Affidavit of judicial bias or prejudice
Sec. 2. (a) This section applies where:
(1) an appeal to the court of appeals or the supreme court has
been taken from a judgment rendered against any party, and the
judgment is reversed with the cause remanded for a new trial;
or
(2) the action of the trial court in granting a new trial is
affirmed on appeal.
(b) Either party in the cause is entitled to a change of venue from
the judge before whom the cause is pending, notwithstanding any
changes of venue previously taken, upon filing an affidavit stating
that the party cannot have a fair trial of the cause before that judge
because of bias or prejudice on the part of the judge before whom the
cause is pending.
(c) The judge shall grant the requested change, and it is unlawful
for any judge so challenged to appoint in that case as special judge
any relative by blood or marriage of the judge.
As added by P.L.1-1998, SEC.31.
Last modified: May 24, 2006