There are probably a few things that you desperately want out of your probate lawsuit in West Palm Beach, one of which is a fair trial judge. Do you know how to get the judge to recuse him or herself? You may need to file a few motions to get the results you need, learn how from this recent appeal from St. Lucie County to the Appeals Court located in West Palm Beach.
The Right to a Fair Trial
- You have a right to a fair trial in West Palm Beach probate court.
- This includes a right to a fair and impartial judge.
- So what can you do when you feel like the judge is biased?
- You may be able to get the judge disqualified but do you know how?
- Experienced Palm Beach probate litigators earn their money by getting you the results you need, this includes getting a judge off the case if need be.
- Do you know what to put into a motion to disqualify the West Palm Beach probate trial judge?
- How can you be sure that a judge is “pre-judging” the matters?
- The truth is there is a fine line between “pre-judging” and actual “judging.”
- If you are unsure about whether or not the judge is pre-judging, consult an expert trial attorney who knows what to look for.
- If all else fails you can always look to the old case law to learn what is and what is not allowed in the trial courts in West Palm Beach.
Kowallek v. Rhem et. al.
- This was an appeal from two orders of the St. Lucie trial court but the appeal was done in the Fourth District Court of Appeals in West Palm Beach.
- If you file a motion to disqualify guess who decides it?
- That is right, the judge you are trying to disqualify!
- This makes it especially hard to get these motions granted in West Palm Beach.
- That does not mean it is impossible.
- If you think the other side is being shown favoritism there are ways to build a record on appeal.
- Are you hiring court reporters to attend all hearings?
- If not how do you plan on proving the favoritism?
- Are you expecting the judge to write it down in his or her own orders?
- These are the kind of mistakes that experienced Palm Beach probate litigators do not make.
- If you are going it alone, it is not too late to consult an experienced attorney about whether or not the judge is being unfair.
Want to learn more?
Check out the entire case by clicking here.