Rule 109.Disqualification

Part I. General Administration · Last amended July 1, 2024 · Last verified September 4, 2026

In one sentenceRule 109 gives each party one disqualification of the judge without cause on a short clock, lists when that right is unavailable, and provides separately for disqualification for cause at any time.

Full Text of Rule 109

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

(a) Disqualification without Cause. Each party has the right to file 1 motion for disqualification of the judge without cause, which does not require the statement of any grounds, under the following conditions and procedures:

(1) Time for Filing. The motion must be filed not later than 7 days after service of a written notice or order setting the action for a conference, trial or for hearing on the first contested motion, or not later than 21 days after service or receipt of a petition, summons, order, or other pleading indicating or specifying who the presiding judge to the action will be, whichever occurs first. The motion must also be filed before the judge sought to be disqualified has presided over a conference, a contested hearing, or trial.

(2) Multiple Parties. If there are multiple co-parties, the court must determine whether the co-parties have sufficient interest in common so as to be required to join in a disqualification without cause, or whether such parties have an adverse interest in the action such that each co-party is entitled to file one motion for disqualification without cause.

(3) New Parties. If a new party is joined in an action after the time for disqualification without cause of the presiding judge has passed, the new party may file a motion for disqualification without cause within 14 days after the party’s first appearance or 14 days after that party’s first responsive pleading is due, whichever occurs first.

(4) New Judge. If at any time during the course of the proceedings, except under circumstances involving alternate judges as set forth below in subsection (a)(6), a new judge is assigned to preside over the case, each party may file one motion for disqualification without cause of the new judge, within the time limits set forth in subsection (a)(1). If a party has previously exercised a disqualification under subsection (a), that party has no right of disqualification without cause of a new judge under this subsection.

(5) Disqualification on New Trial. After a trial has been held, if a new trial has been ordered by the court or by an appellate court, each party may file a motion for disqualification without cause of the presiding judge within the time limits set forth in subsection (a)(1).

(6) Alternate Judges. If the presiding judge intends to have a panel of judges as alternates to preside at trial or at any other hearing or proceeding in the case, a notice or amended notice of trial setting will include a list of judges who may alternatively be assigned to preside if the presiding judge is unavailable. Upon service of the notice as to the panel, each party may file 1 motion for disqualification without cause as to any alternate judge within 14 days after service of written notice listing the alternate judges. Provided, if a party has previously exercised the right to disqualification without cause under subsection (a), that party has no right to disqualify an alternate judge under this subsection.

(7) Exceptions. The right to disqualification without cause does not apply to:

(A) a judge when acting in an appellate capacity, unless the appeal is a trial de novo;

(B) a judge who has been appointed by the Supreme Court to preside over a specific civil action;

(C) a judge hearing a petition to modify or enforce child custody, child support, spousal maintenance, or a divorce judgment; a modification, renewal, or termination of a civil protection order action; a petition for money judgment; or motion for contempt if the judge had previously presided in an earlier proceeding in the case and had not been disqualified; or

(D) a judge who heard, joined, or consolidated a prior related family case.

(8) Misuse of Disqualification without Cause. Motions for disqualification without cause under this Rule must not be made in such a manner as to hinder, delay, or obstruct the administration of justice. If it appears that motions for disqualification without cause are being used for such purposes, or are being filed with such frequency as to impede the administration of justice, the Administrative District Judge or the Trial Court Administrator of the judicial district in which the misuse or impediment is occurring must notify the Administrative Director of Courts. The Administrative Director will review any allegations concerning the possible misuse of this Rule and whether the number of such motions is impeding the administration of justice. If the Administrative Director concludes, following review, that there is misuse of the Rule or that the number of disqualifications without cause is impeding the administration of justice, the Administrative Director will refer the matter to the Supreme Court. The Court, upon determining that there has been misuse of disqualifications without cause or that the disqualifications without cause are adversely affecting the administration of justice, may take appropriate action to address the misuse or impediment. Such action may include: an order prohibiting specified attorney(s) or law firm(s) from using disqualifications without cause for such period of time as is set forth in the order or until further order of the Chief Justice; an order suspending the use of disqualifications without cause in the affected judicial district or county for such period of time as is set forth in the order or until further order of the Chief Justice; or any other action that the Court deems appropriate.

(b) Disqualification for Cause.

(1) Grounds. Any party to an action may disqualify a judge or magistrate for cause from presiding in any action upon any of the following grounds:

(A) the judge is a party, or is interested, in the action or proceeding;

(B) the judge is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law;

(D) the judge is biased or prejudiced for or against any party or the subject matter of the action.

(2) Motion for Disqualification. A motion to disqualify for cause must be accompanied by an affidavit of the party or the party’s attorney stating the specific grounds upon which disqualification is based and the facts relied upon in support of the motion. The motion for disqualification for cause may be made at any time. The presiding judge sought to be disqualified must grant or deny the motion upon notice and hearing in the same manner as other motions.

(c) Voluntary Disqualification. A presiding judge in an action may make a voluntary disqualification without stating any reason.

(d) Disqualification and Assignment of New Judge. After the filing of a motion for disqualification, the presiding judge must not act further in the action except to grant or deny the motion for disqualification. After disqualification of a judge for any reason, the administrative judge of the judicial district, or designee, must appoint another qualified judge in the judicial district to act, or apply to the Supreme Court for appointment of a new judge from outside the judicial district.

(e) Disqualification of Judge on Change of Venue.

(1) Change of Venue within a Judicial District. If a judge is disqualified from further handling of a proceeding in which a change of venue has been granted to a court of proper venue within the same judicial district, the administrative district judge must reassign the case to another judge of the judicial district.

(2) Change of Venue to a Different Judicial District. If a judge is disqualified from further handling of a proceeding in which a change of venue has been granted to a different judicial district, the administrative district judge of the receiving judicial district must refer the case to the administrative director of the courts for assignment by the Supreme Court to a court of proper venue and assignment of a specific judge.

End

Rule History

(Adopted March 29, 2021, effective July 1, 2021; amended May 1, 2024, effective July 1, 2024.)

Plain-English Summary

Rule 109 is long because it answers the same question in many situations: who may remove a judge, and when.

One free disqualification, on a tight clock

Each party has the right to file one motion to disqualify the judge without cause, stating no grounds. It must be filed by the earlier of 7 days after service of a notice or order setting a conference, trial, or hearing on the first contested motion, or 21 days after service or receipt of a petition, summons, order or other pleading identifying the presiding judge — and in any event before that judge has presided over a conference, contested hearing or trial.

Who else gets one

Where there are co-parties, the court decides whether their interests are common enough to require them to join in one motion or adverse enough to give each its own. A new party joined after the time has run gets 14 days from its first appearance or from when its first responsive pleading is due. If a new judge is assigned, each party may disqualify that judge on the same clock — unless it has already used its one. After a new trial is ordered, the right revives. Where the court names a panel of alternate judges, each party gets 14 days from that notice to disqualify an alternate, again only if it has not already spent its one.

Where the right does not exist

Four exceptions, and the third is the one that matters most in family law: there is no disqualification without cause of a judge hearing a petition to modify or enforce custody, support, spousal maintenance or a divorce judgment, a modification, renewal or termination of a civil protection order, a petition for money judgment, or a contempt motion — if that judge presided in an earlier proceeding in the case and was not disqualified then. Nor is it available against a judge acting in an appellate capacity (unless the appeal is a trial de novo), a judge appointed by the Supreme Court to a specific action, or a judge who heard, joined or consolidated a prior related family case.

Read with Rule 106, that last exception is deliberate: the ruleset works to put one judge across a family's cases, and the free disqualification cannot be used to undo it.

Misuse

Subsection (a)(8) is unusually detailed. Motions must not be made so as to hinder, delay or obstruct the administration of justice. Where they are, or are filed so frequently as to impede it, the Administrative District Judge or Trial Court Administrator notifies the Administrative Director of Courts, who reviews and may refer the matter to the Supreme Court. The Court may then bar specified attorneys or law firms from using disqualification without cause, suspend its use in an affected district or county, or take any other action it deems appropriate.

For cause, and afterward

A judge may be disqualified for cause at any time on four grounds — the judge is a party or interested; is related to a party within the third degree; has been an attorney for a party; or is biased or prejudiced for or against a party or the subject matter. The motion must be accompanied by an affidavit stating the specific grounds and supporting facts, and the judge sought to be disqualified rules on it after notice and hearing. A judge may also disqualify voluntarily without stating any reason.

Once a motion is filed the presiding judge must not act further except to grant or deny it. After disqualification the administrative judge appoints another judge in the district or applies to the Supreme Court for one from outside it.

Frequently Asked Questions

How long do I have to disqualify a judge without cause?

Rule 109(a)(1) requires filing by the earlier of 7 days after service of a notice or order setting a conference, trial, or hearing on the first contested motion, or 21 days after service or receipt of a pleading identifying the presiding judge — and before that judge has presided over a conference, contested hearing or trial.

Can I disqualify the judge on my post-decree modification?

Not without cause, if that judge already presided. Rule 109(a)(7)(C) removes the right against a judge hearing a petition to modify or enforce custody, support, spousal maintenance or a divorce judgment, a civil protection order modification, a money judgment petition or a contempt motion, where the judge previously presided in the case and was not disqualified.

How many free disqualifications does each party get?

One. Rule 109(a) gives each party the right to file 1 motion for disqualification without cause, and Rule 109(a)(4) confirms a party who has used it has no right to disqualify a newly assigned judge without cause.

What are the grounds to disqualify a judge for cause?

Rule 109(b)(1) lists four: the judge is a party or interested in the action; is related to either party by consanguinity or affinity within the third degree; has been an attorney for a party; or is biased or prejudiced for or against a party or the subject matter.

Is there a deadline to disqualify for cause?

No. Rule 109(b)(2) provides that the motion for disqualification for cause may be made at any time, accompanied by an affidavit stating the specific grounds and the facts relied on.

What happens after a disqualification motion is filed?

Rule 109(d) bars the presiding judge from acting further in the action except to grant or deny the motion, and on disqualification has the administrative judge appoint another judge or apply to the Supreme Court for one from outside the district.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text

Also known as: disqualificationdisqualify a judgeperemptory challengerecusaljudicial bias7 days21 dayschange of judgefor cause