Affidavits of Disqualification

(A) Definition As used in these rules, an “affidavit of disqualification” is an affidavit filed with the Clerk of the Supreme Court seeking to disqualify a judge of the common pleas court (R.C. 2701.03), a judge of the probate court (R.C. 2101.39), a judge of the court of appeals (R.C. 2501.13), a judge of a municipal or county court (R.C. 2701.031), or a judge of the court of claims (R.C. 2743.041). (B) Filing Filing documents pursuant to this section shall be made either by submitting for filing in person; by delivery service; or by mail addressed to the Clerk, The Supreme Court of Ohio, 65 S. Front St., 8th Floor, Columbus, Ohio 43215-3431, or by email to [email protected]. (C) Judgment Pursuant to Article IV, Section 5(C) of the Ohio Constitution, the Chief Justice of the Supreme Court, or any Justice designated by the Chief Justice, shall render judgment on the affidavit of disqualification. (D) Filing Requirements (1) An affidavit of disqualification shall be filed with the Clerk of the Supreme Court and comply with the requirements of R.C. 2701.03. (2) An affidavit of disqualification shall state specific allegations on which the claim of interest, bias, prejudice, or disqualification is based and the facts to support each of those allegations. (3) All facts stated to support the allegations in the affidavit of disqualification shall be based on personal knowledge of the affiant, affidavits submitted with the affidavit of disqualification and sworn to by individuals with personal knowledge of the allegations, or transcripts or other relevant court records. Pursuant to R.C. 2701.03(B), an affidavit of disqualification shall include the (4) following: The jurat of a notary public or another person authorized to administer oaths (a) or affirmations; 108 A certificate of service that indicates a copy of the affidavit has been served (b) upon the judge against whom the affidavit is filed; A certificate of service that indicates a copy of the affidavit has been served (c) on all other parties, or their counsel, to the underlying case; and The date of the next scheduled hearing in the underlying case, or a statement (d) that there is no hearing scheduled. (5) Pursuant to R.C. 2701.03, an affidavit of disqualification shall be filed not less than seven calendar days before the date of the next scheduled hearing in the underlying case. (6) The Clerk of the Supreme Court shall refuse to file an affidavit of disqualification that is not timely presented under Rule 21.01(D)(5) and R.C. 2701.03(B), or that fails to comply with the requirements of Rule 21.01(D)(4) and R.C. 2701.03(B)(2), (3), or (4). (E) Mechanical Requirements In addition to the requirements imposed by R.C. 2701.03 and Rule 21.01(C), the (1) affidavit of disqualification shall include the following: The case caption, case number, and court for the underlying case in which (a) the affiant is seeking disqualification of a judge; (b) The affiant’s full name and address; (c) If the affiant is represented by counsel, the name of the affiant’s attorney; If the affiant is an attorney, the name and party status of the affiant’s client; (d) and (e) The name(s) and address(es) of all other parties to the underlying case. (2) When an affidavit is presented for filing in person, by delivery service, or by mail, the affiant shall file an original and three copies of the affidavit of disqualification with the Clerk of the Supreme Court. (3) When an affidavit is presented for filing by email, the affiant shall present the affidavit as a Portable Document Format (“PDF”) file. An affidavit of disqualification shall not exceed fifteen numbered pages, exclusive (4) of the certificate of service and any exhibits. Any pages over the limitation will be stricken. (F) Filing Fee There is no filing fee for filing an affidavit of disqualification. 109 Effective Date: March 1, 2019 Amended: January 1, 2023; April 1, 2025