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Current as of January 01, 2025 | Updated by Findlaw Staff
1. When the presiding judge assigns an associate circuit judge to sit as a circuit judge in a particular case and, thereafter, the associate circuit judge is disqualified from hearing the case, the case shall be returned to the presiding judge for reassignment to another judge of the circuit court including the presiding judge himself should that be necessary in the discretion of the presiding judge.
2. When a presiding judge elects to hear and determine a case but subsequently is disqualified, such judge is disqualified for all purposes and the chief justice of the supreme court shall assign a competent judge to hear and determine the case, except as provided in subsection 3 of this section.
3. In any circuit, which has four circuit judges or less, when a presiding judge elects to hear and determine a case but subsequently is disqualified, such presiding judge may assign another judge within the circuit, qualified to hear the case, to hear and determine the case. If there is no other judge within the circuit qualified to hear the case, the chief justice of the supreme court shall assign a competent judge to hear and determine the case.
4. The provisions of this section shall apply to disqualification of any judge in the probate division of a circuit court.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXII. Courts § 478.255. Disqualification of judge, reassignment procedure--applicability to probate judges - last updated January 01, 2025 | https://codes.findlaw.com/mo/title-xxxii-courts/mo-rev-st-478-255/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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