Legal Question in Civil Litigation in Florida
How do you petition for a new judge in a Small Claims case in Florida?
2 Answers from Attorneys
You need to file a motion to recuse the judge.Judges don't traditionally like to be taken off cases. You are going to have to cite some pretty good reasons other than you don't think you'll get a fair trial in a matter. A lot of attorneys have tried to recuse a judge and they don't get anywhere. Chances are pretty good that the judge will just dismiss your letter if you send one. You can try, but I seriously doubt you will be successful. Some grounds that might work are if the judge is related to or in business with a party. I've never seen a judge recused from a case.
Judges are supposed to recuse themselves without a motion when they are conflicted. So asking one is like telling the judge that he's wrong and should have recused himself/herself already.
Basically, you don't. You may try, but good luck.