The moving party must request that the Magisterial District Judge recuse (excuse) himself/herself, and that this case be sent to another Magisterial District Judge. If the Magisterial District Judge agrees to recuse, then (1) the Magisterial District Judge can send the case to a Magisterial District Judge as designated by Court Order at Number 92-3; or (2) the Magisterial District Judge calls the Court Administrator's Office stating that there has been a recusal and that the Court should choose a Magisterial District Judge outside of the Order at Number 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 (see attached sample) 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 before 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 (for civil cases) or the Clerk of Court's Office (for criminal cases) with enough copies to be distributed to: the opposing party, the original Magisterial District Judge's office, the Magisterial District Judge the case was transferred to, the court administrator's office, and the moving party. If the judge denies the change of venue, your case will then be returned to the original Magisterial District Judge's office for disposition.