Fla. R. Gen. Prac. & Jud. Admin. 2.330

DISQUALIFICATION OF TRIAL JUDGES

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RULE 2.330. 	DISQUALIFICATION OF TRIAL JUDGES
(a) 	Application. This rule applies only to county and circuit
judges in all matters in all divisions of court when acting alone as
the sole judicial officer in a trial or appellate proceeding. It does not
apply to justices, appellate-level judges, or county and circuit
judges sitting on a multi-judge appellate panel.
(b) 	Parties. Any party, including the state, may move to
disqualify the judge assigned to the case on grounds provided by
rule, statute, Code of Judicial Conduct, or general law, and in
accordance with the procedural provisions of this rule.
(c) 	Motion. 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;
(3) 	be sworn to or affirmed by the party by signing the
motion or by attaching a separate affidavit;
(4) 	include the dates of all previously granted motions
to disqualify filed under this rule in the case and the dates of the
orders granting those motions; and
(5) 	include a separate certification by the attorney for
the party, if any, that the motion and the client’s statements are
made in good faith.
(d) 	Service. In addition to filing with the clerk, the movant
shall promptly serve a copy of the motion on the subject judge as
set forth in rule 2.516.
(e) 	Grounds. A motion to disqualify shall set forth all specific
and material facts upon which the judge’s impartiality might
reasonably be questioned, including but not limited to the following
circumstances:
(1) 	the party reasonably fears that he or she will not
receive a fair trial or hearing because of specifically described
prejudice or bias of the judge; or
(2) 	the judge, the judge’s spouse or domestic partner,
or a person within the third degree of relationship to either of them,
or the spouse of domestic partner of such a person:
(A) 	has more than a de minimis economic interest
in the subject matter in controversy or is a party to the proceeding,
or an officer, director, or trustee of a party;
(B) 	is acting as a lawyer in the proceeding;
(C) 	has more than a de minimis interest that could
be substantially affected by the proceeding; or

 

 
(D) 	is likely to be a material witness or expert in
the proceeding.
(3) 	The judge served as a lawyer or was the lower court
judge in the matter in controversy, or a lawyer with whom the judge
previously practiced law served during such association as a lawyer
concerning the matter; or
(4) 	The judge has prior personal knowledge of or bias
regarding disputed evidentiary facts concerning the proceeding.
(f) 	Prohibition against Creation of Grounds for
Disqualification Based Upon Appearance of Substitute or
Additional Counsel. Upon the addition of new substitute counsel
or additional counsel in a case, the party represented by such newly
appearing counsel is prohibited from filing a motion for
disqualification of the judge based upon the new attorney’s
involvement in the case. This subdivision shall not apply, however,
to a motion to disqualify a successor judge who was not the
presiding judge at the time of the new attorney’s first appearance in
the case.
(g) 	Time. A motion to disqualify shall be filed within a
reasonable time not to exceed 20 days after discovery by the party
or party’s counsel, whichever is earlier, of the facts constituting the
grounds for the motion. The motion shall be promptly served on the
subject judge as set forth in subdivision (d). Any motion for
disqualification made during a hearing or trial must be based on
facts discovered during the hearing or trial and may be stated on
the record, provided that it is also promptly reduced to writing in
compliance with subdivision (c)(1) and promptly filed. A motion
made during hearing or trial shall be ruled on immediately.
(h) 	Determination — Initial Motion. The judge against
whom an initial motion to disqualify under subdivision (e) is
directed may determine only the legal sufficiency of the motion and
shall not pass on the truth of the facts alleged. If any motion is
legally insufficient, an order denying the motion shall immediately
be entered. No other reason for denial shall be stated, and an order
of denial shall not take issue with the motion. If the motion is

 

 
legally sufficient, the judge shall immediately enter an order
granting disqualification and proceed no further in the action. Such
an order does not constitute acknowledgement that the allegations
are true.
(i) 	Determination — Successive Motions. If a judge has
been previously disqualified on motion for alleged prejudice or
partiality under subdivision (e), a successor judge cannot be
disqualified based on a successive motion by the same party unless
the successor judge rules that he or she is in fact not fair or
impartial in the case. Such a successor judge may rule on the truth
of the facts alleged in support of the motion.
(j) 	Prior Rulings. 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 30 days of the order of disqualification, unless
good cause is shown for a delay in moving for reconsideration or
other grounds for reconsideration exist.
(k) 	Recusal Upon Judge’s Initiative. Nothing in this rule
limits the judge’s authority to enter an order of recusal.
(l) 	Time for Determination. The judge against whom the
motion for disqualification has been filed shall take action on the
motion immediately, but no later than 30 days after the service of
the motion as set forth in subdivision (d). If the motion is not denied
within 30 days of service, the motion is deemed granted and the
moving party may seek an order from the court directing the clerk
to reassign the case.

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