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Peremptory Excusal of a District Judge Recusal

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4-102. Certificate of excusal or recusal.

[For use with Magistrate Court Rule 2-105 NMRA and Metropolitan Court Rule 3-105 NMRA]

STATE OF NEW MEXICO

COUNTY OF

IN THE COURT

Plaintiff,

V. No.

Defendant.

CERTIFICATE OF EXCUSAL OR RECUSAL

I hereby certify that I have from presiding in the above case.

The parties have not filed a stipulation agreeing to another judge of the district to hear the case.

It is requested that another judge be designated according to law.

Judge

Division

[As amended, effective May 1, 1986; September 1, 1989; November 1, 1995; as amended by Supreme Court Order No. 10-8300-016, effective May 14, 2010.]

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What the Peremptory Excusal of a District Judge Recusal Is

The Peremptory Excusal of a District Judge Recusal is a written procedural filing used to request that a sitting district court judge be removed from a case due to alleged bias, prejudice, or other disqualifying circumstances. It sets out the party making the request, identifies the judge and case, and presents the factual basis supporting disqualification. The document may be governed by federal and local rules on recusal and must be filed and served according to court procedures to preserve the requester’s rights and avoid waiver of the claim.

Why a Peremptory Excusal Matters for Case Integrity

Using a peremptory excusal preserves impartial decision-making by formally notifying the court and other parties about potential judicial bias. It creates a clear, contemporaneous record and triggers court procedures that protect due process.

Why a Peremptory Excusal Matters for Case Integrity

Who Typically Prepares and Files This Document

The filing is most often prepared by counsel but can be submitted by a self-represented party where appropriate.

  • Plaintiffs and defendants who believe a judge cannot be impartial and need reassignment of the judge.
  • Attorneys who must preserve appellate rights by creating a formal, timely record of the alleged bias.
  • Court clerks or support staff who assist with proper formatting, filing, and service under local rules.

Essential Elements of a Professional Recusal Filing

A professional peremptory excusal is concise, fact-based, and organized to align with court rules and evidentiary standards for disqualification.

Case Caption

Use the full case caption and docket number exactly as shown on court filings; mistakes here can delay processing and service.

Affiant Information

Provide the filer’s full legal name, role (plaintiff, defendant, counsel), business or mailing address, telephone number, and email address for service.

Grounds Alleged

State the legal basis and concise description of the alleged bias or disqualifying circumstance without argument or collateral matters.

Supporting Facts

List concrete facts and dates that show bias or a conflict, including specific conduct, statements, or relationships with parties or counsel.

Signature Block

Include a dated signature of the affiant or counsel. Electronic signatures are acceptable where permitted by the court or local e-filing rules.

Certificate of Service

Document how and when opposing parties and the clerk were served, including the method and recipient addresses.

Required Information and Common Data Fields

Docket Number: Case identifier
Judge Name: Judge to be excused
Affiant Name: Person filing
Contact Details: Address and phone
Statement of Facts: Concise facts
Service Recital: How parties were served

Step-by-Step: Filling Out the Recusal Request

Follow a structured sequence to ensure the filing is complete, timely, and conforms to the court’s procedural requirements.

  • 01
    Prepare: Collect case caption, judge name, and factual details.
  • 02
    Draft: Write a concise affidavit listing dates, statements, and connections.
  • 03
    Sign: Affiant or counsel signs and dates the document.
  • 04
    File and Serve: File with the clerk and serve all parties per local rules.

How to Complete and Customize the Form Online

Configure online fields and workflow steps so the filing is compatible with court e-filing and internal review processes.

Field Configuration
Case Caption Auto-fill from docket metadata
Judge Name Mandatory text field, no abbreviations
Supporting Facts Multi-line field with character limits
Service Record Attach PDF and record date/time

Where to File and How the Document Moves Through the Court

Understand the typical routing so the filing reaches the right office and preserves the issue for the record.

