Rule 35 - Disqualification of a Justice or Judge(a) Motion for Disqualification. A request that a justice or judge of the Supreme Court or Court of Appeals be disqualified from sitting in a particular case shall be made by motion. Unless the court permits otherwise, the motion shall be in writing and shall be in the form required by Rule 27. (1) Time to File. A motion to disqualify a justice or judge shall be filed with the clerk of the Supreme Court within 60 days after docketing of the appeal under Rule 12, together with proof of service on all other parties. Except for good cause shown, the failure to file a timely motion to disqualify shall be deemed a waiver of the moving party's right to object to a justice's or judge's participation in a case.(2) Contents of a Motion.(A) Grounds, Supporting Facts, and Legal Authorities. A motion shall state clearly and concisely in separately numbered paragraphs each ground relied upon as a basis for disqualification with the specific facts alleged in support thereof and the legal argument, including citations to relevant cases, statutes or rules, necessary to support it.(B) Verification. All assertions of fact in a motion must be supported by proper sworn averments in an affidavit or by citations to the specific page and line where support appears in the record of the case. (i) A verification by affidavit shall be served and filed with the motion.(ii) The affidavit shall be made upon personal knowledge by a person or persons affirmatively shown competent to testify and shall set forth only those facts that would be admissible in evidence.(iii) The affidavit shall set forth the date or dates when the moving party first became aware of the facts set forth in the motion.(C) Attorney's Certificate. A motion under this Rule filed by a party represented by counsel shall contain a certificate signed by at least 1 attorney of record who is an active member of the bar of this state. The certificate must contain the following information: (i) A representation that the signing attorney has read the motion and supporting documents;(ii) A representation that the motion and supporting documents are in the form required by this Rule; and(iii) A representation that, based on personal investigation, the signing attorney believes all grounds asserted to be legally valid and all supporting factual allegations to be true, and that the motion is made in good faith and not for purposes of delay or for other improper motive.(D) Striking a Motion Without an Attorney's Certificate. If a motion does not contain the certification required by Rule 35(a)(2)(C). it shall be stricken unless such a certification is provided within 14 days after the omission is called to the attorney's attention.(b) Response.(1) By a Party. Any party may file a response to a motion to disqualify a justice or judge. The response shall be filed within 14 days after service of the motion unless the court shortens or extends the time.(2) By the Justice or Judge. The challenged justice or judge may submit a response to the motion in writing or orally at any hearing that may be ordered by the court.(c) Reply. A reply may not be filed unless permission is first obtained from the court.Added effective May 25, 1990; as amended effective 10/1/2015; amended effective 3/1/2019.