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Removing a Judge
Rule 63.03 – Notice to Remove: Any party or attorney may make and serve on the opposing party and file with the administrator a notice to remove. The notice shall be served and filed within ten days after the party receives notice of which judge or judicial officer is to preside at the trial or hearing, but not later than the commencement of the trial or hearing.
Form to remove is in MyCase Templates: FAM – Notice to Remove Judicial Officer
- This can only be done once per file
- No reason is needed or given to the court
- Must be done within 10 days of assignment
- The Judge must not have already presided over any hearing in the case, even if it was within the first 10 days
Some counties (FOR SURE OLMSTED) may require a proposed order be submitted with the Notice to Remove. If so, there is a template in MyCase for that: