The Florida Motion form is a legal document used to request the court's assistance in enforcing a previous court order or final judgment. It is essential for individuals seeking to address noncompliance by another party, allowing them to formally present their case to the court. To begin the process, complete the form and submit it by clicking the button below.
The Florida Motion for Civil Contempt/Enforcement, officially known as Form 12.960, serves as a crucial tool for individuals seeking to uphold the terms of a prior court order or final judgment. This form is designed for situations where one party believes that another is not complying with a court's directive. By filing this motion, you are essentially asking the court to take action against the non-compliant party. The process begins with the completion of the form, where you must clearly outline the specific order that has been violated and provide details on how the other party has failed to comply. Once the form is filled out, it must be signed in front of a notary public or deputy clerk before being submitted to the clerk of the circuit court. It’s important to note that electronic filing is now required in many cases, making it essential to familiarize yourself with the relevant rules and procedures. Additionally, proper service of the motion is critical; it can be done through personal delivery, mail, or email, but personal service is often the most reliable method to ensure the court recognizes it. After filing, a hearing will be scheduled where both parties can present their cases. If the court finds that the other party is indeed in contempt, various remedies may be available, including sanctions or enforcement of compliance measures. Understanding the nuances of this form can significantly impact the outcome of your case, so careful attention to detail is paramount.
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.960,
MOTION FOR CIVIL CONTEMPT/ENFORCEMENT (11/15)
When should this form be used?
You may use this form to ask the court to enforce a prior court order or final judgment.
What should I do next?
To initiate a civil contempt/enforcement proceeding against a party who is not complying with a prior court order, you must file a motion with the court explaining what the party has failed to do. This form should be typed or printed in black ink. After completing this form, you should sign it before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read andfollowed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Instructions for Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)
A copy of this form must be personally served by a sheriff or private process server or mailed,* e- mailed*, or hand delivered to any other party(ies) in your case. *Please note that if notice is mailed or e-mailed, the court in certain circumstances may not consider mailing or e-mailing, to be adequate notice. If you want to be sure, you should have the motion personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a).
The court will then set a hearing. You should check with the clerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing. Once you know the time and date of the hearing, you will need to complete Notice of Hearing on Motion for Contempt/Enforcement, Florida Supreme Court Approved Family Law Form 12.961, or, if applicable, Notice of Hearing (Child Support Enforcement Hearing Officer), Florida Supreme Court Approved Family Law Form 12.921, or [Notice of Hearing Before] General Magistrate, Florida Family Law Rules of Procedure Form 12.920[(c)], which will specify a time and place for a hearing on the issue. A copy of this form must be mailed, e-mailed, or hand delivered to the other party. Again, if notice is mailed, the court in certain circumstances may not consider mailing or e-mailing to be adequate notice. If you want to be sure, you should have the notice personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a).
At the hearing, as in any other civil proceeding, you, as the moving party, will have the burden of proving the other party has not obeyed a prior court order. Once noncompliance is established, the other party will have an opportunity to show an inability to comply with the prior court order. If he or she is unable
to do so, the judge may find the other party to be in contempt. If so, the judge may order appropriate sanctions to compel compliance by the other party, including jail, payment of attorneys’ fees, suit
money, or costs, and coercive or compensatory fines, and may order any other relief permitted by law.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. See also section 61.14, Florida Statutes and rule 12.615, Florida Family Law Rules of Procedure.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR __________________________ COUNTY, FLORIDA
Case No: _________________________
Division: _________________________
____________________________________,
Petitioner, and
Respondent.
MOTION FOR CIVIL CONTEMPT/ENFORCEMENT
_____ Petitioner _____ Respondent requests that the Court enter an order of civil
contempt/enforcement against _____ Petitioner _____ Respondent in this case because:
1.A final judgment or order {title of final judgment or order} _______________________
in this case was entered on {date} _______________, by {court, city, and state} ______________
______________________________________________________________________________
_____ Please indicate here if the judgment or order is not from this Court and attach a copy.
2.This order of the Court required the other party in this case to do or not do thefollowing: {Explain what the other party was ordered to do or not do.} ______________________________
