§ 170.6.Motion to disqualify

Title 2. Judicial Officers · Chapter 3. Disqualifications of Judges · Last amended 2011 · Last verified July 28, 2026

In one sentenceSection 170.6 gives any party or attorney the right to disqualify a judge, court commissioner, or referee for prejudice through a sworn statement filed without prior notice and without proving actual bias, subject to strict filing deadlines that vary by case type.

Full Text of § 170.6

Text sizeJump to: (a) (b) (c)

(a)

(1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.

(2) A party to, or an attorney appearing in, an action or proceeding may establish this prejudice by an oral or written motion without prior notice supported by affidavit or declaration under penalty of perjury, or an oral statement under oath, that the judge, court commissioner, or referee before whom the action or proceeding is pending, or to whom it is assigned, is prejudiced against a party or attorney, or the interest of the party or attorney, so that the party or attorney cannot, or believes that he or she cannot, have a fair and impartial trial or hearing before the judge, court commissioner, or referee. If the judge, other than a judge assigned to the case for all purposes, court commissioner, or referee assigned to, or who is scheduled to try, the cause or hear the matter is known at least 10 days before the date set for trial or hearing, the motion shall be made at least 5 days before that date. If directed to the trial of a cause with a master calendar, the motion shall be made to the judge supervising the master calendar not later than the time the cause is assigned for trial. If directed to the trial of a criminal cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 10 days after notice of the all purpose assignment, or if the party has not yet appeared in the action, then within 10 days after the appearance. If directed to the trial of a civil cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 15 days after notice of the all purpose assignment, or if the party has not yet appeared in the action, then within 15 days after the appearance. If the court in which the action is pending is authorized to have no more than one judge, and the motion claims that the duly elected or appointed judge of that court is prejudiced, the motion shall be made before the expiration of 30 days from the date of the first appearance in the action of the party who is making the motion or whose attorney is making the motion. In no event shall a judge, court commissioner, or referee entertain the motion if it is made after the drawing of the name of the first juror, or if there is no jury, after the making of an opening statement by counsel for plaintiff, or if there is no opening statement by counsel for plaintiff, then after swearing in the first witness or the giving of any evidence or after trial of the cause has otherwise commenced. If the motion is directed to a hearing, other than the trial of a cause, the motion shall be made not later than the commencement of the hearing. In the case of trials or hearings not specifically provided for in this paragraph, the procedure specified herein shall be followed as nearly as possible. The fact that a judge, court commissioner, or referee has presided at, or acted in connection with, a pretrial conference or other hearing, proceeding, or motion prior to trial, and not involving a determination of contested fact issues relating to the merits, shall not preclude the later making of the motion provided for in this paragraph at the time and in the manner herein provided. A motion under this paragraph may be made following reversal on appeal of a trial court’s decision, or following reversal on appeal of a trial court’s final judgment, if the trial judge in the prior proceeding is assigned to conduct a new trial on the matter. Notwithstanding paragraph (4), the party who filed the appeal that resulted in the reversal of a final judgment of a trial court may make a motion under this section regardless of whether that party or side has previously done so. The motion shall be made within 60 days after the party or the party’s attorney has been notified of the assignment.

(3) A party to a civil action making that motion under this section shall serve notice on all parties no later than five days after making the motion.

(4) If the motion is duly presented, and the affidavit or declaration under penalty of perjury is duly filed or an oral statement under oath is duly made, thereupon and without any further act or proof, the judge supervising the master calendar, if any, shall assign some other judge, court commissioner, or referee to try the cause or hear the matter. In other cases, the trial of the cause or the hearing of the matter shall be assigned or transferred to another judge, court commissioner, or referee of the court in which the trial or matter is pending or, if there is no other judge, court commissioner, or referee of the court in which the trial or matter is pending, the Chair of the Judicial Council shall assign some other judge, court commissioner, or referee to try the cause or hear the matter as promptly as possible. Except as provided in this section, no party or attorney shall be permitted to make more than one such motion in any one action or special proceeding pursuant to this section. In actions or special proceedings where there may be more than one plaintiff or similar party or more than one defendant or similar party appearing in the action or special proceeding, only one motion for each side may be made in any one action or special proceeding.

(5) Unless required for the convenience of the court or unless good cause is shown, a continuance of the trial or hearing shall not be granted by reason of the making of a motion under this section. If a continuance is granted, the cause or matter shall be continued from day to day or for other limited periods upon the trial or other calendar and shall be reassigned or transferred for trial or hearing as promptly as possible.

