Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.
Based on title 28, U.S.C., 1940 ed., § 25 (Mar. 3, 1911, ch. 231, § 21,36 Stat. 1090).
The provision that the same procedure shall be had when the presiding judge disqualifies himself was omitted as unnecessary. (See section
291 et seq. and section
455 of this title.)
Words, “at which the proceeding is to be heard,” were added to clarify the meaning of words, “before the beginning of the term.” (See U.S. v. Costea, D.C.Mich. 1943, 52 F.Supp. 3.)
Changes were made in phraseology and arrangement.
This amendment clarifies the intent in section
144 of title
28, U.S.C., to conform to the law as it existed at the time of the enactment of the revision limiting the filing of affidavits of prejudice to one such affidavit in any case.
1949—Act May. 24, 1949, substituted “in any case” for “as to any judge” in second sentence of second par.
Abolition of Terms
For abolition of formal terms of the court and replacement by sessions, see sections
139 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.