Blank Florida Procedure PDF Form

Blank Florida Procedure PDF Form

The Florida Procedure Form is a crucial document used in family law cases to notify the court of any related cases. This form ensures that the court is aware of any existing legal matters that could impact the current proceedings, such as cases involving the same parties, children, or issues. If you need to fill out this form, click the button below to get started!

The Florida Procedure Form 12.900(h), known as the Notice of Related Cases, plays a crucial role in family law cases. It is essential for petitioners to understand when and how to use this form. According to Florida Rule of Judicial Administration 2.545(d), this notice must be filed with the court if there are any related cases, which could include civil, criminal, or domestic relations matters. A case is deemed related if it involves the same parties, children, or issues that are pending when the family law case is initiated. Additionally, the form helps prevent potential conflicts between orders from different cases that may affect the court's jurisdiction or lead to contradictory rulings. Proper completion and filing of this form is mandatory, and it should be submitted alongside the initial pleading in the family law case. After filing, a copy must be served to the presiding judges and all parties involved in the related cases. Keeping a copy for personal records is also recommended. For those seeking further guidance, the form includes references to additional resources and instructions, ensuring that both legal professionals and self-represented litigants can navigate the process effectively.

Document Sample

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE

FORM 12.900(h), NOTICE OF RELATED CASES (11/13)

When should this form be used?

Florida Rule of Judicial Administration 2.545(d) requires the petitioner in a family law case to file with the court a notice of related cases, if any. Your circuit may also require this form to be filed even if there are no related cases. A case is considered related if

it involves the same parties, children, or issues and is pending when the family law case is filed; or

it affects the court’s jurisdiction to proceed- or

an order in the related case may conflict with an order on the same issues in the new case; or

an order in the new case may conflict with an order in the earlier case.

This form is used to provide the required notice to the court.

This form should be typed or printed in black ink. It must be filed with the clerk of the circuit court with the initial pleading in the family law case.

What should I do next?

A copy of the form must be served on the presiding judges, either the chief judge or the family law administrative judge, and all parties in the related cases. You should also keep a copy for your records. Service must be in accordance with Florida Rule of Judicial Administration 2.516.

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. The words that are in ”bold underline” in these instructions are defined there. For further information, see Florida Rule of Judicial Administration 2.545(d).

Special notes . . .

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 a Disclosure from Nonlawyer, Florida

Instructions for Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (11/13)

Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms must also 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.

Instructions for Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (11/13)

IN THE CIRCUIT COURT OF THE

 

 

 

 

JUDICIAL CIRCUIT,

IN AND FOR

 

 

COUNTY, FLORIDA

 

 

Case No.:

 

 

 

Division:

_____________________________,

 

 

 

 

 

Petitioner,

 

 

 

 

 

and

 

 

 

 

 

_____________________________,

 

 

 

 

 

Respondent.

 

 

 

 

 

NOTICE OF RELATED CASES

1.Petitioner submits this Notice of Related Cases as required by Florida Rule of Judicial Administration 2.545(d). A related case may be an open or closed civil, criminal, guardianship, domestic violence, juvenile delinquency, juvenile dependency, or domestic relations case. ! case is “related” to this family law case if it involves any of the same parties, children, or issues and it is pending at the time the party files a family case- if it affects the court’s jurisdiction to proceed- if an order in the related case may conflict with an order on the same issues in the new case; or if an order in the new case may conflict with an order in the earlier litigation.

[check one only]

___ There are no related cases.

___ The following are the related cases (add additional pages if necessary):

Related Case No. 1

Case Name(s): _____________________________________________________________________

Petitioner ________________________________________________________________________

Respondent _______________________________________________________________________

Case No.: _________________________________ Division: ________________________________

Type of Proceeding: [check all that apply]

 

____ Dissolution of Marriage

____ Paternity

____ Custody

____ Adoption

____ Child Support

____ Modification/Enforcement/Contempt Proceedings

____ Juvenile Dependency

____ Juvenile Delinquency

____ Termination of Parental Rights

____ Criminal

____ Domestic/Sexual/Dating/Repeat

____ Mental Health

Violence or Stalking Injunctions

____ Other {specify}___________________________

Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (11/13)

State where case was decided or is pending: ____ Florida ____ Other: {specify} _________________

