Providing counsel to partiesRule 8.615
0 opinions cite Rule 8.615
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Cited as rule 8.615 under earlier numbering (1)
These opinions cite a rule numbered 8.615 before that number meant this rule: before the rules were renumbered on July 1, 1991, or before this rule was adopted (effective 1991-07-01). They are about a different rule.
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(a) Duty of the Court.
(1) At each stage of the proceeding the court shall advise all parties of their right to have counsel present. The court shall appoint counsel to insolvent persons who are so entitled as provided by law. The court shall ascertain whether the right to counsel is understood and, where appropriate, knowingly and intelligently waived. The court shall enter its findings in writing with respect to the appointment or waiver of counsel for insolvent parties.
(2) The court may appoint an attorney for the child or parent, guardian, or custodian of the child as provided by law.
(b) Waiver of Counsel.
(1) No waiver shall be accepted where it appears that the party is unable to make an intelligent and understanding choice because of mental condition, age, education, experience, the nature or complexity of the case, or other factors.
(2) A waiver of counsel shall be made in court and be of record.
(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.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 1991-07-01 Added · 589 So.2d 818