Miss. R. App. P. 48B

As amended through March 21, 2024
Rule 48B - Proceedings on Motion for Disqualification of Trial Judge.

If a judge of the circuit, chancery or county court shall deny a motion seeking the trial judge's recusal, or if within 30 days following the filing of the motion for recusal the judge has not ruled, the filing party may within 14 days following the judge's ruling, or 14 days following the expiration of the 30 days allowed for ruling, seek review of the judge's action by the Supreme Court. A true copy of any order entered by the subject judge on the question of recusal and transcript of any hearing thereon shall be submitted with the petition in the Supreme Court. The Supreme Court will not order recusal unless the decision of the trial judge is found to be an abuse of discretion. Otherwise, procedure in the Supreme Court shall be in accordance with M.R.A.P. 21. Appointment of another judge to hear the case shall be made as otherwise provided by law.

Miss. R. App. P. 48B

Adopted 4/4/2002.

Advisory Committee Historical Note

Effective April 4, 2002, Rule 48 -B was adopted. 813-855 So.2d LXXXIII (West Miss.Cases 2002).

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