Rule 26. MOTIONS GENERALLY, MOTIONS TO DISQUALIFY, EMERGENCY MOTIONS, AND MOTIONS TO EXPEDITE

(1) Motions While Matter is Pending. Motions may be filed while a matter is pending in this Court. Motions should comply with Rules 15, 16, 17, and 20. Responses to motions may be filed at any time.

(2) Motion to Disqualify. Unless otherwise provided by order of the Court, cause for disqualification or recusal of a Justice of this Court shall be brought to the attention of the Court by motion no later than five days 27 after the movant first learned of the alleged grounds for disqualification, and no later than ten days prior to oral argument, if oral argument has been set, unless good cause be shown for failure to meet such time requirements. In no event shall the motion be allowed to delay oral argument or decision in the case. The motion and all evidence thereon shall be presented by accompanying affidavit(s) which shall clearly state the facts and reasons for the belief that alleged bias or prejudice exists, being definite and specific as to time, place, persons, and circumstances of the factual basis which demonstrate alleged bias in favor of any adverse party, alleged prejudice toward the moving party, or a basis upon which the Justice's impartiality otherwise might be reasonably questioned. Allegations consisting of bare conclusions and opinions shall not be legally sufficient to support the motion or warrant further proceedings. A Justice whose impartiality is questioned will determine, alone or in consultation with the other Justices, whether to grant or deny the motion to disqualify or to disqualify himself or herself from or not participate in the case voluntarily, rendering the motion moot. The criteria for disqualification are set forth in statutory law, case law, and the Code of Judicial Conduct. When a Justice is disqualified or is not participating, the underlying action will proceed in accordance with Rule 57, as needed.

(3) Emergency Motions. An emergency motion filed with the Clerk should comply with Rules 15, 16, 17, and 18. If the emergency motion seeks supersedeas, it must also comply with Rule 9. Any response to the emergency motion shall be filed as promptly as possible and, in appropriate cases, the Court may act on a motion without waiting for a response. Oral argument on an emergency motion will not be permitted unless the Court so directs. An emergency motion that is filed before the main case is docketed, and is not filed as a motion for supersedeas contemporaneously with a discretionary or interlocutory application, will be designated as an emergency matter and shall: 28

(a) Contain an explanation why an order of this Court is necessary and why the action requested is time-sensitive;

(b) Contain a stamped "filed" copy of the order being appealed;

(c) Include a stamped "filed" copy of the notice of appeal;

(d) Show service upon the opposing party before filing the motion with the Court; and

(e) Be accompanied by the appropriate filing fee or affidavit of indigence or is shown to otherwise meet an exception as provided in Rule 5.

(4) Motions to Expedite. A motion to expedite a decision on the case shall not be granted absent extraordinary circumstances, such as when the appeal would become moot absent an expedited decision. A motion to expedite is not a substitute for seeking equitable relief pending appeal.