C-25 - Code of Civil Procedure

Section 238 Disposition versions

2003-01-01

238. A recusation motion is disposed of by the judge seized of the case. The judge’s decision is subject to appeal in accordance with the rules applicable to appeals from an interlocutory judgment.

1965 (1st sess.), c. 80, a. 238; 1999, c. 40, s. 56; 2002, c. 7, s. 50.

1999-10-22

238. A recusation proposed before the judge has made a declaration must be communicated to him and he must, within 10 days, declare in writing whether or not the grounds alleged are true. After such time has expired, the motion is referred to the court, to be heard in the absence of the recused judge.

1965 (1st sess.), c. 80, a. 238; 1999, c. 40, s. 56.

1977-12-31

238. A recusation proposed before the judge has made a declaration must be communicated to him and he must, within 10 days, declare in writing whether or not the grounds alleged are true. After such delay has expired, the motion is referred to the court, to be heard in the absence of the recused judge.

1965 (1st sess.), c. 80, a. 238.