A. When a written motion is made to recuse a judge of a parish or city court or a justice of the peace, not later than seven days after the judge or justice of the peace receives the motion from the clerk of court, the judge or justice of the peace shall either recuse himself, or the motion to recuse shall be tried in the manner provided by Article 4863. B. If the motion to recuse fails to set forth a ground for recusal under Article 151, the judge or justice of the peace may deny the motion without the appointment of another judge or a hearing but shall provide written reasons for the denial.
Art. 4862.Motion to Recuse
Book VIII. Trial Courts of Limited Jurisdiction · Title I. General Dispositions · Chapter 3. Recusal of Judges; Appointment of Judges Ad Hoc · Last amended 2022 · Last verified July 30, 2026
In one sentenceArticle 4862 gives a parish court or city court judge, or a justice of the peace, seven days after receiving a written recusal motion to recuse voluntarily or let the motion go to a hearing, and lets the judge deny a motion that states no valid ground without appointing another judge, so long as written reasons are given.
Full Text of Art. 4862
Amendment History
Amended by Acts 2022, No. 38, §1, eff. 8/1/2022. Amended by Acts 2021, No. 143, §1, eff. 8/1/2021. Acts 1979, No. 46, §1, eff. 1/1/1980.
Plain-English Summary
Article 4862 sets the clock running once someone files a written motion to recuse a parish or city court judge or a justice of the peace. From the date the clerk delivers that motion to the judge, the judge has seven days to choose one of two paths: recuse voluntarily, or let the motion proceed to a hearing under Article 4863.
That second path only opens for motions that allege a ground for recusal. If the motion does not set forth one of the grounds Article 4861 borrows from Article 151, the judge may deny it outright, without appointing another judge to hear it and without a hearing at all. The judge still has to explain the denial in writing, so a party whose motion is turned away this way has a record of why.
This screening step matters in these smaller courts, where a single judge often presides over the entire docket and a groundless recusal motion could otherwise stall a case. Article 4862 lets a judge dispose of a facially deficient motion quickly, while reserving the more elaborate procedure of Article 4863 for motions that raise a genuine question about the judge's impartiality.
Frequently Asked Questions
How much time does a parish or city court judge have to act on a recusal motion?
Seven days from the date the clerk delivers the written motion to the judge or justice of the peace.
Can a judge deny a recusal motion without a hearing?
Yes, if the motion fails to set forth a ground for recusal under Article 151. The judge must still provide written reasons for the denial.
What happens if the motion does state a valid ground for recusal?
The motion is tried under the procedure in Article 4863 rather than being denied outright.
Does the judge have to explain why a recusal motion was denied?
Yes. Article 4862 requires written reasons whenever a motion is denied without a hearing.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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