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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 2. JUDICIAL BRANCH |
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Subtitle A. COURTS |
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Chapter 29. MUNICIPAL COURTS |
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Subchapter A-1. RECUSAL OR DISQUALIFICATION OF MUNICIPAL JUDGES |
Sec. 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.
(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.