Get Florida Procedure Form

Get Florida Procedure Form

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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Structure

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.

Florida Procedure Preview

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)

Document Data

Fact Name Details
Governing Law This form is governed by Florida Rule of Judicial Administration 2.545(d).
Purpose The form is used to notify the court of any related cases in family law matters.
Filing Requirement It must be filed with the initial pleading in a family law case.
Service of Form A copy must be served on presiding judges and all parties in related cases.
Nonlawyer Assistance If a nonlawyer helps fill out the form, they must provide a Disclosure from Nonlawyer.

How to Use Florida Procedure

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.

  1. Begin by entering the name of the circuit court at the top of the form.
  2. Fill in the case number and division, if applicable.
  3. Identify the petitioner and respondent by writing their names in the designated spaces.
  4. Indicate whether there are related cases by checking the appropriate box: "There are no related cases" or "The following are the related cases."
  5. For each related case, provide the following information:
    • Related Case Number
    • Case Name(s) of the parties involved
    • Case Number and Division
    • Type of Proceeding by checking all applicable boxes
    • 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 or judgment, if any
    • Date of the last court order or judgment, if any
    • Check all applicable relationships of the cases
    • Write a statement explaining the relationship of the cases
  6. If there are additional related cases, repeat step 5 for each one.
  7. At the end of the form, check the box indicating whether you request coordination of litigation in the listed cases.
  8. Sign and date the form at the bottom.

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.

Key Facts about Florida Procedure

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.

Common mistakes

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.

Documents used along the form

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.

  • Form 12.900(a) - Petition for Dissolution of Marriage: This form initiates the process for ending a marriage. It outlines the grounds for divorce and requests the court to grant a dissolution.
  • Form 12.901(b) - Family Law Financial Affidavit: This document provides a detailed account of an individual's financial situation, including income, expenses, assets, and liabilities. It is crucial for determining issues like alimony and child support.
  • Form 12.901(c) - Child Support Guidelines Worksheet: This worksheet helps calculate the appropriate amount of child support based on the parents’ incomes and the needs of the child. It is often required to accompany child support petitions.
  • Form 12.902(e) - Parenting Plan: This form outlines how parents will share responsibilities and time with their children post-separation. It addresses custody arrangements, visitation schedules, and decision-making responsibilities.
  • Form 12.902(f) - Parenting Plan (Simplified): A simplified version of the Parenting Plan, this form is designed for cases where parents can agree on custody and visitation without extensive legal intervention.
  • Form 12.903 - Notice of Hearing: This document is used to notify all parties involved of a scheduled court hearing. It is essential for ensuring that everyone has the opportunity to attend and present their case.
  • Form 12.905 - Motion for Temporary Relief: This motion requests immediate assistance from the court on issues such as child support, custody, or alimony while the case is pending.
  • Form 12.910 - Certificate of Service: This form certifies that all necessary documents have been served to the other parties involved in the case, ensuring compliance with legal requirements.
  • Form 12.914 - Financial Disclosure: This document requires parties to disclose their financial information to the court and the other party, fostering transparency in financial matters during legal proceedings.
  • Form 12.900(c) - Notice of Intent to Relocate: This form must be filed when a parent intends to move a significant distance away from their current residence, affecting custody or visitation arrangements.

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.

Similar forms

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:

  • Form 12.900(a), Petition for Dissolution of Marriage: This form initiates divorce proceedings and requires information about related cases to ensure all relevant matters are considered by the court.
  • Form 12.900(b), Petition for Paternity: Used to establish paternity, this form also necessitates the disclosure of related cases that may affect custody or support issues.
  • Form 12.900(c), Petition for Child Support: This document requests child support and similarly requires the petitioner to disclose any related cases that could influence the support order.
  • Form 12.900(d), Petition for Modification of Child Support: When seeking to modify existing child support, this form mandates the inclusion of related cases that may impact the modification request.
  • Form 12.900(e), Petition for Adoption: This form initiates adoption proceedings and must also address any related cases that could affect the adoption process.
  • Form 12.900(f), Petition for Custody: In custody cases, this form requires information on related cases that might influence custody decisions.
  • Form 12.900(g), Petition for Termination of Parental Rights: This document seeks to terminate parental rights and similarly requires the disclosure of any related cases that could impact the outcome.
  • Form 12.900(i), Petition for Domestic Violence Injunction: When filing for a domestic violence injunction, this form also necessitates the identification of related cases that may affect the court's jurisdiction.
  • Form 12.900(j), Petition for Juvenile Dependency: This form addresses issues of juvenile dependency and requires the disclosure of related cases that could influence the court's decisions regarding the child.

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.

Dos and Don'ts

Things to Do:

  • Read the instructions carefully before starting the form.
  • Type or print the form using black ink for clarity.
  • File the form with the clerk of the circuit court along with your initial pleading.
  • Serve a copy of the form to the presiding judges and all parties in related cases.
  • Keep a copy of the completed form for your records.
  • Check all applicable types of proceedings that relate to your case.
  • Clearly state the relationship of the cases in the provided section.
  • