### IN THE SUPREME COURT OF THE STATE OF MONTANA

RE: RULES OF 

### THE SUPREMECOURT:

ORDER

PER CURIAM: CLERKOF SUFRfWIC CC>uRr STATE4C MONTANA 

### Pursuant to the power placed in this Court by Article VII, Section 2,of the Constitution of the State of Montana, the Court has undertaken a studywith reference to the disqualificationand substitutionof judges. The Court now adopts the following rule: DISQUALIFICATIONAND 

### SUBSTITUTIONOF JUDGES Any judge,or justice of the peace must not sit or act in any action or proceeding: 1. To which he is a party, or inwhich he is interested; 2. When he is related to either party by consanguinity or affinity within the sixthdegree,computed according to the rulesof law; 3. 

### When he has been attorney or counsel for either party in the action or proceeding,or when he rendered or made the judgment,order or decision appealed from; 

### 4. In a district.court,when a motion for 

### a substitution of a judge had been filed. In a civil case, each adverse party is entitled to two substitutionsof a judge. In 

### a criminal case, the state and each defendant is entitled to one substitutionof a judge. A motion for substitution of a judge shall be made by fili-nga written motion for substitution reading

as follows: "Theundersigned hereby moves for substitution of another judge for Judge in thissXlaLI be sl:dpl.eil to tile 

### acceptance of jixrisdiction, so served, 

### in said file, 

### 5. In 

### a justice'ss, 

### police 

### ormunicipal 

### court, wihen aitilor party makc..; arid filesax 

### affridavii-that 

### he cannot have a fair and 

### inipart;ial trizil.

### before such jus.i-ice, pol.ice 

### or municipal.court judge 

### by reason of 

### the interest, prejudice 

### or bia:; of the ti, 

### puliicc or' 

### rnutiii:ipal. court judge, 

### Each adverse party 

### isentitled to file

### one 

### such disqualification in a 

### civil 

### ar criminal case,, Ci(J?ensuch a 

### i.li.syua1if~~i.1!g afEicia~i.ik, 

### is :fj.ic:d, 

### against 

### a ji~:;ti.ee of 

### the peace, 

### the jus,Li.ce sc; 

### named 

### shall. have nc; Furt:Lher 

### power to 

### act in tlse 

### case,ol.hc:r tlraii 1:u call 

### in ailother justice from the same 

### county,

### or fr~:~i-i

an a(3,joiningcounty 

### if there 

### ii; mu 

### otlrcr jusl-i.ce

### avaC.1~ii:iSe 

### in the 

### same 

### county,tohear 

### the ease, When 

### suclr a 

### di.sqi.~a:LiEying affidavit isfilc,ti aqainst 

### a pol.ic:c~.juiitjc:: 

### he siiali have no furtherpower to act in 

### the case except to 

### call 

### in a 

### justice 

### of the peace 

### or qua:li:fiedresident- to 

### act 

### in his stead as prnscri.bed 

### in section L1-""1604 RCM 

### 1947, When 

### such a di.sqi,~a$, i.fy.ing ciffidovi.t

### is fil.ed 

### against

### a judge of 

### a inurxiei.pal. court, 

### i~c sl-raLT have no further 

### power to act 

### in the case except tc 

### call 

### in an attorney to act irz hjs 

### stead as prr?seri.l?edinseet.i.cin .lL-.L'713 RCM 

### 1947, 6, 

### When lie hiis been 

### disc~ual,ifi.ed for cause as hereinafter 

### described: 

### Whenever a 

### party to 

### any proceedinq in 

### any Court 

### makes and 

### files a .ti.mel.y arid 

### sufficient affidavit that a j1.1dge 

### or justice oftkicipciaee, 

### before c?lion the 

### matter is pending has a 

### personal bias or 

### prejudice either against 

### him or 

### in favor of 

### any adverse party, 

### suc:h judgeor justice of the peace shall proceed no further therein, but another judge or justice of the peace shall be assigned to hear suchdisqualificationproceeding by the chief justice of the Supreme Court, or by a district judge, if the affidavit is against a justice of the peace,police or municipal court judge. The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than twenty days before the oriqinaldate of trial,or good cause shall be shown for failure to file it within such time. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith. 7. When a new trial is ordered in any case,whether by order of the district court or the Supreme Court,each adverse party shall be entitled to file onemotion for substitution of a judge in the manner provided in paragraph 4, whether or not that party has previously filed notions for substitution of a judge. Such motions must be filed:

a. If the new trial has been ordered by the district court,within 10days after the time for appealing the order has elapsed. b. If the new trial has been ordered by the Supreme Court,within 10days after notice of receipt of the remittitur has been received by the respective parties from the clerk of the district court. 8. The provisions of this rule shall not apply to any person in any cause involving a contempt of court. 9. This rule supersedes and is to be used to the exclusion of sections 93-901, 93-2906(4), 93-2907, 93-6602(2), 95-1709,and 95-2010,R.C.M. 1947. This rule shall be effective on March 1, 1977, it to appiy to all actrons filed on or after that date.In 

### order that

### members of 

### the 

### hench and 

### bar may 

### have an opporttinity to 

### familiarize tiien1se2ves with tile

### rule IT

### IS 0IIDERI:D 

### th%t 

### a copy 

### of this

### order be fr>rwirrdc:d 

### by mail to al.1inenrbers of 

### the 

### bench and bar

DATED this

# w7 day of l>c?cember,

### 1976, "-A"-