Legal Question in Family Law in Florida

Excusal of Judge...

How does a private party in a civil suit (family law) go about getting an excusal for the district judge in the case? Proper procedures were not followed and I'd like to start afresh with a new judge...No Judgement has been filed, and I have no attorney...


Asked on 4/05/08, 12:19 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Excusal of Judge...

First, get a lawyer. There is nothing more expensive than NOT having a lawyer.

Then, if you must get rid of the judge, here's how:

File a Motion To Disqualify or Recuse the Trial Judge. In your motion, you'll have to describe why the judge needs to step down and order the clerk to assign a new judge. You'll also have to say why you "fear that you could not get a fair and impartial trial from the judge" and you'll have to swear to all of it. You may want to look at Florida Statutes Section 38.10 and the Florida Rules of Judicial Administration 2.160(f). If the motion is found legally sufficient (done right), the judge should immediately enter an order granting disqualification and proceed no further in your case.

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Answered on 4/08/08, 2:25 pm


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