);
(2) be verified; and
(3) state with particularity the alleged grounds for recusal or disqualification of the judge based on:
(A) personal knowledge that is supported by admissible evidence; or
(B) specifically stated grounds for belief of the allegations.
Terms Used In Texas Government Code 29.052
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) A motion for recusal or disqualification must be filed at the earliest practicable time before the beginning of the trial or other hearing if a judge is assigned to a case 10 or fewer days before the date set for a trial or hearing.