Florida Juvenile Procedure Rule 8.320
RULE 8.320. PROVIDING COUNSEL TO PARTIES
(a) Duty of the Court.
(1) At each stage of the dependency proceeding, the
court shall advise the parent of the right to have counsel present.
(2) The court shall appoint counsel to indigent parents
or others who are so entitled as provided by law, unless
appointment of counsel is waived by that person.
(3) The court shall ascertain whether the right to
counsel is understood.
(4) At each stage of the dependency proceeding, the
court shall appoint an attorney to represent a child with special
needs as defined in chapter 39, Florida Statutes, and who is not
already represented by an attorney.
(b) Waiver of Counsel.
(1) No waiver of counsel shall be accepted where it
appears that the parent is unable to make an intelligent and
understanding choice because of age, education, experience, the
nature or complexity of the case, or other factors.
(2) A waiver of counsel made in court shall be of record.
The court shall question the party in sufficient detail to ascertain
that the waiver is made knowingly, intelligently, and voluntarily.
(3) If a waiver is accepted at any stage of the
proceedings, the offer of assistance of counsel shall be renewed by
the court at each subsequent stage of the proceedings at which the
party appears without counsel.
Cases Citing Rule 8.320
Total Results: 18
768 So. 2d 1060, 2000 WL 1424659
Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 526759
Cited 36 times | Published
entitled to the assistance of counsel. Moreover, rule 8.320(b)(3) clearly states:
If a waiver is accepted
Category: Juvenile Procedure
642 So. 2d 809, 1994 WL 502318
District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 1529430
Cited 6 times | Published
the record from either parent, as required by rule 8.320(b)(2). Moreover, at least concerning the father
Category: Juvenile Procedure
462 So. 2d 399, 10 Fla. L. Weekly 1
Supreme Court of Florida | Filed: Dec 28, 1984 | Docket: 1509954
Cited 5 times | Published
connection with this rule.
Rule 8.310 [Reserved]
Rule 8.320. Disqualification of Judge
(a) Movant. Any party
Category: Juvenile Procedure
682 So. 2d 1142, 1996 WL 582935
District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 1276152
Cited 3 times | Published
to obtain a waiver of counsel as required by rule 8.320(b)(2), Florida Rules of Juvenile Procedure. This
Category: Juvenile Procedure
671 So. 2d 859, 1996 WL 179968
District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 1247658
Cited 3 times | Published
result. The trial court properly relied upon rule 8.320, Florida Rules of Juvenile Procedure, which relates
Category: Juvenile Procedure
258 So. 3d 1254
Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347876
Published
needs who is not represented by an attorney. Rule 8.320 (Providing Counsel to Parties) is similarly amended
Category: Juvenile Procedure
783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805
Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 64804956
Published
case while preserving the rights of all parties.
RULE 8.320. PROVIDING COUNSEL TO PARTIES
(a) Duty of the
Category: Juvenile Procedure
764 So. 2d 718, 2000 Fla. App. LEXIS 8002, 2000 WL 832734
District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 64799413
Published
judgment and direct the trial court to comply with rule 8.320 concerning appointment of counsel and, thereafter
Category: Juvenile Procedure
750 So. 2d 128, 2000 Fla. App. LEXIS 290, 2000 WL 36874
District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 64794512
Published
counsel, a trial court cannot accept a waiver. See rule 8.320(b)(1). The trial court must question a parent/party
Category: Juvenile Procedure
725 So. 2d 296, 23 Fla. L. Weekly Supp. 493, 1998 Fla. LEXIS 1812, 1998 WL 646859
Supreme Court of Florida | Filed: Sep 18, 1998 | Docket: 64785918
Published
rule 8.310(a)(2) and (a)(4)-(5); rule 8.315(d); rule 8.320(a)(l)-(2); rule 8.325(a)-(c); rule 8.340(a) and
Category: Juvenile Procedure
667 So. 2d 504, 1996 Fla. App. LEXIS 909, 1996 WL 50106
District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 64762030
Published
counsel, Rule 8.320 of the Florida Rules of Juvenile Procedure provides, in pertinent part:
RULE 8.320 PROVIDING
Category: Juvenile Procedure
642 So. 2d 809, 1994 Fla. App. LEXIS 8861
District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 64750882
Published
the record from either parent, as required by rule 8.320(b)(2). Moreover, at least concerning the father
Category: Juvenile Procedure
631 So. 2d 317, 1994 Fla. App. LEXIS 251, 1994 WL 17147
District Court of Appeal of Florida | Filed: Jan 21, 1994 | Docket: 64746089
Published
not properly informed of her right to counsel.
Rule 8.320(a)(1) requires trial courts to inform parents
Category: Juvenile Procedure
625 So. 2d 117, 1993 Fla. App. LEXIS 10478, 1993 WL 407968
District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 64743313
Published
trial court’s statement was a misstatement of Rule 8.320(a), Florida Rules of Juvenile Procedure, which
Category: Juvenile Procedure
536 So. 2d 178, 1988 Fla. LEXIS 1480, 1988 WL 143330
Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64639473
Published
language conforms with section 4 of the rule.
RULE 8.320. DISQUALIFICATION OF JUDGE
(a)-{d) [No change]
Category: Juvenile Procedure
530 So. 2d 920, 13 Fla. L. Weekly 506, 1988 Fla. LEXIS 1527, 1988 WL 90342
Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64636905
Published
counsel at any stage of the proceedings.
OLD RULE
RULE 8.320. DISQUALIFICATION OF JUDGE
(e) Substituted Judge;
Category: Juvenile Procedure
393 So. 2d 1077, 1980 Fla. LEXIS 4461
Supreme Court of Florida | Filed: Dec 24, 1980 | Docket: 64580377
Published
and-approved- by the Florida Supreme Court.
Rule 8.320. Disqualification of Judge
(a) Movant. Any party
Category: Juvenile Procedure
345 So. 2d 655, 1977 Fla. LEXIS 4095
Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 64558421
Published
authorized and approved by the Florida Supreme Court.
RULE 8.320. DISQUALIFICATION OF JUDGE
(a) Any party may
Category: Juvenile Procedure