Rule 51.07.When Judge Disqualified Without Application.

Rule 51.07 covers situations too basic to leave to a party’s initiative. If a judge has a personal interest in the outcome, is related to a party, once served as counsel in the same civil action, or is recused for any other reason, the judge must step aside without waiting for anyone to file a motion. The obligation runs to the judge personally.

Once disqualification applies, the judge must promptly transfer the case to the presiding judge of the circuit for reassignment, following the same procedure Rule 51.05(e) uses when a party wins a change of judge. That means the presiding judge assigns another judge from the circuit who is not disqualified, or asks the Supreme Court of Missouri to send one, unless the presiding judge is the one disqualified, in which case local court rules govern who makes the assignment.

Because this disqualification is self-executing, it does not count against any party’s one change of judge under Rule 51.05 or Rule 51.06. A party can still separately seek a change of judge for other reasons even after a Rule 51.07 disqualification has already reassigned the case.