The judge assigned may consider the motion solely upon the affidavits, but may, in the exercise of discretion, convene an evidentiary hearing. After consideration of the evidence, the judge assigned shall rule on the merits of the motion and shall make written findings and conclusions. If the motion is sustained, the selection of another judge to hear the case shall follow the same procedure as established in Rule 25.4 above. Any determination of disqualification shall not be competent evidence in any other case or proceedings.
Rule 25.6.Findings and Ruling
Rule 25. RECUSAL · Last amended 1991 · Last verified July 17, 2026
In one sentenceRule 25.6 lets the judge assigned to a recusal motion decide it on the affidavits alone or hold an evidentiary hearing at the judge’s discretion, requires written findings and conclusions, sends a sustained motion back through Rule 25.4’s selection procedure, and bars using the disqualification ruling as evidence in any other case.
Full Text of Rule 25.6
Plain-English Summary
Once a case reaches a judge assigned to decide a recusal motion, Rule 25.6 gives that judge flexibility on process but not on the record. The judge can rule based solely on the affidavits already filed, or can convene an evidentiary hearing if the circumstances call for it — the choice is discretionary. Either way, the judge has to rule on the merits and put written findings and conclusions on the record, not just a bare grant or denial.
If the judge sustains the motion, the case does not return to the original judge — a new judge gets assigned to hear the underlying case using the same selection chain Rule 25.4 sets out. The rule also protects the losing side of a recusal fight going forward: whatever the judge finds about disqualification in one case cannot be used as evidence of bias in any other case or proceeding.
Frequently Asked Questions
Must the judge deciding a recusal motion hold a hearing, or can the motion be decided on paper?
The judge may consider the motion solely on the affidavits, but has discretion to convene an evidentiary hearing instead.
Does the judge deciding a recusal motion need to explain the ruling in writing?
Yes, the judge shall make written findings and conclusions after considering the evidence.
If the recusal motion is sustained, who selects the judge to take over the case?
The same selection procedure established in Rule 25.4 is used to select the new judge.
Can a finding of judicial bias in one case be used as evidence in a different case?
No. Any determination of disqualification shall not be competent evidence in any other case or proceedings.
Who rules on whether the recusal motion is granted or denied?
The judge assigned to hear the motion under Rule 25.4’s selection procedure.
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
Also known as: does judge have to hold hearing on recusal motion GeorgiaUSCR Rule 25.6written findings recusal motion Georgiacan recusal ruling be used in another case GeorgiaGeorgia recusal motion evidentiary hearing discretion