_____ Please indicate here if additional pages are attached.
3.The other party in this case has willfully failed to comply with this order of the Court: {Explain what the other party has or has not done.} ___________________________________________
4.I respectfully request that the Court issue an order holding the above-named person in civil contempt, if appropriate, and/or providing the following relief:
a. _____ enforcing or compelling compliance with the prior order or judgment;
Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)
b._____ awarding a monetary judgment;
c._____ if a monetary judgment was included in the prior order, issuing a writ of execution or garnishment or other appropriate process;
d._____ awarding prejudgment interest;
e._____ requiring the other party to pay costs and fees in connection with this motion;
f._____ if the other party is found to be in civil contempt, ordering a compensatory fine;
g._____ if the other party is found to be in civil contempt, ordering a coercive fine;
h._____ if the other party is found to be in civil contempt, ordering incarceration of the other party with a purge;
i._____ issuing a writ of possession for real property, writ for possession of personal property, or other appropriate writ;
j._____ issuing a writ of bodily attachment if the other party fails to appear at the hearing set on this motion;
k._____ requiring the other party to make payments through the central governmental depository;
l._____ requiring the support payments to be automatically deducted from the other party’s income or funds;
m._____ requiring the other party to seek employment;
n._____ awarding make-up time-sharing with minor child(ren) as follows {explain}: _________
__________________________________________________________________________; and
o._____ awarding other relief {explain}: _____________________________________________
I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand- delivered to the person(s) listed below on {date} _______________.
Other party or his/her attorney:
Printed Name: _________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Telephone Number: _____________________________
Fax Number: ___________________________________
Designated E-mail Address(es): ____________________
_____________________________________________
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated: ______________________
____________________________________________
Signature of Party or his/her attorney
STATE OF FLORIDA
COUNTY OF ____________________
Sworn to or affirmed and signed before me on ____________ by _______________________________.
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or
deputy clerk.]
____
Personally known
Produced identification
Type of identification produced ________________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of:
{name of individual} ____________________________________________________________________,
{name of business} _____________________________________________________________________,
{address} _____________________________________________________________________________,
{city} _________________,{state} _____, {zip code} _________ {telephone number} _________________.
To proceed with your motion for civil contempt/enforcement in Florida, you will need to fill out the appropriate form accurately. This form is essential for notifying the court about the other party's non-compliance with a previous court order. Once completed, the form must be signed, filed, and served according to the guidelines provided.
This form is used to request the court to enforce a prior court order or final judgment. If a party is not complying with a court order, this motion can be filed to seek enforcement and compel compliance.
To start this process, you must file the motion with the court. The motion should explain what the other party has failed to do according to the prior court order. It is important to complete the form accurately and sign it in front of a notary public or deputy clerk. After signing, file the original with the clerk of the circuit court in your county and keep a copy for your records.
The Florida Rules of Judicial Administration mandate that most documents, including motions, be filed electronically. Self-represented litigants can choose to file electronically but are not required to do so. If you opt for e-filing, ensure compliance with Florida Rule of Judicial Administration 2.525 and the specific procedures of your judicial circuit.
After the initial service of process, all documents must be served electronically unless specific circumstances apply. Self-represented litigants may choose to serve documents via email, but they must follow the rules outlined in Florida Rule of Judicial Administration 2.516. It is crucial to designate your email address properly and include it on every form you submit.
The motion must be personally served by a sheriff or private process server. Alternatively, it can be mailed, emailed, or hand-delivered. However, mailing or emailing may not be considered adequate notice by the court in some cases. To ensure proper notification, personal service is recommended.
At the hearing, the moving party must demonstrate that the other party has not complied with the prior court order. If this is established, the other party can present evidence of their inability to comply. If the court finds them in contempt, it may impose sanctions such as fines, attorney fees, or even incarceration, depending on the circumstances.
Additional information can be found in the General Information for Self-Represented Litigants section at the beginning of the forms. You may also refer to section 61.14 of the Florida Statutes and rule 12.615 of the Florida Family Law Rules of Procedure for further guidance.
When filling out the Florida Motion form, individuals often make several common mistakes that can hinder their case. One significant error is failing to provide complete and accurate information. The form requires specific details, such as the title of the final judgment or order and the date it was entered. Omitting this information or providing incorrect details can lead to delays or even dismissal of the motion. It is essential to double-check all entries for accuracy before submitting the form.