(6) Any affidavit filed pursuant to this section shall be in substantially the following form: (Here set forth court and cause) PEREMPTORY CHALLENGE ss. State of California, County of ______________________ ______________________, being duly sworn, deposes and says: That he or she is a party (or attorney for a party) to the within action (or special proceeding). That ______________________ the judge, court commissioner, or referee before whom the trial of the (or a hearing in the) action (or special proceeding) is pending (or to whom it is assigned) is prejudiced against the party (or his or her attorney) or the interest of the party (or his or her attorney) so that affiant cannot or believes that he or she cannot have a fair and impartial trial or hearing before the judge, court commissioner, or referee. Subscribed and sworn to before me this ____________ day of ________________, 20____________. (Clerk or notary public or other officer administering oath)

(7) Any oral statement under oath or declaration under penalty of perjury made pursuant to this section shall include substantially the same contents as the affidavit above.

(b) Nothing in this section shall affect or limit Section 170 or Title 4 (commencing with Section 392) of Part 2, and this section shall be construed as cumulative thereto.

(c) If any provision of this section or the application to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application and, to this end, the provisions of this section are declared to be severable.

Plain-English Summary

§ 170.6 is the peremptory challenge — often called the “blind” challenge because a party does not have to prove anything. A sworn statement that the judge, commissioner, or referee is prejudiced is enough by itself; no hearing, no evidence, no finding of bias in fact required.

The deadlines are exacting and depend on how the case is assigned. If the assigned judge is known at least 10 days before trial, the motion must be made at least 5 days before that date. In a master-calendar court, it must be made by the time the case is assigned for trial. Where a case is assigned to a judge for all purposes, a party gets 15 days after notice of that assignment in a civil case (10 days in a criminal case), or the same number of days after first appearing if that came later. In a court with only one judge, the deadline is 30 days from the first appearance. And once trial has effectively started — the first juror is sworn, an opening statement is given, or the first witness testifies — the window closes for good, with a narrow exception allowing a fresh motion within 60 days after a case is reassigned to the same trial judge following a reversal on appeal.

Each side generally gets one such motion per case. The statute supplies its own affidavit form, headed “Peremptory Challenge,” and requires the moving party to notify all other parties within five days of filing. A judge who is properly challenged has no discretion to refuse reassignment — the case moves to another judge, commissioner, or referee automatically.

§ 170.6 does not replace the for-cause disqualification procedures in §§ 170 through 170.5; it supplements them, and the two schemes operate side by side.

Frequently Asked Questions

Does a party have to prove bias to disqualify a judge under § 170.6?

No. A sworn statement that the judge is prejudiced is enough on its own — § 170.6 does not require evidence or a hearing on the truth of that claim.

How many peremptory challenges does each side get under § 170.6?

Generally one per side per case under § 170.6(a)(4), though § 170.6(a)(2) allows a further motion within 60 days when a case returns to the same trial judge after a reversal on appeal.

What is the deadline to file a § 170.6 challenge when a case is assigned to a judge for all purposes?

15 days after notice of the all-purpose assignment in a civil case, or 10 days in a criminal case — measured from the party’s appearance instead, if that comes later.

Can a party still file a § 170.6 challenge after trial has started?

No. The window closes once the first juror is sworn, an opening statement is given, or, absent one, the first witness is sworn or evidence is taken.

Is a § 170.6 challenge the same as challenging a judge for cause?

No. § 170.6(b) says it is a separate, cumulative remedy that does not limit § 170’s for-cause disqualification framework.

Amendment History

Added Stats 1957 ch 1055 § 1. Amended Stats 1959 ch 640 § 1; Stats 1961 ch 526 § 1; Stats 1965 ch 1442 § 1; Stats 1967 ch 1602 § 2; Stats 1976 ch 1071 § 1; Stats 1981 ch 192 § 1; Stats 1982 ch 1644 § 2; Stats 1985 ch 715 § 1; Stats 1989 ch 537 § 1; Stats 1998 ch 167 § 1 (AB 1199); Stats 2002 ch 784 § 36 (SB 1316); Stats 2003 ch 62 § 22 (SB 600); Stats 2010 ch 131 § 1 (AB 1894), effective January 1, 2011.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: ccp 170.6 peremptory challengehow to disqualify a judge without cause californiablind challenge to a judge california170.6 affidavit of prejudice170.6 deadline all purpose assignment