TX · rules
Tex. R. App. P. 16.3
Procedure for Recusal
(a) Motion. A party may file a motion to recuse
a justice or judge before whom the case is
pending. The motion must be filed promptly
after the party has reason to believe that the
justice or judge should not participate in
deciding the case.
(b) Decision. Before any further proceeding in
the case, the challenged justice or judge must
either remove himself or herself from all
participation in the case or certify the matter
to the entire court, which will decide the
motion by a majority of the remaining judges
sitting en banc. The challenged justice or
judge must not sit with the remainder of the
court to consider the motion as to him or her.
(c) Appeal. An order of recusal is not reviewable,
but the denial of a recusal motion is
reviewable.
History
Notes and Comments Comment to 1997 change: Former Rules 15 and 15a are merged. Former Rule 15a appears as subdivision 16.2. For grounds for disqualification, reference is made to the Constitution and statutes rather than the Rules of Civil Procedure. The procedure for disqualification is not specified. The nature of prior participation in a proceeding that requires recusal is clarified. Former subdivision (b) of Rule 15, requiring service of the motion, is omitted as unnecessary. The remaining subdivisions of former Rule 15 are contained in subdivision 16.3. Other changes are made.
Provenance
- Source
- txcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-14
- Content hash
22f8610fdee70e06aadc682ba73d09547128b838c4c3bbf45a644d492d87dee9
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