Name of Court where case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida): __________________________________________________________________

Title of last Court Order/Judgment (if any): ______________________________________________

Date of Court Order/Judgment (if any): _________________________________________________

Relationship of cases check all that apply]:

____ pending case involves same parties, children, or issues;

____ may affect court’s jurisdiction-

____ order in related case may conflict with an order in this case;

____ order in this case may conflict with previous order in related case.

Statement as to the relationship of the cases: ____________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Related Case No. 2

Case Name(s): _____________________________________________________________________

Petitioner ________________________________________________________________________

Respondent _______________________________________________________________________

Case No.: _________________________________ Division: ________________________________

Type of Proceeding: [check all that apply]

 

____ Dissolution of Marriage

____ Paternity

____ Custody

____ Adoption

____ Child Support

____ Modification/Enforcement/Contempt Proceedings

____ Juvenile Dependency

____ Juvenile Delinquency

____ Termination of Parental Rights

____ Criminal

____ Domestic/Sexual/Dating/Repeat

____ Mental Health

Violence or Stalking Injunctions

____Other {specify}__________________________

State where case was decided or is pending: ____ Florida ____ Other: {specify} _________________

Name of Court where case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida): __________________________________________________________________

Title of last Court Order/Judgment (if any): ______________________________________________

Date of Court Order/Judgment (if any): _________________________________________________

Relationship of cases check all that apply]:

____ pending case involves same parties, children, or issues;

Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (11/13)

____ may affect court’s jurisdiction-

____ order in related case may conflict with an order in this case;

____ order in this case may conflict with previous order in related case.

Statement as to the relationship of the cases: ____________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Related Case No. 3

Case Name(s): _____________________________________________________________________

Petitioner ________________________________________________________________________

Respondent _______________________________________________________________________

Case No.: _________________________________ Division: ________________________________

Type of Proceeding: [check all that apply]

 

____ Dissolution of Marriage

____ Paternity

____ Custody

____ Adoption

____ Child Support

____ Modification/Enforcement/Contempt Proceedings

____ Juvenile Dependency

____ Juvenile Delinquency

____ Termination of Parental Rights

____ Criminal

____ Domestic/Sexual/Dating/Repeat

____ Mental Health

Violence or Stalking Injunctions

____Other {specify} __________________________

State where case was decided or is pending: ____ Florida ____ Other: {specify} _________________

Name of Court where case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida): __________________________________________________________________

Title of last Court Order/Judgment (if any): ______________________________________________

Date of Court Order/Judgment (if any): _________________________________________________

Relationship of cases check all that apply]:

____ pending case involves same parties, children, or issues;

____ may affect court’s jurisdiction-

____ order in related case may conflict with an order in this case;

____ order in this case may conflict with previous order in related case.

Statement as to the relationship of the cases: ____________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

2.[check one only]

____ I do not request coordination of litigation in any of the cases listed above.

Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (11/13)

____ I do request coordination of the following cases: _____________________________________

______________________________________________________________________________

______________________________________________________________________________

3.[check all that apply]

____ Assignment to one judge

____ Coordination of existing cases

will conserve judicial resources and promote an efficient determination of these cases because:_______________________________________________________________________.

4.The Petitioner acknowledges a continuing duty to inform the court of any cases in this or any other state that could affect the current proceeding.

Dated: _________________

________________________________________

 

Petitioner’s Signature

 

Printed Name: ______________________________

 

Address: ________________________________

 

City, State, Zip: ___________________________

 

Telephone Number: _______________________

 

Fax Number: ____________________________

 

E-mail Address(es):________________________

CERTIFICATE OF SERVICE

I CERTIFY that I delivered a copy of this Notice of Related Cases to the _____________________ County

Sheriff’s Department or a certified process server for service on the Respondent, and [check all used]

( ) e-mailed ( ) mailed ( ) hand delivered, a copy to {name}________________________, who is the

[check all that apply] ( ) judge assigned to new case, ( ) chief judge or family law administrative judge, ( ) {name}__________________________________ a party to the related case, ( ) {name}

____________________________, a party to the related case on {date} _________________________.

____________________________________

Signature of Petitioner/Attorney for Petitioner Printed Name:________________________

Address:____________________________

City, State, Zip:________________________

Telephone Number:____________________

Fax Number:__________________________

E-mail Address(es):______________________

Florida Bar Number:_____________________

Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (11/13)

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} __________, {telephone number} ___________________.

Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (11/13)

File Specifics

Fact Name Description
Purpose This form is used to notify the court of any related cases in family law proceedings as required by Florida Rule of Judicial Administration 2.545(d).
Related Cases A case is considered related if it involves the same parties, children, or issues, and is pending when the family law case is filed.
Filing Requirements The form must be filed with the clerk of the circuit court along with the initial pleading in the family law case.
Service of Notice A copy of the form must be served on all presiding judges and parties involved in the related cases, in accordance with Florida Rule of Judicial Administration 2.516.
Nonlawyer Assistance If a nonlawyer assists in completing this form, they must provide a Disclosure from Nonlawyer and include their contact information on the last page of the form.

How to Use Florida Procedure

Filling out the Florida Procedure form is an essential step in notifying the court about any related cases in family law matters. This ensures that the court is aware of any existing cases that may impact the current proceedings. Follow these steps carefully to complete the form accurately.

  1. Begin by typing or printing in black ink.
  2. In the top section, fill in the name of the circuit court, the judicial circuit number, and the county.
  3. Enter the case number and division.
  4. Identify the petitioner and respondent by providing their names.
  5. Check the box indicating whether there are related cases or not.
  6. If there are related cases, provide the following details for each related case:
    • Related Case Number
    • Case Name(s)
    • Petitioner and Respondent names
    • Case Number and Division
    • Type of Proceeding (check all that apply)
    • State where the case was decided or is pending
    • Name of the court where the case was decided or is pending
    • Title of the last court order/judgment (if any)
    • Date of the last court order/judgment (if any)
    • Check all applicable relationships between the cases
    • Provide a statement regarding the relationship of the cases
  7. Repeat step 6 for additional related cases as necessary.
  8. At the end of the form, indicate whether you request coordination of litigation in any of the listed cases.
  9. Review the completed form for accuracy and completeness.
  10. File the form with the clerk of the circuit court along with your initial pleading.

Once the form is filled out and submitted, ensure to serve a copy on the presiding judges and all parties involved in the related cases. Keeping a copy for your own records is also advisable.

Your Questions, Answered

What is the purpose of the Florida Procedure Form 12.900(h)?

The Florida Procedure Form 12.900(h), also known as the Notice of Related Cases, serves a critical function in family law cases. It is designed to inform the court about any related cases that may involve the same parties, children, or issues. According to Florida Rule of Judicial Administration 2.545(d), if there are related cases pending at the time a family law case is filed, the petitioner must file this notice. This helps the court to avoid conflicting orders and ensures that all relevant matters are considered together.

When should I file this form?

This form should be filed with the initial pleading in a family law case. You must submit it to the clerk of the circuit court. If your circuit requires it, you may need to file this form even if there are no related cases. A case is considered related if:

  • It involves the same parties, children, or issues and is pending when the family law case is filed.
  • It affects the court’s jurisdiction to proceed.
  • An order in the related case may conflict with an order on the same issues in the new case.
  • An order in the new case may conflict with an order in the earlier case.

What steps should I take after filing the form?

Once you have filed the Notice of Related Cases, it is essential to serve a copy of the form to all relevant parties. This includes the presiding judges—either the chief judge or the family law administrative judge—and all parties involved in the related cases. The service must comply with Florida Rule of Judicial Administration 2.516. Additionally, you should keep a copy of the form for your own records to ensure you have documentation of your compliance with the filing requirements.

For more detailed information, it is advisable to read the "General Information for Self-Represented Litigants" that accompanies these forms. This resource provides definitions and further guidance on the terms used in the instructions. Additionally, you can refer to Florida Rule of Judicial Administration 2.545(d) for comprehensive details regarding the requirements for filing the Notice of Related Cases.

Common mistakes

  1. Neglecting to Identify Related Cases: Failing to list all related cases can lead to complications in court. It is crucial to include every case that involves the same parties, children, or issues.

  2. Incorrectly Filling Out Case Information: Providing inaccurate details about the related cases, such as case numbers or names, can cause confusion. Double-check all entries for accuracy.

  3. Not Following Formatting Guidelines: The form must be typed or printed in black ink. Using different colors or handwriting can result in the form being rejected.

