
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC144]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
                       CHAPTER 5--DISTRICT COURTS
 
Sec. 144. Bias or prejudice of judge

    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.

(June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, Sec. 65, 
63 Stat. 99.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Sec. 25 (Mar. 3, 1911, ch. 231, 
Sec. 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.

                            1949 Act

    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.


                               Amendments

    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 138 and 139 of this title.
