FL rules of judicial administration Flashcards
A motion to disqualify a trial judge must be: (3) things
(1) in writing
(2) state the grounds for disqualification
(3) be sworn to by the party
What is allowed by the judge against whom the initial motion to disqualify is filed?
Only permitted to rule on the legal sufficiency of the motion (can’t look at the facts). If the motion is sufficient, the judge shall immediately grant an order disqualifying himself
What can a successor judge do with regard to a successive motion to disqualify?
The judge against whom a motion to disqualify is filed by a party who has already had a previous judge disqualified on motion must rule on the merits of the motion and may not be disqualified unless she can’t be fair or impartial
When must a motion for reconsideration of a disqualification of a judge be made?
Must be filed within 20 days of the order of disqualification unless good cause is shown
When an attorney signs a pleading, she is certifying that:
(1) the attorney has read it
(2) to the best of her knowledge, there is good grounds to support the pleading
(3) the document’s purpose isn’t to delay the proceedings
(4) the document contains no confidential information or that any such confidential or protected info has been protected
Any attorney’s appearance for a party in a proceeding shall only terminate by:
(1) by order of the court upon a motion or hearing
(2) by order of the court upon substitution of counsel
(3) automatically upon termination of proceeding and following the expiration of time for appeal
Judicial records are open to the public with the exception of:
(1) records related to judicial decision-making
(2) records that relate to court administration
(3) court records that relate to security of the courthouse
(4) records made confidential under Florida and U.S. law or by court rule
***records related to judicial decision-making that are made part of the court record are open to the public
