This is a multi-state form covering the subject matter of: Motion for Disclosure of any Possible
Basis of Judicial Recusal.
Florida Motion for Disclosure of Any Possible Basis of Judicial Recusal
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How to fill out Motion For Disclosure Of Any Possible Basis Of Judicial Recusal?
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FAQ
If a judge recuses after a case has been assigned to a panel but before oral argument occurs, a replacement judge will typically be assigned to hear that case.
The judge has personal or financial interest in the outcome. This particular ground varies by jurisdiction. Some require recusal if there is any interest at all in the outcome, while others only require recusal if there is interest beyond a certain value. The judge determines he or she cannot act impartially.
Recusal means the self-removal of a judge or prosecutor because of a conflict of interest.
The judge is only required to order recusal (or refer the matter over to another judge to decide whether recusal is necessary) if a reasonable person, knowing all the facts, would have doubts about the judge's ability to be impartial in the case.
Judges recuse themselves when they take no part in deciding cases that they would otherwise help decide. The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations: Where the judge has a financial interest in the case's outcome.
Allows a party to seek disqualification of the assigned trial judge where the party feels he will not receive a fair trial or hearing because of a specifically described prejudice or bias of the judge. Rule 2.330 (f), Fla. R. Jud.
A motion to disqualify shall be filed within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the motion and shall be promptly presented to the court for an immediate ruling.
The purpose for which litigants seek recusal of a judge on a multi-judge appellate court is primarily to prevent the allegedly conflicted judge from participating in the case.