Chapter 38 — Chapter 38
13 sections in this chapter.
Fla. Stat. § 38.01 Disqualification when judge party; effect of attempted judicial acts
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Every judge of this state who appears of record as a party to any cause before him or her shall be disqualified to act therein, and shall forthwith enter an order declaring himself or herself to be disqualified in said cause. Any and all attempted judicial acts by any judge so di…
Fla. Stat. § 38.02 Suggestion of disqualification; grounds; proceedings on suggestion and effect
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In any cause in any of the courts of this state any party to said cause, or any person or corporation interested in the subject matter of such litigation, may at any time before final judgment, if the case be one at law, and at any time before final decree, if the case be one in …
Fla. Stat. § 38.03 Waiver of grounds of disqualification by parties
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The parties to any cause, or their attorneys of record, may, by written stipulation filed in the cause, waive any of the grounds of disqualification named in s. 38.02 and such waiver shall be valid and binding as to orders previously entered as well as to future acts of the judge…
Fla. Stat. § 38.04 Sworn statement by judge holding himself or herself qualified
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Whenever any judge shall enter an order under s. 38.02 declaring qualification to act in said cause, he or she shall contemporaneously therewith file therein a sworn statement that to the best of his or her knowledge and belief the ground or grounds of the disqualification named …
Fla. Stat. § 38.05 Disqualification of judge on own motion
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Any judge may of his or her own motion disqualify himself or herself where, to the judge’s own knowledge, any of the grounds for a suggestion of disqualification, as named in s. 38.02, exist. The failure of a judge to so disqualify himself or herself under this section shall not …
Fla. Stat. § 38.06 Effect of acts where judge fails to disqualify himself or herself
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In any cause where the grounds for a suggestion of disqualification, as set forth in s. 38.02, appear of record in the cause, but no suggestion of disqualification is filed therein, the orders, judgments, and decrees entered therein by the judge shall be valid. Where, on a sugges…
Fla. Stat. § 38.07 Effect of orders entered prior to disqualification; petition for reconsideration
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When orders have been entered in any cause by a judge prior to the entry of any order of disqualification under s. 38.02 or s. 38.05, any party to the cause may, within 30 days after the filing in the cause of the order of the chief judge of the circuit or the Chief Justice of th…
Fla. Stat. § 38.08 Effect of orders where petition for reconsideration not filed
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If no petition for reconsideration is filed, as provided for in s. 38.07, all orders entered by the disqualified judge prior to the entry of the order of disqualification shall be as binding and valid as if said orders had been duly entered by a qualified judge authorized to act …
Fla. Stat. § 38.09 Designation of judge to hear cause when order of disqualification entered
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Every judge of this state shall advise the chief judge of the circuit upon the entry of an order of disqualification. An order of assignment shall then be entered as provided by the Florida Rules of Judicial Administration. In the event any judge is disqualified as herein provide…
Fla. Stat. § 38.10 Disqualification of judge for prejudice; application; affidavits; etc
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Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party…
Fla. Stat. § 38.12 Resignation, death, or removal of judges; disposition of pending matters and papers
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Upon the resignation, death, or impeachment of any judge, all matters pending before that judge shall be heard and determined by the judge’s successor, and parties making any motion before such judge shall suffer no detriment by reason of his or her resignation, death, or impeach…
Fla. Stat. § 38.22 Power to punish contempts
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Every court may punish contempts against it whether such contempts be direct, indirect, or constructive, and in any such proceeding the court shall proceed to hear and determine all questions of law and fact.
Fla. Stat. § 38.23 Contempt defined
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A refusal to obey any legal order, mandate or decree, made or given by any judge relative to any of the business of the court, after due notice thereof, is a contempt, punishable accordingly.