The Motion Florida form serves as a tool for individuals seeking judicial action within the Thirteenth Judicial Circuit in Tampa, Florida. This form allows you to formally request specific orders from the court, whether during an ongoing lawsuit or after a final judgment has been made. If you believe this form fits your needs, consider filling it out by clicking the button below.
The Motion Florida form serves as a crucial tool for individuals navigating the family law system in Tampa, Florida. It provides a standardized way to request judicial action, whether during an ongoing lawsuit or following a final judgment. Before using this blank motion, it is important to ensure that no more appropriate form exists, as the Florida Supreme Court has approved specific motions for various situations, such as civil contempt or emergency child pick-up orders. Understanding the difference between a petition and a motion is essential; a petition initiates a lawsuit, while a motion requests specific orders during an existing case. When filling out the blank motion, individuals must clearly articulate their legal issue and the desired outcome, as the court can only grant relief that has been explicitly requested. Additionally, proper service of the motion to the other party is necessary, with specific rules governing how and when this must be done. Filing can occur in person or by mail, and scheduling a hearing is a critical step that requires coordination with the other party. Finally, it is vital to adhere to deadlines for notifying the other party to ensure the motion is not denied due to insufficient notice. By following these guidelines, individuals can effectively navigate the complexities of family law motions in Florida.
INSTRUCTIONS FOR THE COMPLETION OF A BLANK
FAMILY LAW MOTION
REMEMBER: If you have questions or concerns about your motion that you cannot resolve yourself, even after reading this instruction sheet, it is strongly recommended that you consult with a lawyer before taking any further action.
The blank motion that is attached to this instruction sheet may be used to make a request for judicial action in the Thirteenth Judicial Circuit, Tampa, Florida, during the pendency of a lawsuit, or after the entry of a final judgment. This motion should only be used when you are certain that a more suitable form has not yet been approved by the Florida Supreme Court. The following courtapproved form motion, when applicable, should be utilized instead of the blank motion (these approved forms can be found in the Florida Family Law Rules of Procedure):
•Motion for Civil Contempt/Enforcement Form 12.960
•Emergency Verified Motion for Child PickUp Order Form 12.941(d)
•Motion for Temporary Injunction to Prevent the Removal of Child(ren) and Denial of Passport Services. Form 12.941(a)
•Motion for Appointment of Guardian Ad Litem Form 12.942(a)
Before using the blank motion, you need to determine whether you should file a petition or a motion. A petition is the pleading that begins a lawsuit, or reopens a closed lawsuit. You must use a petition to begin a lawsuit against someone, or to modify a previous court order. A motion is used to make a request for a specific order during the course of a pending lawsuit after a petition has already been filed, or to ask the court to enforce a previous court order or find someone in contempt of court. A petition typically requires a filing fee, while a motion does not.
If you decide to use the attached blank motion, you must set forth your current legal problem or concern, and your suggested remedy or solution, in the blank numbered paragraphs. The court generally cannot order something for your benefit, unless you specifically request what you want the court to order. Make sure to sign your motion in front of a notary public, who then must notarize your motion. (It is good practice to notarize every motion to avoid any future problems).
SERVICE OF MOTION ON THE OTHER PARTY:
(If your case involves more than just yourself and one other party, you must follow these rules for every party in your case).
1
Except in very limited instances discussed below, you will need to simultaneously provide a copy of your motion to the other party when you file your motion with the court. Therefore, you need to either mail, telefax, or hand deliver a copy of the motion to the other party. Once you decide which method of service to use, you then must fill out the “Certificate of Service” section by indicating the method of service you plan to use to provide a copy of your motion to the other party.
In most cases, it is essential that you provide the other party with a copy of your motion. When a party files a motion with the court without notifying the other party about the motion, the motion is considered an ex parte motion. Your judge can only rule on an ex parte motion without a hearing when there is a wellfounded reason to not have a hearing (for instance, when one party believes the other party will destroy or hide property if given notice of an impending court hearing).
FILING:
If you choose to file your motion in person, you may file it at the following location: 800 East Twiggs Street, room 101. If you choose to file by mail, you should send your documents to: Clerk of the Court, P.O. Box 3450, Tampa, Florida 33601. The phone number for the Clerk of Court is 2768100 x 4358.
NOTICE OF HEARING:
When a party files a motion with the court, the party must also schedule that motion for a hearing on that motion with the judge or general master. After you obtain a hearing date, you must attempt to contact the other party for the purpose of mutually agreeing on the most convenient time for the hearing. If your attempts at coordinating a suitable time and date for the hearing are unsuccessful, or if the other party is uncooperative, you have satisfied your obligation, and you may schedule the hearing for the time and date you deem appropriate. However, unless your motion is an emergency motion, you must provide the other party with a copy of your motion at least five (5) business days before the date of the hearing, unless the other party agrees to an earlier hearing date. Failure to provide the other party at least five (5) business days to prepare may result in the court denying or striking your motion.
