IN THE SUPREME COURT OF THE STATE OF MONTANA 

RE: RULES OF THE SUPREME COURT: 

ORDER 

PER CURIAM: 

CLERK OF SUFRfWIC CC>uRr 

STATE 4C 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 study with reference to 

the disqualification and substitution of judges. The Court 

now adopts the following rule: 

DISQUALIFICATION AND SUBSTITUTION OF 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 in which he is 

interested; 

2. When he is related to either party by consanguinity or affinity within the sixth degree, computed 

according to the rules of 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 substitutions of a 

judge. In a criminal case, the state and each defendant 

is entitled to one substitution of a judge. 

A motion for substitution of a judge shall be 

made by fili-ng a written motion for substitution reading 

as follows: "The undersigned hereby moves for substitution 

of another judge for Judge in this 

sXlaLI be sl:dpl.eil to tile acceptance of jixrisdiction, so 

served, in said file, 

5. In a justice'ss, police or municipal court, 

wihen aitilor party makc..; arid files ax 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 is entitled to file one 

such disqualification in a civil ar criminal case,, 

Ci(J?en such 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,joining county if there ii; mu otlrcr jusl-i.ce avaC.1~ii:iSe 

in the same county, to hear the ease, 

When suclr a di.sqi.~a:LiEying affidavit is filc,ti 

aqainst a pol.ic:c~. juiitjc:: he siiali have no further power to 

act in the case except to call in a justice of the peace 

or qua:li:fied resident- to act in his stead as prnscri.bed 

in section L1-""1604 RCM 1947, 

When such a di.sqi,~a$, i.fy.ing cif fidovi.t is f il.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?ed in seet.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 of tkici pciaee, 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 judge 
or justice of the peace shall proceed no further therein, 

but another judge or justice of the peace shall be assigned 

to hear such disqualification proceeding 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 

oriqinal date 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 one motion 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 10 days after the time for appealing the order 

has elapsed. 

b. If the new trial has been ordered by the Supreme 

Court, within 10 days 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.1 inenrbers of the bench and bar 

DATED this w7 day of l>c?cember, 1976, "-A"-