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What constitutes a violation of due process in non criminal cases?

Ocala, FL |

This is in the state of Florida, I don't know if it matters which state the hearing took place in. Can a judge accuse a party of a bad faith case without the "accused" side having a chance to provide testimony, witnesses or documents to show why the suit was not in bad faith but only make his decision on the record.

Attorney Answers 3


  1. If there was a hearing you should have been able to explain yourself. Did you file any pleading explaining that your claim was a good faith claim?


  2. Civil procedure rules can be quite frustrating and judges can often seem uninformed and arbitrary. Sometimes, it is simply a matter that the litigants, especially if they are representing themselves, do not understand the rules. There are decisions that are made simply on the face of the pleadings and for which there is no opportunity to explain. There are also, of course, situations in which the judges really are uninformed and arbitrary.

    The only way to answer your question is to have you go to a Florida lawyer (I am not licesed there and am not offering legal advice) and bring all your paperwork. That lawyer can explain to you what the procedural rules were at the hearing where you were offended. She or he can also explain what remedies you still have in your case. She or he can tell you if the judge really did violate the rules and if there is any remedy regarding judicial conduct.

    So, talk to the lawyer and good luck!

    This is not legal advice. In order to get legal advice, you need to retain a lawyer and establish an attorney client relationship. So, talk to your lawyer! [I am licensed to practice law in the state of California and am admitted to the federal courts in California, Washington D.C., the Ninth Circuit, the U.S. Supreme Court and a number of other federal Circuit and District courts. For legal advice, you need to retain a lawyer in the jurisdiction in which the matter is pending.]


  3. The two most basic principles of due process in civil matters are notice (interested parties are given advance notice of proceedings) and opportunity to be heard (interested parties are permitted to present testimony/other evidence in support of their position). These are very general principles which are fleshed out in greater detail in the rules of procedure.

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