Another frequent mistake involves not clearly explaining the other party's noncompliance with the court order. The section asking for an explanation of what the other party has failed to do must be filled out thoroughly. If the explanation is vague or unclear, the court may struggle to understand the basis for the motion. Providing detailed and specific information helps convey the seriousness of the situation and supports the request for enforcement.
Additionally, some individuals overlook the importance of proper service of the motion. The instructions specify that a copy of the motion must be personally served or sent via mail or email. If the motion is not served correctly, the court may not consider it valid. This could result in the other party not being aware of the motion or the scheduled hearing, which can affect the outcome. Ensuring that the service is done according to the rules is crucial for the motion to proceed smoothly.
Finally, individuals sometimes fail to sign the motion in front of a notary public or deputy clerk. This step is mandatory and verifies the authenticity of the document. Without a proper signature, the motion may be deemed invalid. Therefore, it is important to complete this step carefully and ensure that the signature is in place before filing the motion with the court.
When pursuing a Motion for Civil Contempt/Enforcement in Florida, several additional forms and documents may be necessary to ensure the process runs smoothly. Each of these documents serves a specific purpose and can help clarify the situation before the court.
Each of these forms plays a vital role in the legal process surrounding a Motion for Civil Contempt/Enforcement. Ensuring that they are completed accurately and submitted on time can significantly impact the outcome of the case. It is always advisable to seek guidance if you have questions about these documents or the process itself.
The Florida Motion for Civil Contempt/Enforcement is similar to the Motion for Modification of Child Support (Florida Supreme Court Approved Family Law Form 12.905), which is used when a party seeks to change an existing child support order. Both forms require the petitioner to provide specific details about the existing order and the reasons for the requested change. In both cases, the court must evaluate whether the circumstances have changed significantly enough to justify a modification. The process for filing and serving these motions follows similar guidelines, ensuring that both parties are informed and given the opportunity to respond.
Another document that shares similarities is the Motion for Temporary Relief (Florida Supreme Court Approved Family Law Form 12.947). This form is used to request immediate assistance from the court during a pending case, often related to child custody or support issues. Like the contempt motion, it requires the moving party to demonstrate a need for urgent relief and to outline how the other party has failed to comply with previous orders. Both motions aim to address compliance with court orders, although the temporary relief motion focuses on immediate needs rather than enforcement of existing judgments.
The Motion for Enforcement of Child Support (Florida Supreme Court Approved Family Law Form 12.951) is another related document. This form specifically targets non-compliance with child support obligations. Similar to the Motion for Civil Contempt/Enforcement, it requires proof that the other party has failed to meet their financial responsibilities as ordered by the court. Both forms emphasize the need for accountability and seek to compel compliance through court intervention, highlighting the importance of adhering to family law orders.
The Motion for Contempt (Florida Family Law Rules of Procedure Form 12.910) also bears resemblance to the Florida Motion for Civil Contempt/Enforcement. This document is used in various family law contexts to address non-compliance with court orders. Both forms require detailed explanations of how the other party has failed to comply and what specific actions are being requested from the court. The focus on accountability and the potential consequences for non-compliance are key aspects of both motions.
Additionally, the Notice of Hearing on Motion for Contempt/Enforcement (Florida Supreme Court Approved Family Law Form 12.961) is closely related, as it serves to inform the other party of the scheduled hearing regarding the contempt motion. This document ensures that all parties are aware of the proceedings and can prepare accordingly. Both the notice and the motion itself are integral parts of the legal process, working together to facilitate a fair hearing and resolution of the issues at hand.
Lastly, the Designation of Current Mailing and E-mail Address (Florida Supreme Court Approved Family Law Form 12.915) is relevant in the context of serving documents. While not a motion, this form is essential for ensuring that all parties receive necessary communications regarding their cases, including motions for contempt. Properly designating contact information helps maintain transparency and ensures that all procedural requirements are met, which is vital for the success of any motion filed in court.
When filling out the Florida Motion form, it’s important to follow certain guidelines to ensure your submission is correct and effective. Here’s a list of what to do and what to avoid:
Misconceptions can often lead to confusion, especially when dealing with legal forms like the Florida Motion for Civil Contempt/Enforcement. Here are nine common misunderstandings about this form:
Understanding these misconceptions can help clarify the process and ensure that you are adequately prepared to navigate the legal system.
Fill in Your Florida Motion Form