Once you obtain the time and date of your hearing, you must complete a “Notice of Hearing” form (12.923). After you complete the “Notice of Hearing,” you must file it with the court, and also serve a copy on the other party.
2
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
IN RE:
(1)
List the petitioner’s name in
the original case
____________________________________,
(3)
Petitioner,
Case No. _________
(4)
AND
(2)
Division ________
List the Respondent s Name
_____________________________________.
Respondent.
________________________________________/
(5) State what you want to file a motion for
MOTION TO/FOR:
(6) Your Name
COMES NOW,
, and moves that the court grant the
(7) State same as number (5)
relief sought herein in the Motion to/for
, and as
grounds therefore would show:
(8) On the lines below list exactly what you want to ask from the court
1.___________________________________________________________________________________
____________________________________________________________________________________
2.___________________________________________________________________________________
3.___________________________________________________________________________________
WHEREFORE, the undersigned prays that this court will grant the relief sought herein.
I HEREBY C ERTIFY that a cop y of the fo regoing has been furnished by [ �check one only] ( ) mail ( ) faxed and mailed ( )hand delivered to the person(s) listed below on
(9)Date you file your motion
{DATE} ________________________________
Other party or his/her attorney:
(10)List the name and address of the other party in your case Name:_________________________________________________________
Address________________________________________________________
City, State, Zip
(11)Your signature in front of a notary
__________________________________________
Signature of party
Address
Telephone
STATE OF FLORIDA
COUNTY OF
)
Sworn to (or affirmed) and subscribed befo re me on (dat e)
20____ by
(name)
.
____________________________________
NOTARY PUBLIC-STATE OF FLORIDA
____ Personally known
____ Produced Identification
Type of Identification ________________________________
Division _________
COMES NOW, _______________________________, and moves that the court grant the
relief sought herein in the Motion to/for ________________________________, and as grounds
therefore would show:
I HEREBY CERTIFY that a copy of the foregoing has been furnished by [ �check one only]
() mail ( ) faxed and mailed ( )hand delivered to the person(s) listed below on {DATE} ________________________________
Name:_________________________________________________________
City, State, Zip__________________________________________________
COUNTY OF ______________________________)
Sworn to (or affirmed) and subscribed befo re me on (dat e)__ ____________ 20 ____ by
{NAME}________________________________________.
____ Produced identification
Type of identification produced
__________________________________
Filling out the Motion Florida form requires careful attention to detail. Each section must be completed accurately to ensure that your request is clearly communicated to the court. After submitting the motion, you will need to schedule a hearing and provide notice to the other party involved in the case.
The Motion Florida form is designed to request judicial action in family law cases within the Thirteenth Judicial Circuit in Tampa, Florida. You can use it during an ongoing lawsuit or after a final judgment has been entered. It's important to ensure that no other more suitable form has been approved by the Florida Supreme Court before using this blank motion.
A motion is appropriate when you want to request a specific order during a pending lawsuit. If you need to start a lawsuit or modify an existing court order, you should file a petition instead. Remember, a petition typically requires a filing fee, while a motion does not.
To complete the form, you need to clearly outline your legal issue and the solution you are seeking in the numbered paragraphs. Be specific about what you want the court to order. After filling it out, make sure to sign the motion in front of a notary public, who will then notarize it. This step is crucial to avoid future complications.
When you file a motion, you must provide a copy to the other party simultaneously. This can be done via mail, fax, or hand delivery. You’ll also need to fill out the “Certificate of Service” section, indicating how you served the other party. Failing to notify the other party may lead to your motion being considered an ex parte motion, which has different rules.
You can file your motion in person at the Clerk of Court’s office located at 800 East Twiggs Street, room 101. If you prefer to file by mail, send your documents to the Clerk of the Court at P.O. Box 3450, Tampa, Florida 33601. If you have questions, you can reach the Clerk's office at 276-8100 x 4358.
After filing your motion, you must schedule a hearing with the judge or general master. Contact the other party to agree on a convenient time. If they are uncooperative, you can set the hearing at your discretion. However, you must provide them with a copy of the motion at least five business days before the hearing unless they agree to an earlier date.
If you fail to give the other party at least five business days to prepare for the hearing, your motion may be denied or struck by the court. This notice period is crucial for ensuring both parties have a fair opportunity to present their case.
The “Notice of Hearing” form (12.923) is required once you have a hearing date. You must complete it and file it with the court while also serving a copy to the other party. This keeps everyone informed and ensures that the hearing proceeds smoothly.
