(A) Applicability. This rule applies to all judges, including justices of the Michigan Supreme Court, unless a specific provision is stated to apply only to judges of a certain court. The word “judge” includes a justice of the Michigan Supreme Court.
Rule 2.003.Disqualification of Judge
Current through May 1, 2026 · Last verified July 6, 2026
In one sentenceRule 2.003 lists the grounds on which a Michigan judge or Supreme Court justice must be disqualified from a case, such as personal bias, a prior role as the party's lawyer, or a disqualifying financial or family interest, and sets the deadlines and review procedure for raising the issue.
Full Text of Rule 2.003
(B) Who May Raise. A party may raise the issue of a judge’s disqualification by motion or the judge may raise it.
(C) Grounds.
(1) Disqualification of a judge is warranted for reasons that include, but are not limited to, the following:
(a) The judge is biased or prejudiced for or against a party or attorney.
(b) The judge, based on objective and reasonable perceptions, has either (i) a serious risk of actual bias impacting the due process rights of a party as enunciated in Caperton v Massey, [556 US 868]; 129 S Ct 2252; 173 L Ed 2d 1208 (2009), or (ii) has failed to adhere to the appearance of impropriety standard set forth in Canon 2 of the Michigan Code of Judicial Conduct.
(c) The judge has personal knowledge of disputed evidentiary facts concerning the proceeding.
(d) The judge has been consulted or employed as an attorney in the matter in controversy.
(e) The judge was a partner of a party, attorney for a party, or a member of a law firm representing a party within the preceding two years.
(f) The judge knows that he or she, individually or as a fiduciary, or the judge’s spouse, parent or child wherever residing, or any other member of the judge’s family residing in the judge’s household, has more than a de minimis economic interest in the subject matter in controversy that could be substantially impacted by the proceeding.
(g) The judge or the judge’s spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
(i) is a party to the proceeding, or an officer, director, or trustee of a party;
(ii) is acting as a lawyer in the proceeding;
(iii) is known by the judge to have a more than de minimis interest that could be substantially affected by the proceeding;
(iv) is to the judge's knowledge likely to be a material witness in the proceeding.
(2) Disqualification not warranted.
(a) A judge is not disqualified merely because the judge's former law clerk is an attorney of record for a party in an action that is before the judge or is associated with a law firm representing a party in an action that is before the judge.
(b) A judge is not disqualified based solely upon campaign speech protected by Republican Party of Minn v White, 536 US 765 (2002), so long as such speech does
not demonstrate bias or prejudice or an appearance of bias or prejudice for or against a party or an attorney involved in the action.
(D) Procedure.
(1)
(a) Time for Filing in the Trial Courts. To avoid delaying trial and inconveniencing the witnesses, all motions for disqualification must be filed within 14 days of the discovery of the grounds for disqualification. If the discovery is made within 14 days of the trial date, the motion must be made forthwith.
(b) Time for Filing in the Court of Appeals. All motions for disqualification must be filed within 14 days of disclosure of the judge’s assignment to the case or within 14 days of the discovery of the grounds for disqualification. If a party discovers the grounds for disqualification within 14 days of a scheduled oral argument or argument on the application for leave to appeal, the motion must be made forthwith.
(c) Time for Filing in the Supreme Court. If an appellant is aware of grounds for disqualification of a justice, the appellant must file a motion to disqualify with the application for leave to appeal. All other motions must be filed within 28 days after the filing of the application for leave to appeal or within 28 days of the discovery of the grounds for disqualification. If a party discovers the grounds for disqualification within 28 days of a scheduled oral argument or argument on the application for leave to appeal, the motion must be made forthwith. All requests for review by the entire Court pursuant to subsection (3)(b) must be made within 14 days of the entry of the decision by the individual justice.
(d) Untimely Motions. Untimely motions in the trial court, the Court of Appeals, and the Supreme Court may be granted for good cause shown. If a motion is not timely filed in the trial court, the Court of Appeals, or the Supreme Court, untimeliness is a factor in deciding whether the motion should be granted.
(2) All Grounds to be Included; Affidavit. In any motion under this rule, the moving party must include all grounds for disqualification that are known at the time the motion is filed. An affidavit must accompany the motion.
