542.16 NOTICE TO REMOVE.
Subdivision 1. Initial disqualification.
Any party, or the party's attorney, to a cause pending
in a district court, except for a proceeding under section
, may make and file with the
court administrator in which the action is pending and serve on the opposite party a notice to
remove. The notice must be served and filed within ten days after the party receives notice of
which judge or judicial officer is to preside at the trial or hearing, or, if no notice of a hearing
is served with the summons, then within the time to answer the summons, whichever is later.
Thereupon without any further act or proof, the chief judge of the judicial district shall assign any
other judge of any court within the district to preside at the trial of the cause or the hearing of the
motion or order to show cause, and the cause shall be continued on the calendar, until the assigned
judge can be present. In criminal actions the notice to remove shall be made and filed with the
court administrator by the defendant, or the defendant's attorney, not less than two days before the
expiration of the time allowed by law to prepare for trial and in any of those cases the presiding
judge shall be incapacitated to try the cause. In criminal cases, the chief judge, for the purpose of
securing a speedy trial, may change the place of trial to another county.
Subd. 2. Subsequent disqualifications.
After having once disqualified a presiding judge as a
matter of right under subdivision 1, a litigant may disqualify the substitute judge, but only by
making an affirmative showing of prejudice. A showing that the judge might be excluded for bias
from acting as a juror in the matter constitutes an affirmative showing of prejudice. If a litigant
makes an affirmative showing of prejudice against a substitute judge, the chief judge of the
judicial district shall assign any other judge of any court within the district to hear the cause.
History: (9221) RL s 4101; 1919 c 92 s 1; 1927 c 283; 1931 c 200; 1937 c 237 s 1; 1978 c
647 s 2; 1979 c 233 s 18; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2000 c 372 s 1