The Florida Procedure Form is a crucial document used in family law cases to notify the court of any related cases. According to Florida Rule of Judicial Administration 2.545(d), this form must be filed by the petitioner if there are any ongoing cases that involve the same parties, children, or issues. To ensure compliance and avoid potential conflicts, it is essential to complete this form accurately and submit it with your initial pleading.
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When navigating the complexities of family law in Florida, understanding the procedural requirements is crucial for ensuring a smooth legal process. One important document in this landscape is the Florida Procedure Form 12.900(h), also known as the Notice of Related Cases. This form serves a vital purpose: it helps the court identify any related cases that may impact the current family law matter. A related case could involve the same parties, children, or issues and may be pending when a new family law case is filed. It is essential to file this notice to avoid potential conflicts between orders in different cases and to clarify the court's jurisdiction. The form must be filled out carefully, either typed or printed in black ink, and submitted to the clerk of the circuit court along with the initial pleading. Once filed, it is also necessary to serve copies of the form to the presiding judges and all parties involved in the related cases. Keeping a copy for your own records is a wise step, ensuring you have all necessary documentation at hand. By following these steps, you can help facilitate a clearer and more efficient legal process.
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.
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
____Other {specify}__________________________
Related Case No. 3
____Other {specify} __________________________
2.[check one only]
____ I do not request coordination of litigation in any of the cases listed above.
____ 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:_____________________
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} ___________________.
Follow these steps to fill out the Florida Procedure form 12.900(h), Notice of Related Cases. Ensure that you have all relevant information ready before starting. This form must be filled out clearly and accurately, as it provides necessary information to the court regarding any related cases.
After completing the form, make sure to serve a copy to the presiding judges and all parties involved in the related cases. Keep a copy for your own records. Ensure that service complies with Florida Rule of Judicial Administration 2.516.
When should I use the Florida Procedure form 12.900(h)?
This form should be used when you are involved in a family law case in Florida and there are related cases that may impact the current proceedings. According to Florida Rule of Judicial Administration 2.545(d), you are required to file this notice if there are existing cases involving the same parties, children, or issues that are pending at the time your family law case is filed. Additionally, if any orders in these related cases might conflict with the orders in your current case, this form must be submitted. Your local circuit may also have specific requirements regarding its use, even if no related cases exist.
What steps should I take after completing the form?
Once you have filled out the form, it is essential to serve a copy to the presiding judges, which may include the chief judge or the family law administrative judge, as well as all parties involved in the related cases. This ensures that everyone is informed of the related cases and their potential impact. Make sure to keep a copy for your own records. Remember, the service must comply with Florida Rule of Judicial Administration 2.516, which outlines how legal documents should be served.
Where can I find more information about the Florida Procedure form?
For more detailed guidance, you should read the “General Information for Self-Represented Litigants” provided at the beginning of the family law forms. The instructions include important definitions and clarifications. Additionally, reviewing Florida Rule of Judicial Administration 2.545(d) will provide further context regarding the requirements for filing the notice of related cases. It’s important to familiarize yourself with these resources to ensure compliance with the rules.
What if I need help filling out the form?
If you are not an attorney and require assistance in completing the form, it’s crucial to work with a nonlawyer who can guide you. However, that individual must provide you with a Disclosure from Nonlawyer, as outlined in the instructions. They are also required to include their name, address, and phone number on the last page of any form they help you complete. This ensures transparency and adherence to legal guidelines while you navigate the process.
Filling out the Florida Procedure form can be straightforward, but many people make mistakes that can lead to complications in their family law cases. One common error is failing to identify all related cases accurately. It’s crucial to include any case that involves the same parties, children, or issues. Omitting a related case may create confusion and could affect the court’s jurisdiction. Always double-check to ensure that all relevant cases are listed, as this helps the court understand the full context of the situation.
Another frequent mistake is not following the specific filing requirements. The form must be typed or printed in black ink and submitted to the clerk of the circuit court alongside the initial pleading. Some individuals neglect to serve a copy of the form to the presiding judges and all parties involved in the related cases. This step is essential, as it ensures everyone is informed and can respond accordingly. Ignoring these instructions can lead to delays and complications in the legal process.
People also often misunderstand the relationship of the cases. The form requires checking all applicable boxes to describe how the cases are related. Failing to do this accurately can mislead the court regarding the nature of the relationship between the cases. It’s important to take time to reflect on how each case interacts with the others, as this can significantly impact the outcome of the proceedings.
Lastly, individuals sometimes overlook the need for a disclosure from a nonlawyer if they receive assistance in completing the form. If someone who is not an attorney helps fill out the form, they must provide a copy of this disclosure and include their contact information at the bottom of the last page. Not adhering to this requirement can raise questions about the validity of the assistance provided and could affect the overall process.
In the context of Florida family law, several forms and documents accompany the Florida Procedure form, specifically Form 12.900(h), Notice of Related Cases. Each of these documents serves a distinct purpose and is integral to ensuring that the legal process is navigated correctly. Below is a list of some commonly used forms that often accompany this procedure.
Understanding these forms and their respective functions is crucial for anyone navigating the complexities of family law in Florida. Properly completing and submitting these documents can significantly impact the outcomes of family law cases, ensuring that the rights and responsibilities of all parties are adequately addressed.
The Florida Procedure form, specifically Form 12.900(h), Notice of Related Cases, serves a crucial function in family law cases. It ensures that the court is aware of any related cases that might impact the current proceedings. Several other documents share similarities with this form, primarily in their purpose of notifying the court about related matters or providing essential information about ongoing legal issues. Below is a list of nine such documents:
Each of these forms serves a unique purpose within family law but shares the common requirement of notifying the court about related cases, ensuring that all pertinent information is considered in legal proceedings.
Things to Do:
Things Not to Do:
Misconceptions about the Florida Procedure form can lead to confusion. Here are six common misunderstandings:
Understanding these points can help ensure that you navigate the Florida Procedure form correctly and efficiently.
When navigating the Florida Procedure form, particularly Form 12.900(h), there are several important points to keep in mind. Understanding these key aspects can help ensure that you complete the form accurately and in compliance with the law.
By keeping these takeaways in mind, you can better navigate the complexities of the Florida Procedure form and ensure compliance with the necessary legal requirements.