Rule 58.Motions to Disqualify
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 58
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
The procedure for disqualifying a family court judge is the same as that in Rule 17 of the Trial Court Rules for Trial Courts of Record. The family court does not have its own separate mechanism.
What this rule adds is coverage of the gap. While a disqualification motion is pending, the chief justice of the Supreme Court of Appeals may assign someone to hear emergency matters — another family court judge, a former family law master or family court judge, a circuit court judge, or a senior status circuit court judge.
If the motion is granted, the chief justice must promptly assign one of the same category of judges to preside over the case, so a successful disqualification does not leave the case without a judge.
Frequently Asked Questions
How is a family court judge disqualified?
By the procedure set forth in Rule 17 of the Trial Court Rules for Trial Courts of Record.
Who hears urgent matters while the motion is pending?
Whoever the chief justice of the Supreme Court of Appeals assigns — another family court judge, a former family law master or family court judge, a circuit court judge, or a senior status circuit court judge.
What happens if the motion is granted?
The chief justice promptly assigns another judge from the same categories to preside over the case.
Does the family court have its own disqualification standard?
No — it adopts the trial court procedure.
Are mediators subject to the same standard?
Mediators are subject to Canon 3 of the Code of Judicial Conduct under Rule 42, which is the judicial disqualification canon, with its own motion procedure.