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The document is an affidavit submitted by the defendant in a legal case, asserting that the presiding judge is prejudiced against them, which would prevent a fair trial. The affidavit details past interactions between the defendant and the judge, including previous prosecution and comments made by the judge that indicate bias. The defendant requests a change of judge due to these concerns.

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What is the rule to disqualify a judge in Florida?

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 partys counsel, whichever is earlier;

Is recusal the same as disqualification?

A recusal or disqualification is a method used to resolve an apparent or actual conflict of interest. A disqualified employee may be required to sign a written statement reflecting the scope of the disqualification and the precise nature of the conflicting interest or activity.

What is the disqualification of justice?

28 U.S.C. Sec. 455 deals with the disqualification of district court judges and it states in part: Any justice, judge, or magistrate, of the United States shall disqualify himself/herself in any proceeding in which his/her impartiality might reasonably be questioned.

What does it mean when a judge is disqualified?

To be disqualified means a judge is removed from a court case, and an alternate judge will get assigned to the proceedings. Any party in a case who wants to seek a peremptory challenge must file a motion to recuse and then follow the proper legal procedures.

What does it mean to recuse yourself from a case?

In law, to recuse means to withdraw from a legal case due to a potential conflict of interest or lack of impartiality. This action can be taken by a judge , juror , or other judicial official who recognizes that their involvement in the case could be biased or perceived as biased.

What happens after a judge is recused?

If the motion is granted, the judge is removed from the case. If the MTR is denied, the judge remains on the case. California law states that a challenge for cause must be filed at the earliest practicable opportunity after a party discovers the grounds for disqualification.

What is the difference between disqualify and recuse?

Judicial disqualification is sometimes used interchangeably with recusal, but has also been seen as distinct from recusal in certain jurisdictions where a disqualification can lead to a case being thrown out after the fact if a judge had a conflict of interest in a case where they did not recuse themselves.

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