The moving party must request that the Magisterial District Judge recuse (excuse) himself/herself, and that the case be sent to another Magisterial District Judge. If the Magisterial District Judge agrees to recuse, then either:
- The Magisterial District Judge can send the case to another Magisterial District Judge, as designated by Administrative Court Order 92-3, or
- The Magisterial District Judge may contact the Court Administrator's Office stating that there has been a recusal and that the Court should consider choosing a Magisterial District Judge outside of the parameters detailed in Administrative Court Order 92-3 to hear the case.
If the Magisterial District Judge refuses to recuse, then the moving party must prepare a Motion (a written outline stating the reason for the change of venue) and Order to be presented to President Judge Katherine B. Emery at her Motions Court. Motions are heard every Tuesday, Wednesday and Thursday, at 9:15 a.m. The moving party must give the opposing party three days' notice and a copy of the Motion and Order to be presented prior to appearing at Motions Court.
If the judge grants the change of venue, then the original signed Motion and Order should be filed in the Prothonotary's Office (civil case) or the Clerk of Court's Office (criminal case), with enough copies to be distributed to the following:
- The opposing party;
- the original Magisterial District Judge;
- the district court administrator's office;
- and the moving party.
If the judge denies the change of venue, your case will be returned to the original Magisterial District Judge's office for disposition.