Florida Motion for Recusal of Judge - Removal

Category:

Civil Procedure - Motions - Recusals

State:

Multi-State

Control #:

US-02218BG

Format:

Instant download

Description

A Judge should disqualify himself or herself in a proceeding where he or she:

" Has a personal bias or prejudice concerning a party;

" Has personal knowledge of disputed evidentiary facts;

" Served as a lawyer in the matter in controversy;

" Practiced law with a lawyer who, during the time of this association, handled the case in question;

" Has been a material witness in the case, or has practiced law with a lawyer who is a material witness;

" Has a financial or other interest in the subject or parties to the proceeding, or a member of his or her immediate family has such an interest;

" Is a party to or a lawyer in the proceeding, or is related to one who is so involved in the proceeding;

" Knows of a relative who has an interest that could be substantially affected by the outcome of the proceeding; or

" Is likely to be a material witness, or is related to one who is likely to be a material witness in proceeding.

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How to fill out Motion For Recusal Of Judge - Removal?

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FAQ

Rule 2.330, Fla. R. Jud. Admin., 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.

Prior factual or legal rulings by a disqualified judge may be reconsidered and vacated or amended by a successor judge based upon a motion for reconsideration, which must be filed within 20 days of the order of disqualification, unless good cause is shown for a delay in moving for reconsideration or other grounds for ...

No private agreement or consent between parties or their attorneys concerning the practice or procedure in an action shall be of any force unless the evidence of it is in writing, subscribed by the party or the party's attorney against whom it is alleged.

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.

Successive judges can only be disqualified if there is a finding that they cannot, in fact, maintain impartiality. Id. Unlike initial motions for disqualification, successive judges may comment on the truth or falsity of the allegations. Id., Rule 2.330(i), Fla.

A motion to disqualify shall: (1) be in writing; (2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualification, and identify the precise date when the facts constituting the grounds for the motion were discovered by the party or the party's counsel, whichever is earlier; ...

Generally speaking, with a few technical exceptions, your motion seeking to disqualify the judge will be procedurally sufficient if (1) you filed the motion under oath within ten days of the incident leading to your basis for removing the judge; (2) your attorney certified in the motion that the motion was brought in ...

Florida Motion for Recusal of Judge - Removal

Description

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How to fill out Motion For Recusal Of Judge - Removal?

Form popularity

FAQ

What is the rule 2.330 in Florida?

What is the rule 2.160 in Florida?

What is the rule 2.505 in Florida?

What are the grounds for judicial recusal?

What is the rule for disqualification judges in Florida?

What is a motion to disqualify in Florida?

How do I get a judge removed from my case in Florida?

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Florida Motion for Recusal of Judge - Removal

Description

Related forms

Viewed forms

How to fill out Motion For Recusal Of Judge - Removal?

Form popularity

FAQ

What is the rule 2.330 in Florida?

What is the rule 2.160 in Florida?

What is the rule 2.505 in Florida?

What are the grounds for judicial recusal?

What is the rule for disqualification judges in Florida?

What is a motion to disqualify in Florida?

How do I get a judge removed from my case in Florida?

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