A judge shall be disqualified in an action in which he is interested or prejudiced, or has been of counsel for any party, or is or has been a material witness, or is so related or connected with any party or his attorney as to render it improper for him to sit on the trial, appeal, or other proceeding therein. A judge may disqualify himself on his own motion for any of said reasons, or any party may move for such disqualification and a motion by a party for disqualification shall be supported by affidavit. Upon the filing by a party of such a motion all other proceedings in the case shall be suspended until a ruling is made thereon. Upon disqualifying himself, a judge shall notify forthwith the chief judge of the district who shall assign another judge in the district to hear the action. If no other judge in the district is available or qualified, the chief judge shall notify forthwith the court administrator who shall obtain from the Chief Justice the assignment of a replacement judge.
Rule 97.Change of Judge
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 97 lists the grounds — interest, prejudice, prior work as counsel, being a material witness, or a disqualifying relationship with a party or attorney — requiring a Colorado judge to step aside, and it freezes the case once either the judge or a party raises the issue by motion.
Full Text of Rule 97
Amendment History
The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.
Plain-English Summary
Rule 97 tells a Colorado judge when sitting on a case is off the table: if the judge has an interest in the outcome, is prejudiced, has previously represented one of the parties as counsel, is or has been a material witness, or has a relationship with a party or attorney close enough to make presiding improper. A judge who recognizes one of these problems can disqualify on their own motion, without waiting for anyone to ask.
A party who wants a different judge must move for disqualification and back the motion with an affidavit laying out the reasons — an unsupported request does not satisfy the rule. The moment that motion is filed, every other proceeding in the case stops until the judge rules on it. Once a judge disqualifies, the chief judge of the district assigns a replacement from within the district; if no district judge is available or qualified, the chief judge asks the state court administrator to obtain a replacement from the Chief Justice.
Frequently Asked Questions
What grounds justify a motion to disqualify judge under Rule 97?
A judge must step aside if interested or prejudiced in the case, if the judge previously served as counsel for a party, if the judge is or has been a material witness, or if the judge's relationship to a party or attorney makes presiding improper.
Does filing a motion to disqualify a judge stop the case?
Yes. Once a party files a motion to disqualify supported by an affidavit, every other proceeding in the case is suspended until the motion is decided.
Can a judge disqualify without a party asking?
Yes. Rule 97 lets a judge disqualify on their own motion for any of the same reasons a party could raise.
Who picks the replacement judge?
The chief judge of the district assigns another judge from within the district. If none is available or qualified, the chief judge asks the court administrator to obtain a replacement judge from the Chief Justice.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 97). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
Also known as: motion to disqualify judgechange of judge colorado rulejudge recusal for bias or prejudicerequesting a different judge in a colorado casejudicial disqualification affidavit requirement