State Ex Rel. Cohen v. Riley

As the dissenting opinion points out, there is little to be said for a “peek and run” system that would allow a litigant to use a trial judge’s time and then disqualify the judge after the party gets an unfavorable ruling. However, I believe that a trial judge has sufficient discretion and flexibility under our rules to avoid and deter “peek and run” maneuvers. Our rules accommodate both the need of the judicial system for economy and expedition as well as the desirability of allowing a free change of judge where application is timely made.

The rules of civil procedure govern varying modes of…