  4. Omitting Required Signatures: Forgetting to sign the form or having an incomplete signature can invalidate the submission. Ensure all necessary signatures are included before filing.

  5. Failing to Serve Copies: It is essential to serve copies of the form to the presiding judges and all parties involved in the related cases. Neglecting this step can lead to procedural issues.

  6. Ignoring Jurisdictional Issues: Not addressing how the related cases may affect the court's jurisdiction can result in complications. Be clear about any potential jurisdictional conflicts.

  7. Not Keeping a Personal Copy: Failing to keep a copy of the submitted form for personal records can lead to difficulties later. Always retain a copy for your own documentation.

Documents used along the form

When navigating the complexities of family law in Florida, several forms and documents often accompany the Florida Procedure form. Each of these documents serves a specific purpose and helps ensure that all necessary information is presented to the court. Below is a brief overview of six commonly used forms that may be relevant in family law cases.

  • Family Law Rules of Procedure Form 12.900(a), Petition for Dissolution of Marriage: This form initiates the divorce process by outlining the grounds for dissolution and detailing the petitioner’s requests regarding property division, child custody, and support.
  • Family Law Rules of Procedure Form 12.901(b), Financial Affidavit: This document provides a comprehensive overview of an individual's financial situation. It includes income, expenses, assets, and liabilities, which are crucial for determining alimony and child support obligations.
  • Family Law Rules of Procedure Form 12.902, Child Support Guidelines Worksheet: This worksheet calculates the appropriate amount of child support based on the parents' income and the needs of the child. It helps ensure that the support amount is fair and in compliance with state guidelines.
  • Family Law Rules of Procedure Form 12.903, Parenting Plan: This form outlines the parenting arrangements for minor children, including custody, visitation schedules, and decision-making responsibilities. It is essential for establishing a clear framework for co-parenting.
  • Family Law Rules of Procedure Form 12.904, Motion for Temporary Relief: This motion requests immediate assistance from the court for issues such as temporary custody, support, or exclusive use of the marital home while the divorce proceedings are ongoing.
  • Family Law Rules of Procedure Form 12.905, Final Judgment of Dissolution of Marriage: This document finalizes the divorce process. It includes the court’s orders regarding asset division, child custody, and support, providing a legal resolution to the marriage.

Understanding these forms and their functions is vital for anyone involved in family law proceedings. Properly completing and filing these documents can significantly impact the outcome of a case, ensuring that all parties' rights and responsibilities are addressed fairly.

Similar forms

The Florida Family Law Rules of Procedure Form 12.900(h), commonly known as the Notice of Related Cases, shares similarities with the Petition for Dissolution of Marriage. Both documents are essential in family law proceedings and require careful attention to detail. The Petition for Dissolution initiates the divorce process, while the Notice of Related Cases informs the court of any existing cases that may impact the current proceedings. This ensures that the judge is aware of all relevant matters, helping to avoid conflicting orders and ensuring a smoother legal process.

Another document that aligns closely with the Notice of Related Cases is the Motion for Temporary Relief. This motion is often filed during family law cases to request immediate assistance from the court regarding issues like child support or custody arrangements. Similar to the Notice of Related Cases, this motion requires disclosure of any related legal matters that could influence the court's decision. Both documents aim to provide the court with a comprehensive understanding of the situation, allowing for informed rulings.

The Affidavit of Compliance also bears resemblance to the Notice of Related Cases. This affidavit is typically used to confirm that a party has complied with previous court orders. Like the Notice, it emphasizes the importance of transparency in legal proceedings. By disclosing related cases, the Affidavit of Compliance helps ensure that all parties are aware of any ongoing legal obligations that may affect the current case.

Similarly, the Financial Affidavit plays a crucial role in family law cases. This document provides a detailed account of an individual's financial situation, which is often critical in divorce proceedings. The Financial Affidavit requires the disclosure of all income, expenses, and assets, much like the Notice of Related Cases requires the disclosure of any related legal matters. Both documents aim to give the court a complete picture, ensuring fair and just outcomes.

The Parenting Plan is another document that shares a connection with the Notice of Related Cases. This plan outlines how parents will share responsibilities for their children after a separation or divorce. When filing a Parenting Plan, it is vital to disclose any related cases that could affect the arrangement. This ensures that the court considers all relevant factors, ultimately promoting the best interests of the child.

