Rule 15.Disqualification of Judges In Civil and Criminal Cases
Rules for District Courts of Oklahoma · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceRequires an in-camera request before filing a written motion to disqualify a judge, sets a re-presentment path to the chief or presiding judge, and channels any further review into a mandamus proceeding in the Supreme Court or Court of Criminal Appeals.
a.Before filing any motion to disqualify a judge, an in camera request shall first be made to the judge to disqualify or to transfer the cause to another judge. If such request is not satisfactorily resolved, not less than ten (10) days before the case is set for trial a motion to disqualify a judge or to transfer a cause to another judge may be filed and a copy delivered to the judge.
b.Any interested party who deems himself aggrieved by the refusal of a judge to grant a motion to disqualify or transfer a cause to another judge may re-present his motion to the Chief Judge of the county in which the cause is pending or, if the disqualification of a Chief Judge is sought, to the Presiding Judge of the administrative district by filing in the case within five (5) days from the date of said refusal a written request for re-hearing. A copy of the request shall be mailed or delivered to the Chief Judge or Presiding Judge, to the adverse party and to the judge who entered the original order. If the hearing before the second judge results in an order adverse to the movant, he shall be granted not more than five (5) days to institute a proceeding in the Supreme Court or the Court of Criminal Appeals for a writ of mandamus. Neither the Supreme Court nor the Court of Criminal Appeals will entertain an original proceeding to disqualify a judge or to direct a judge to transfer a cause to another judge unless it is shown that the relief sought was previously denied by the judge to whom the matter was re-presented in accordance with this rule. An order favorable to the moving party may not be reviewed by appeal or other method.
c.An original proceeding in mandamus to disqualify a judge in a civil action or proceeding shall be brought in the Supreme Court; an original proceeding in mandamus to disqualify a judge in a criminal case or proceeding shall be brought in the Court of Criminal Appeals. If mandamus is not brought in the appellate court designated as proper by this rule, the case will be transferred to the proper court either on motion or sua sponte. Art. VII, § 4 Okla. Const.
Plain-English Summary
A litigant cannot go straight to a written motion under Rule 15. An in-camera request to the judge — to disqualify or transfer the case — comes first. If that fails, a written motion may be filed and a copy delivered to the judge, at least ten days before the case is set for trial. An aggrieved party can then re-present a denied motion, within five days of the refusal, to the chief judge of the county or, if the chief judge's own disqualification is sought, to the presiding judge of the administrative district, with copies going to that judge, the adverse party, and the judge who made the original ruling.
If the second judge also rules against the movant, Rule 15 gives five more days to seek a writ of mandamus — in the Supreme Court for a civil matter, or the Court of Criminal Appeals for a criminal one, with a case filed in the wrong court transferred to the right one instead. Neither appellate court will take an original disqualification proceeding unless the relief was already sought and denied through this sequence, and an order favorable to the moving party — one granting disqualification — cannot be reviewed by appeal or any other method.
Frequently Asked Questions
Can I go straight to filing a written motion to disqualify a judge?
No. Rule 15 requires an in-camera request to the judge first, asking the judge to disqualify or transfer the case, before you can file a written motion.
The judge denied my motion to disqualify. What's next?
Within five days of the refusal, you can re-present the motion in writing to the chief judge of the county, or the presiding judge of the administrative district if you're trying to disqualify the chief judge, under Rule 15.
If the chief judge also denies my request, can I go straight to the Supreme Court?
You have five days to file a mandamus proceeding, and Rule 15 sends civil cases to the Supreme Court and criminal cases to the Court of Criminal Appeals — filing in the wrong court just gets the case transferred.
If the judge grants my disqualification motion, can the other side appeal that?
No. Rule 15 says an order favorable to the moving party cannot be reviewed by appeal or any other method.
Source & verification. Rule text is reproduced verbatim from the
Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma
as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes.
Last verified August 3, 2026.
· Official source
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