All motions to recuse or disqualify a judge presiding in a particular case or proceeding shall be timely filed in writing and all evidence thereon shall be presented by accompanying affidavit(s) which shall fully assert the facts upon which the motion is founded. Filing and presentation to the judge shall be not later than five (5) days after the affiant first learned of the alleged grounds for disqualification, and not later than ten (10) days prior to the hearing or trial which is the subject of recusal or disqualification, unless good cause be shown for failure to meet such time requirements. In no event shall the motion be allowed to delay the trial or proceeding.
Rule 25.1.Motions
Rule 25. RECUSAL · Last amended 1991 · Last verified July 17, 2026
In one sentenceRule 25.1 requires any motion to recuse or disqualify a judge to be filed in writing with a supporting affidavit within five days of learning the grounds and at least ten days before the hearing or trial at issue, and bars the motion from being used to delay the proceeding.
Full Text of Rule 25.1
Plain-English Summary
Rule 25.1 sets the front door for challenging a judge. A party who believes a judge is biased or otherwise disqualified has to move fast: the motion must be in writing, supported by an affidavit that lays out the facts behind it, filed and presented to the judge within five days of learning the grounds for disqualification, and no later than ten days before the hearing or trial the motion targets — unless the party can show good cause for missing those deadlines.
The tight timeline reflects a practical worry: a recusal motion filed at the last minute can be used to knock a case off the calendar. The rule closes that door directly, stating that a recusal motion cannot be allowed to delay the trial or proceeding it concerns, no matter when it is filed.
Frequently Asked Questions
How soon after learning of possible bias must a party file a motion to recuse a judge?
Within five days after the affiant first learned of the alleged grounds for disqualification, absent good cause for the delay.
How close to a hearing can a motion to recuse still be filed?
It must be filed and presented to the judge no later than ten days before the hearing or trial that is the subject of the recusal motion, absent good cause shown.
Does a motion to recuse have to be supported by anything besides the motion itself?
Yes, all evidence supporting the motion must be presented by an accompanying affidavit that fully asserts the facts on which the motion is based.
Can a party use a recusal motion to postpone an upcoming trial?
No. The rule states that in no event shall the motion be allowed to delay the trial or proceeding.
What happens if a party misses the five-day or ten-day deadline for filing a recusal motion?
The motion can still be considered if the party shows good cause for failing to meet the time requirements.
Amendment History
Amended effective January 31, 1991.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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