Yes, if applicable, you should use court-approved forms instead of the blank motion. Some examples include the Motion for Civil Contempt/Enforcement (Form 12.960) and the Emergency Verified Motion for Child Pick-Up Order (Form 12.941(d)). These forms are designed for specific situations and can streamline your process.
When filling out the Motion Florida form, many individuals make common mistakes that can lead to complications in their cases. One frequent error is not using the correct form. Many people are unsure whether to file a motion or a petition. A motion is meant for requests during an ongoing case, while a petition starts a lawsuit or modifies an existing order. Choosing the wrong form can delay the process.
Another mistake is failing to provide specific details in the numbered paragraphs. The court needs clear information about the legal issue and the requested remedy. If these details are vague or incomplete, the court may not understand the request, which can lead to a denial of the motion.
Many individuals also forget to sign the motion in front of a notary public. Notarization is an important step that validates the document. If a motion is not notarized, it may be rejected by the court. This step should not be overlooked.
People often neglect the requirement to serve the other party with a copy of the motion. This is essential unless there are limited exceptions. Failing to notify the other party can result in the motion being treated as an ex parte motion, which has strict rules and may not be favorable.
Another common issue is not scheduling a hearing after filing the motion. Once a motion is filed, it is necessary to set a hearing date and attempt to coordinate with the other party. If this step is skipped, the motion may remain unresolved.
Additionally, individuals may not provide the other party with adequate notice before the hearing. The rule typically requires at least five business days of notice. If this requirement is not met, the court may deny the motion, causing further delays.
Lastly, some people fail to complete the “Notice of Hearing” form properly. After obtaining a hearing date, this form must be filled out and filed with the court. Not completing this step can lead to confusion and potential dismissal of the motion.
When preparing to file a Motion in Florida, several other documents may also be necessary to support your case. Each document serves a specific purpose and helps facilitate the legal process. Below are some commonly used forms that often accompany a Motion in family law cases.
Understanding these additional forms can significantly impact the outcome of your case. Each document plays a vital role in ensuring that your requests are clearly communicated to the court and that the rights of all parties involved are protected. Always consider consulting with a legal professional to navigate these processes effectively.
The Motion for Civil Contempt/Enforcement (Form 12.960) is a document used when one party believes that the other party has failed to comply with a court order. Similar to the Motion Florida form, it seeks judicial action and requires specific information about the violation. This motion must clearly outline the details of the alleged contempt and the relief sought. Like the Motion Florida form, it also necessitates service on the other party and may require a hearing to determine the appropriate course of action.
The Emergency Verified Motion for Child Pick-Up Order (Form 12.941(d)) is another document that serves a specific purpose in family law. This motion is used when there is an urgent need to retrieve a child from a situation that poses a risk to their safety. It shares similarities with the Motion Florida form in that it requests immediate judicial intervention and must be filed with supporting details. Both forms require careful attention to the situation at hand and the relief being sought, as well as proper service to the other party.
The Motion for Temporary Injunction to Prevent the Removal of Child(ren) and Denial of Passport Services (Form 12.941(a)) addresses situations where a parent wishes to prevent the other parent from taking a child out of the jurisdiction. This motion is similar to the Motion Florida form in that it requests a specific order from the court. Both documents require a clear statement of the facts and the desired outcome. Additionally, they must be served on the other party, ensuring that everyone involved is aware of the legal actions being taken.
The Motion for Appointment of Guardian Ad Litem (Form 12.942(a)) is used to request that the court appoint someone to represent the best interests of a child in legal proceedings. This document is akin to the Motion Florida form as it seeks a court order and must include relevant details about the case. Both forms require proper service to the other party, and both necessitate a clear articulation of the reasons for the request, ensuring the court understands the need for such an appointment.
In addition to these specific motions, the general concept of a motion in family law involves making requests for judicial action during ongoing cases. This is similar to the Motion Florida form, which is utilized when a more appropriate form is not available. Both types of documents require careful drafting to ensure that the court understands the issues at hand and the relief sought. They must also be served to the other party to ensure fairness in the legal process.
Lastly, a Notice of Hearing is a document that accompanies a motion to inform the other party of the scheduled court date. While it serves a different function than the Motion Florida form, it is essential in the process of moving a motion forward. Both documents work together to ensure that all parties are informed and that the court can proceed with the hearing. This relationship highlights the importance of proper procedure in family law matters, ensuring that all necessary steps are followed for a fair resolution.
Things You Should Do:
Things You Shouldn't Do:
Misconceptions about the Motion Florida form can lead to confusion and missteps in legal proceedings. Below are eight common misconceptions, along with clarifications to help individuals better understand the form and its use.
Understanding these misconceptions can help individuals navigate the Motion Florida form more effectively and ensure compliance with legal procedures.
Filling out and using the Motion Florida form requires careful attention to detail. Here are key takeaways to consider:
Fill in Your Motion Florida Form