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NEVADA STATUTES AND CODES

1.230 - Grounds for disqualifying judges other than Supreme Court justices.

1.230  Grounds for disqualifying judges other than Supreme Court justices.

      1.  A judge shall not act as such in an action or proceeding when the judge entertains actual bias or prejudice for or against one of the parties to the action.

      2.  A judge shall not act as such in an action or proceeding when implied bias exists in any of the following respects:

      (a) When the judge is a party to or interested in the action or proceeding.

      (b) When the judge is related to either party by consanguinity or affinity within the third degree.

      (c) When the judge has been attorney or counsel for either of the parties in the particular action or proceeding before the court.

      (d) When the judge is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree. This paragraph does not apply to the presentation of ex parte or uncontested matters, except in fixing fees for an attorney so related to the judge.

      3.  A judge, upon the judge’s own motion, may disqualify himself or herself from acting in any matter upon the ground of actual or implied bias.

      4.  A judge or court shall not punish for contempt any person who proceeds under the provisions of this chapter for a change of judge in a case.

      5.  This section does not apply to the arrangement of the calendar or the regulation of the order of business.

      [45:19:1865; A 1907, 25; 1927, 108; 1931, 247; 1937, 214; 1939, 255; 1931 NCL § 8407] + [45a:19:1865; added 1931, 247; 1931 NCL § 8407.01]—(NRS A 1957, 69; 1965, 551; 1969, 351; 1975, 608; 1977, 765)

     

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