Mich. Admin. Code R. 418.86

Current through Vol. 24-21, December 1, 2024

Section R. 418.86 - Disqualification of magistrate

Rule 6.

(1) A party may bring a motion to disqualify a magistrate, or a magistrate may raise the issue on his or her own initiative.

(2) A magistrate is disqualified when the magistrate cannot impartially hear a case. Circumstances that warrant disqualification include, but are not limited to, circumstances where the magistrate:

(a) Is interested as a party.

(b) Is personally biased or prejudiced for or against a party or attorney.

(c) Has been consulted or employed as counsel.

(d) Was a partner of a party, attorney for a party, or a member of a law firm representing a party within the preceding 2 years.

(e) Is within the third degree under civil law of consanguinity or affinity to a person acting as an attorney or within the sixth degree under civil law to a party.

(f) Owns, or his or her spouse or minor child owns, a stock, bond, security, or other legal or equitable interest of a corporation that is a party. This subdivision does not apply to any of the following:

(i) Investments in securities traded on a securities exchange registered as a national securities exchange under the Securities Exchange Act of 1934, 15 USC 78a to 78pp.

(ii) Shares of an investment company registered under the Investment Company Act of 1940, 15 USC 80a-1to80a-64.

(iii) Securities of a public utility holding company registered under the Public Utility Holding Company Act of 2005, 42 USC 16451(8).

(g) Is disqualified for any other reason by law.

(3) A party shall file a motion to disqualify within 30 days after the case has been assigned to a magistrate, or within 30 days after the movant discovers, or with reasonable diligence should have discovered, the information that is the basis of the motion, whichever is later.

(4) The motion for disqualification must set forth with particularity the factors that would be admissible as evidence to establish the grounds stated in the motion. An affidavit must accompany the motion.

(5) The challenged magistrate shall decide the motion. If the challenged magistrate denies the motion, then the challenging party may ask that the motion be referred for decision to the chairperson or, in the chairperson's discretion, the chairperson may assign the motion to another magistrate at a different hearing location for decision, except as provided in subrule (6) of this rule.

(6) If the motion is made after the trial has commenced, then the challenged magistrate shall rule upon the motion. If the motion is denied, then the trial magistrate shall continue the trial.

(7) When a magistrate is disqualified, the chairperson shall assign another magistrate to hear the case.

(8) The parties may waive actual, potential, or purported conflicts with a magistrate, and that magistrate may then process the claim as he or she deems fit.

Mich. Admin. Code R. 418.86

2021 MR 21, Eff. 11/12/2021