  • Clerk’s Office: File the original with the court clerk per local filing rules.
  • Judge’s Chambers: Clerk forwards the request to the assigned judge for review.
  • Opposing Parties: Serve all parties promptly to give them notice and opportunity to respond.
  • Electronic Docket: Ensure the filing posts to the electronic case docket (CM/ECF) if required.

Options for Sharing the Recusal Filing

Recusal filings can be delivered through several channels depending on court rules and local practices.

  • Electronic Filing: Use the court’s e-filing system where available; follow format and access rules.
  • Email Service: When permitted, use court-approved email addresses and retain delivery receipts.
  • Paper Filing: File and serve printed copies via clerk and certified mail when required by the court.

Timing and Deadlines to Watch

Time sensitivity varies by jurisdiction; file promptly after discovering the facts that support recusal to avoid waiver.

Immediate Filing Recommended:

File as soon as bias is discovered; many courts treat delayed claims as waived.

Response Window:

Local rules often allow the judge or opposing party to file a response within a short period.

Court Schedule Impact:

Filing may trigger reassignment or temporary stay of proceedings pending resolution.

Emergency Situations:

If bias is urgent, request expedited consideration or emergency review per local rules.

Preservation for Appeal:

Proper, timely filing and service are required to preserve recusal issues for appellate review.

Key Milestones from Filing to Resolution

A typical timeline moves from preparation and filing to service, court review, and final disposition or reassignment.

01

Prepare Affidavit

Gather facts, draft concise sworn statement supporting recusal.

02

File with Clerk

Submit original filing per court format and obtain filing stamp.

03

Serve Parties

Deliver copies to all parties and document service on the certificate.

04

Court Decision

Judge or administrative judge rules on recusal or reassigns the case.

Common Mistakes to Avoid

  • Waiting to file until after an adverse ruling, which can be treated as a waiver of the recusal claim and harm appellate preservation.
  • Relying on conclusory or argumentative statements instead of specific factual allegations tied to dates, statements, or conduct.
  • Failing to follow local formatting, service, or e-filing rules, resulting in rejection or procedural defects.
  • Neglecting to include a proper certificate of service documenting when and how opposing counsel and the clerk received the document.

Risks and Potential Consequences of Improper Filings

Waiver: Lost appellate rights
Sanctions: Court may impose penalties for frivolous claims
Delay: Proceedings can be stalled temporarily
Reputational Harm: Attorney credibility may be affected
Dismissal: Court may reject insufficient filings
Cost: Additional fees and attorney time

How This Filing Differs from Other Recusal Documents

Compare the peremptory excusal to related filings to choose the correct procedural path in your case.

Document Type Primary Purpose Typical Timing
Peremptory Excusal immediate challenge early in case
Affidavit of Bias fact-based allegation when bias discovered
Motion to Recuse formal request for removal can follow discovery
Clerk Assignment Request administrative reassignment court discretion

eSignature Vendor Comparison for Completing and Filing the Document

Compare common vendor pricing and capabilities for electronically preparing, signing, and storing recusal filings and supporting affidavits.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical Examples of When Parties Use a Recusal Filing

The following concise scenarios show how a peremptory excusal might be applied in practice.

Civil Litigation Example

A party discovers a judge made public comments about counsel's prior conduct that suggest bias.

  • The party documents specific statements and dates in a sworn affidavit.
  • The filing creates a contemporaneous record and triggers an administrative review for potential reassignment while preserving appellate rights.

Contract Dispute Example

Counsel learns the presiding judge has a financial interest in a contracting party.

  • Counsel compiles financial disclosures and timelines.
  • The recusal filing identifies the interest, certifies service, and gives the court the factual basis to consider disqualification.

Who Has Authority to Sign the Filing

Lead Counsel

An attorney of record may sign the filing on behalf of a represented client, certifying that the factual assertions are true to the best of counsel’s knowledge.

Pro Se Litigant

A self-represented party may sign their own affidavit and submit the recusal request; courts may require additional verification or guidance for pro se filings.

Frequently Asked Questions About Peremptory Excusal Filings

Answers to common procedural and practical questions about preparing and submitting a recusal request.


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