(3) Ruling.
(a) For courts other than the Supreme Court, the challenged judge shall decide the motion. If the challenged judge denies the motion,
(i) in a court having two or more judges, on the request of a party, the challenged judge shall refer the motion to the chief judge, who shall decide the motion de novo;
(ii) in a single-judge court, or if the challenged judge is the chief judge, on the request of a party, the challenged judge shall refer the motion to the state court administrator for assignment to another judge, who shall decide the motion de novo.
(b) In the Supreme Court, if a justice’s participation in a case is challenged by a written motion or if the issue of participation is raised by the justice himself or herself, the challenged justice shall decide the issue and publish his or her reasons about whether to participate. If the challenged justice denies the motion for disqualification, a party may move for the motion to be decided by the entire Court. The entire Court shall then decide the motion for disqualification de novo. The Court’s decision shall include the reasons for its grant or denial of the motion for disqualification. The Court shall issue a written order containing a
statement of reasons for its grant or denial of the motion for disqualification. Any concurring or dissenting statements shall be in writing.
(4) If Disqualification Motion is Granted.
(a) For courts other than the Supreme Court, when a judge who is not a business court judge is disqualified, the action must be assigned to another judge of the same court, or, if one is not available, the state court administrator must assign another judge.
(b) When a judge who is a business court judge is disqualified, the action must be assigned to another business court judge of the same circuit, or if one is not available, the state court administrator must assign a business court judge from a different circuit.
(c) In the Supreme Court, when a justice is disqualified, the underlying action will be decided by the remaining justices of the Court.
(E) Waiver of Disqualification. Parties to the proceeding may waive disqualification even where it appears that there may be grounds for disqualification of the judge. Such waiver may occur whether the grounds for disqualification were raised by a party or by the judge, so long as the judge is willing to participate. Any agreement to waive the disqualification must be made by all parties to the litigation and shall be in writing or placed on the record.
Amendment History
Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.
Plain-English Summary
Rule 2.003 exists so that a case is decided by a judge both parties can trust to be neutral. It lists the grounds for disqualification: bias or prejudice against a party or attorney, a serious risk of actual bias under recognized due-process standards, prior personal knowledge of disputed facts, having represented a party or been a partner at a firm representing a party within the last two years, a more-than-minimal financial interest in the outcome held by the judge or close family, and family relationships to a party, lawyer, or witness. It also states what is not enough on its own — a former law clerk now representing a party, or protected campaign speech that does not itself show bias.
Getting the timing right matters. A motion to disqualify a trial judge must generally be filed within 14 days of discovering the grounds, and immediately if discovered close to trial. The same 14-day clock (or immediate filing) applies in the Court of Appeals, while the Supreme Court allows 28 days. A motion must include every ground known at the time and must be supported by an affidavit. Filing late does not automatically doom the motion, but the delay becomes a factor the court weighs in deciding it.
The challenged judge decides the motion first. If that judge denies it, a party can ask for an independent, fresh look: the chief judge (or another judge assigned by the state court administrator, if the challenged judge is a single-judge court or the chief judge) decides the question over again from scratch. In the Supreme Court, the challenged justice rules first, and the full remaining Court can be asked to decide the question independently. Parties may agree in writing to waive a disqualification issue, but not where the judge is personally biased against one of them.
Frequently Asked Questions
How long do I have to file a motion to disqualify a judge?
In the trial court and Court of Appeals, generally 14 days after discovering the grounds for disqualification (or immediately if discovered close to trial or argument). In the Supreme Court, the deadline is 28 days.
Who decides a motion to disqualify a judge?
The challenged judge rules on it first. If the motion is denied, a party can ask for a fresh, independent review by the chief judge or another assigned judge (or, in the Supreme Court, by the remaining justices).
Can the parties agree to keep a judge who might otherwise have to step aside?
Yes, through a written waiver or one placed on the record, but only if the judge is willing to continue and the grounds do not involve personal bias or prejudice against a party.
Source & verification. The rule text is reproduced verbatim from the
official Michigan Court Rules (MCR 2.003). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: judicial disqualification Michiganrecuse a judgemotion to disqualify judge Michiganjudge bias motion