Code of Organization and Civil Procedure (Cap. 12), article 739

739. The challenge of a judge shall not be admissible where the party raising the objection, if the plaintiff, has already subm itted his claim at the trial, or, if the defendant, has already set u p his pleas in defence, unless the gr ound of challenge shall have ari sen subsequently, or unless the party raising the objection, or his advocate, shall declare upon oath that he was not aware of such ground, or that it did not occur to him at the time. Application of provisions to magistrates. Amended by: IV .1905.2; XV .1913.141; XXIV .1995.282.