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Rule 16A.Motions for Recusal of Judges

Chapter III: Pleadings and Motions · Not amended since adoption on record · Last verified July 14, 2026

In one sentenceRule 16A is Mississippi's recusal-motion provision — a short rule requiring that a motion seeking a judge's recusal be timely filed with the trial judge and handled under the procedures in the Uniform Rules of Circuit and County Court Practice and the Uniform Rules of Chancery Court Practice, rather than setting its own recusal standard.

Full Text of Rule 16A

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Motions seeking the recusal of judges shall be timely filed with the trial judge and shall be governed by procedures set forth in the Uniform Rules of Circuit and County Court Practice and the Uniform Rules of Chancery Court Practice. [Adopted, April 4, 2002.]

Amendment History

Effective April 4, 2002, Rule 16A and the Comment were adopted. 813-815 So. 2d LXXXI (West Miss. Cases 2002).

Plain-English Summary

Rule 16A doesn't try to define when a judge should step aside from a case; it points practitioners somewhere else instead. The rule requires that a motion seeking a judge's recusal be timely filed with the trial judge, and it directs that such motions be handled under the procedures already set out in the Uniform Rules of Circuit and County Court Practice and the Uniform Rules of Chancery Court Practice, depending on which court the case is in.

That makes Rule 16A a genuine local addition to Mississippi's civil rules, without a counterpart drawn from the federal rules that most of the rest of this rule set tracks. It was adopted effective April 4, 2002, and its function is narrow but important: it confirms that a recusal request goes first to the trial judge being asked to step aside, filed promptly, rather than skipping straight to an appellate court, and it keeps the detailed standards and timing requirements for recusal in the uniform rules that already governed the subject rather than duplicating them here.

Because the rule is a cross-reference rather than a self-contained standard, anyone bringing or responding to a recusal motion needs to look to the Uniform Rules of Circuit and County Court Practice or the Uniform Rules of Chancery Court Practice, whichever applies, for the actual grounds and procedural details that Rule 16A itself doesn't spell out.

Frequently Asked Questions

Who do I file a motion with if I want a judge removed from my case?

Rule 16A requires the motion to be timely filed with the trial judge whose recusal is being sought, rather than filed first with a higher court.

Where do I find the actual standards for when a judge should recuse?

Rule 16A doesn't set its own standard. It directs that recusal motions be governed by the procedures in the Uniform Rules of Circuit and County Court Practice and the Uniform Rules of Chancery Court Practice, so the substantive standards live in those uniform rules.

Does Rule 16A give a specific number of days to file a recusal motion?

No. The rule only requires that the motion be "timely filed" without stating a specific deadline itself; any specific timing requirement comes from the uniform rules it cross-references.

When did Mississippi adopt Rule 16A?

It was adopted effective April 4, 2002, according to the official Historical Note.

Does Rule 16A apply the same way in circuit court and in chancery court?

The rule covers both, but points to different procedural sources depending on the court: the Uniform Rules of Circuit and County Court Practice for circuit and county court cases, and the Uniform Rules of Chancery Court Practice for chancery cases.

Source & verification. Rule text and Advisory Committee Notes are reproduced verbatim from the Mississippi Rules of Civil Procedure, adopted by the Supreme Court of Mississippi. Last verified July 14, 2026. · Official source
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