What is a motion to disqualify a judge in civil litigation?

A motion to disqualify a judge in civil litigation is a formal request made to the court asking that a particular judge be removed from presiding over a particular case. This is done when a party believes that the judge is unable or unwilling to provide a fair and impartial hearing. In Maine, a motion to disqualify a judge is governed by Maine Rule of Civil Procedure 40(g). To start the motion, the filing party must provide a written memorandum of law in support of the motion. The memorandum should explain why the party believes the judge should be disqualified. It must be filed with the motion and must include all legal and factual arguments in support of the motion. In Maine, the motion must be filed within ten days of the judge’s assignment to the case. If the motion is filed timely, then the judge is automatically removed from the case and a new judge is assigned. If the motion is untimely, then the judge is not automatically removed. In this case, the court may decide to keep the judge or to assign a new judge to the case. If the motion is denied, then the filing party may then appeal the order by filing an exception to the order within seven days. If the appeal is successful, then the judge will be disqualified and a new judge will be assigned to the case. If the appeal is unsuccessful, then the judge will remain on the case.

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