The Motion Florida form is a legal document used to request judicial action within the Thirteenth Judicial Circuit in Tampa, Florida. This form is applicable during an ongoing lawsuit or after a final judgment has been entered. It is essential to ensure that no other suitable court-approved form is available before utilizing this blank motion.
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The Motion Florida form serves as a crucial tool for individuals navigating the complexities of family law within the Thirteenth Judicial Circuit in Tampa, Florida. This form allows parties to request judicial action during ongoing lawsuits or even after final judgments have been entered. It is important to note that this blank motion should only be used when no other suitable court-approved forms are available for your specific situation. Various approved motions, such as those for civil contempt or emergency child pick-up orders, should be prioritized when applicable. Before proceeding with the blank motion, individuals must discern whether to file a motion or a petition, as each serves distinct legal purposes. While a petition initiates or reopens a lawsuit, a motion requests a specific order during an ongoing case. Filing a motion typically does not incur a fee, which can be advantageous for those seeking relief. When using the blank motion, it is essential to clearly articulate your legal issue and the remedy you seek, as the court can only grant relief based on the requests you explicitly outline. Additionally, proper service of the motion to the other party is a critical step, ensuring that all involved parties are informed and can prepare accordingly. Following these guidelines will help facilitate a smoother legal process and increase the likelihood of achieving the desired outcome.
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 is an important step in seeking judicial action regarding your legal matter. It's essential to approach this task with care, ensuring that all required information is accurately provided. Once you have completed the form, you will need to file it with the court and notify the other party involved in your case.
The Motion Florida form is a legal document used to request judicial action in family law cases within the Thirteenth Judicial Circuit in Tampa, Florida. This form can be utilized during an ongoing lawsuit or after a final judgment has been entered. It's important to use this blank motion only when no other suitable court-approved form applies to your situation.
A motion is appropriate when you need to make a specific request during a lawsuit that has already been initiated. For example, if you want to ask the court to enforce a previous order or address an issue that has arisen after your initial petition, a motion is the right choice. In contrast, a petition is used to start a lawsuit or reopen a closed case. Remember, filing a petition typically involves a fee, while filing a motion does not.
When filling out the Motion Florida form, clearly outline your current legal issue and the specific relief you are seeking from the court. Use the blank numbered paragraphs to detail your situation. The court can only grant what you explicitly request, so be thorough and precise in your explanations.
Yes, notifying the other party is crucial. In most cases, you must provide them with a copy of your motion at the same time you file it with the court. You can do this by mailing, faxing, or hand-delivering the document. This step ensures that the other party is aware of your request and can prepare accordingly. If you fail to notify them, your motion may be considered ex parte, which limits the court's ability to rule on it without a hearing.
You can file the Motion Florida form either in person or by mail. If filing in person, visit the Clerk of Court at 800 East Twiggs Street, room 101. For mail submissions, send your documents to the Clerk of the Court at P.O. Box 3450, Tampa, Florida 33601. Make sure to keep a copy of everything you submit for your records.
After filing your motion, you must schedule a hearing with the judge or general master. It's essential to contact the other party to agree on a convenient time for this hearing. If coordination fails, you can set the date on your own. However, ensure you provide the other party with at least five business days' notice before the hearing, unless it's an emergency motion. Failing to do so may result in your motion being denied or struck.
Neglecting to Use the Correct Form: Many individuals mistakenly use the blank Motion Florida form without verifying if a more appropriate court-approved form exists. This can lead to unnecessary delays or rejections. Always check for specific forms related to your situation before proceeding.
Failure to Clearly State the Request: When filling out the form, some people do not articulate their legal problem or the remedy they seek clearly. The court requires precise information about what you want. If the request is vague, the judge may not understand your intentions, which can hinder the outcome.
Ignoring the Certificate of Service: A common oversight is not providing a copy of the motion to the other party. This step is crucial. If you file a motion without notifying the other party, it may be considered an ex parte motion, limiting the court's ability to rule in your favor.
Skipping the Notarization: Some individuals forget to sign their motion in front of a notary public. Notarization is not just a formality; it adds legitimacy to your document. Without it, you may face complications that could delay your case.
When filing a Motion in Florida, several other documents may be required to support your case. Each of these forms serves a specific purpose and is crucial for ensuring that your motion is properly processed by the court. Below is a list of commonly used forms that may accompany your Motion.
Understanding these documents and their purposes can significantly impact the outcome of your motion. Properly completing and filing them alongside your Motion can help ensure that the court has all the necessary information to make informed decisions.
The Motion for Civil Contempt/Enforcement, Form 12.960, serves a similar purpose to the Motion Florida form. This document is specifically designed to address situations where one party believes that another has failed to comply with a court order. By filing this motion, the requesting party seeks to enforce the existing order and hold the non-compliant party accountable. Like the Motion Florida form, it requires the party to clearly outline their concerns and the specific relief they are seeking from the court. The process also involves notifying the other party, ensuring that they have an opportunity to respond before the court makes a decision.
The Emergency Verified Motion for Child Pick-Up Order, Form 12.941(d), is another document that aligns closely with the Motion Florida form. This motion is typically used in urgent situations where a child is at risk of harm or has been wrongfully taken by one parent. The filing party must demonstrate the immediate need for the court's intervention. Similar to the Motion Florida form, it requires a clear statement of the circumstances and the specific actions being requested from the court. The urgency of this motion emphasizes the importance of swift action, making it crucial for the other party to be informed as soon as possible.
The Motion for Temporary Injunction to Prevent the Removal of Child(ren) and Denial of Passport Services, Form 12.941(a), also shares similarities with the Motion Florida form. This motion is utilized when a party seeks to prevent the other from taking specific actions that could affect the custody or welfare of a child, such as traveling out of the country. The filing party must provide compelling reasons for the request, highlighting the potential risks involved. As with the Motion Florida form, a thorough explanation of the desired outcome is essential, and notifying the other party remains a critical step in the process.
Lastly, the Motion for Appointment of Guardian Ad Litem, Form 12.942(a), is comparable to the Motion Florida form in that it seeks judicial action regarding the best interests of a child. This motion is filed when there is a concern that a child may not be adequately represented in legal proceedings. The party requesting this motion must articulate why a guardian ad litem is necessary and how it will benefit the child involved. Similar to the other motions, it requires a clear statement of purpose and must include notification to the other party, ensuring that they are aware of the request being made to the court.
When filling out the Motion Florida form, consider the following do's and don'ts:
This is not true. The Motion Florida form is specifically for making requests for judicial action in the Thirteenth Judicial Circuit, Tampa, Florida. It should only be used when no other suitable court-approved form is applicable.
In most cases, you must provide a copy of your motion to the other party simultaneously when you file it with the court. Failing to do so may result in your motion being considered an ex parte motion, which can limit the court's ability to rule on it.
This is incorrect. A petition initiates a lawsuit or modifies a previous court order, while a motion requests a specific order during an ongoing lawsuit. Understanding this difference is crucial for the proper handling of your case.
Actually, it is highly recommended to notarize your motion. Notarization helps avoid potential issues later on, as it provides an official confirmation of your signature and the authenticity of the document.
This is misleading. You must attempt to coordinate a hearing date with the other party. If they are uncooperative, you can proceed to schedule the hearing, but you still need to provide them with the motion at least five business days in advance unless it’s an emergency.
Filling out and using the Motion Florida form can be straightforward if you follow these key takeaways: