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Art. 4863.Determination of Recusal; Appointment of Judge Ad Hoc

Book VIII. Trial Courts of Limited Jurisdiction · Title I. General Dispositions · Chapter 3. Recusal of Judges; Appointment of Judges Ad Hoc · Last amended 2021 · Last verified July 30, 2026

In one sentenceArticle 4863 sets out who decides a motion to recuse a parish or city court judge or justice of the peace: another judge of the same court chosen under a rule of court when the court has more than one judge, or an ad hoc judge the supreme court appoints in every other case.

Full Text of Art. 4863

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A. In a parish or city court having more than one judge, the motion to recuse shall be tried by another judge of the same court. The manner in which the judge is selected to try the recusal shall be provided by rule of court. B. In all other cases, the motion shall be tried by an ad hoc judge appointed by the supreme court.

Amendment History

Amended by Acts 2021, No. 143, §1, eff. 8/1/2021. Acts 1979, No. 46, §1, eff. 1/1/1980.

Plain-English Summary

Article 4863 decides who tries a motion to recuse once it clears Article 4862's screening step. The answer turns on how many judges the parish or city court has.

In a parish or city court with more than one judge, the recusal motion goes to another judge of that same court. Article 4863 leaves the mechanics of picking which of the remaining judges hears it to a rule of court, so each multi-judge court can set its own selection procedure rather than following one fixed statewide method.

Every other case — a single-judge parish or city court, or a justice of the peace, where no sister judge on the same bench is available — goes to an ad hoc judge appointed by the supreme court. That appointment is distinct from the one Article 4865 lets a judge make for their own temporary absence; here, the supreme court itself names the substitute who decides whether the sitting judge should be removed from the case.

Frequently Asked Questions

Who decides a recusal motion in a multi-judge parish or city court?

Another judge of the same court, selected by a rule of court that each multi-judge court adopts for itself.

Who decides a recusal motion for a single-judge court or a justice of the peace?

An ad hoc judge appointed by the supreme court.

Does Article 4863 set a statewide method for picking which judge hears the motion in multi-judge courts?

No. It leaves that selection to each court's own rule of court.

Is the ad hoc judge under Article 4863 the same kind of appointment as under Article 4865?

No. Article 4863's appointment comes from the supreme court to try a recusal motion, while Article 4865's comes from the sitting judge personally, for a temporary inability to preside unrelated to recusal.

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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