US · rules
N.D. Cal. Civil L.R. 3-14
Disqualification of Assigned Judge
Whenever an affidavit of bias or prejudice directed at a Judge of this Court is filed pursuant
to 28 U.S.C. § 144, and the Judge has determined not to recuse him or herself and found that
the affidavit is neither legally insufficient nor interposed for delay, the Judge shall refer the
request for disqualification to the Clerk for random assignment to another Judge.
History
Commentary Recusal under 28 U.S.C. § 455 is normally undertaken by a Judge sua sponte. However, counsel may bring the issue to a Judge’s attention by formal motion or raise it informally at a Case Management Conference or by a letter to the Judge, with a copy to the other parties in the case. This rule does not preclude a Judge from referring matters arising under 28 U.S.C. § 455 to the Clerk so that another Judge can determine disqualification. See also Civil L.R. 3-15.
Provenance
- Source
- cand.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
92c611e9f0fa1599acfd6d9582169b0fd60c1c00c7a61b2caf095dabd8455850
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