Court & Hearings
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How to request change of judge in your case How-To
Choose a reason to substitute your judge
You may ask for your case to be moved to a new judge by filing either of the following motions at the earliest practical moment:
- A Motion for Substitution of Judge without cause (called as of Right):
Each party is entitled to one substitution as a matter of right. However, you may not use your one substitution as of right if your motion is filed
- to delay or avoid a trial
- if your judge has already made a substantial ruling in your case
Or
- A Motion for Substitution of Judge for Cause:
To use this reason, you must show that your judge has demonstrated actual prejudice against you. This is a very high legal burden to meet and often requires supporting evidence
- Note that when you file your motion, your judge may transfer the case to an uninvolved judge for a hearing. If the uninvolved judge determines that there is not cause to substitute, your case will be sent back to your judge. If the uninvolved judge determines that there is cause to substitute, your case will be randomly reassigned to another Domestic Relations judge.
Your case may move to a new judge for reasons beyond your control, such as:
- In the general course of court administration, or
- If your judge recuses herself (removes herself from your case). If your judge recuses herself, you substitute your judge, or your case is reassigned in the general course of court administration, your case will be randomly reassigned to another Domestic Relations Judge. For more information on Motions for Substitution, see 735 ILCS 5/2-1001
Last full review by a subject matter expert
May 08, 2019
Last revised by staff
May 24, 2020
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