The Certificate of Service is also similar in its function to the Notice of Related Cases. This document confirms that all parties involved have received the necessary paperwork. Just as the Notice requires service to relevant parties, the Certificate of Service ensures that everyone is informed of the ongoing proceedings. This promotes transparency and helps maintain the integrity of the legal process.

The Notice of Hearing is yet another document that parallels the Notice of Related Cases. This notice informs all parties of upcoming court dates and proceedings. Like the Notice of Related Cases, it emphasizes the importance of keeping all involved parties informed. This ensures that everyone has the opportunity to participate in the legal process, which is essential for fair outcomes.

Lastly, the Response to Petition is a document that holds similarities to the Notice of Related Cases. When a party responds to a petition, they must address any related cases that could impact their response. This ensures that the court is aware of all relevant legal matters, just as the Notice of Related Cases does. Both documents serve to clarify the situation for the court, promoting informed decision-making.

Dos and Don'ts

When filling out the Florida Procedure form, there are important guidelines to follow. Here is a list of things you should and shouldn't do:

  • Do read the instructions carefully before starting.
  • Do use black ink or type the form to ensure clarity.
  • Do provide accurate information about all related cases.
  • Do keep a copy of the completed form for your records.
  • Do serve a copy of the form to the presiding judges and all parties involved.
  • Don't leave any sections of the form blank; provide all necessary details.
  • Don't submit the form without checking for errors or omissions.
  • Don't forget to check the appropriate boxes regarding related cases.
  • Don't rely solely on assistance from nonlawyers without ensuring they provide proper disclosures.

Misconceptions

Understanding the Florida Procedure form can be challenging, especially with the various rules and requirements involved. Here are ten common misconceptions that people often have about the Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases.

  • Only lawyers can file this form. Many believe that only attorneys are allowed to submit this form, but self-represented litigants can also file it.
  • This form is optional. Some think that filing the Notice of Related Cases is optional, but it is actually required by Florida Rule of Judicial Administration 2.545(d) if there are related cases.
  • Related cases must be open. There is a misconception that only open cases can be considered related. However, related cases can also include closed cases.
  • Filing this form is a one-time task. Many people believe that they only need to file this form once. In reality, it should be filed with each new family law case that has related cases.
  • All parties need to be notified by mail. Some think that serving the notice to related parties must be done exclusively by mail. In fact, service must comply with Florida Rule of Judicial Administration 2.516, which allows for various methods of service.
  • The form can be handwritten. There is a belief that the form can be filled out by hand. It must be typed or printed in black ink for clarity and professionalism.
  • It’s enough to just mention related cases. Simply stating that there are related cases is not sufficient. You must provide detailed information about each case, including the case numbers and the nature of the relationship.
  • Nonlawyers can assist without restrictions. Some people think that anyone can help them fill out the form. However, nonlawyers must provide a Disclosure from Nonlawyer and include their contact information on the form.
  • Only ongoing cases need to be reported. Many mistakenly believe that only currently active cases need to be disclosed. However, any case that could impact the new case, even if it is closed, must be included.
  • The form is the same for all types of cases. Lastly, some assume that the form is uniform across all family law cases. In reality, the form may vary depending on the specific circumstances and types of related cases.

Being aware of these misconceptions can help ensure that you properly navigate the requirements of the Florida Family Law Rules of Procedure and avoid potential pitfalls in your family law case.

Key takeaways

Filling out the Florida Procedure form is an essential step in family law cases. Here are key takeaways to keep in mind:

  • Use the form when required: This form is necessary if you have any related cases, as defined by Florida Rule of Judicial Administration 2.545(d).
  • Identify related cases: A case is considered related if it involves the same parties, children, or issues and is pending when the family law case is filed.
  • File with initial pleading: Ensure that the form is filed with the clerk of the circuit court alongside your initial pleading in the family law case.
  • Serve all parties: After filing, a copy of the form must be served on the presiding judges and all parties involved in the related cases.
  • Keep a copy: Retain a copy of the filed form for your records. This is crucial for your reference and future proceedings.
  • Consult additional resources: For more information, refer to “General Information for Self-Represented Litigants” and Florida Rule of Judicial Administration 2.545(d).