Are you concerned that you are not getting a fair trial in West Palm Beach? You may be able to have the judge disqualified if you know the procedure. Experienced Palm Beach probate litigators have learned that a judge is only human and sometimes they may become prejudiced against one side. When that happens its time to motion for disqualification.
Motions to Disqualify
- What is the difference between recusal and disqualification?
- Recusal is when the West Palm Beach probate judge removes himself from the case.
- On a motion to disqualify you are asking the judge to take that action.
- When is it fair to seek disqualification?
- Experienced Palm Beach probate litigators know that it is not just one scenario that triggers recusal or disqualification.
- You are going to have to look for signs that a judge is prejudging matters or has a bias for one party.
- In certain cases the judge may have as little as thirty days to respond to your motion.
- Do you know what you are going to have to put into a motion to disqualify a probate judge?
- Maybe this sounds obvious but you also have to serve the judge with that motion if you want the time limit to run.
- Check out this recent case out of the Fifth District Court of Appeal to see how these time limits cannot start counting until service.
McCone v. Pitney Bowes
- This was an appeal to the Fifth District Court of Appeal following a motion to disqualify a judge.
- The motion was not ruled on by the trial judge so the party sought review from the appeals court.
- The appellant argued that since the judge did not rule in thirty days he should automatically win.
- The problem was he forgot to serve the judge with the motion!
- On appeal the court found that the time limits cannot begin until the judge has fair notice.
- This is not a novel idea, notice is crucial in all forms of probate litigation.
Want to learn more about how to get a judge disqualified in West Palm Beach?
Check out the entire case by clicking here.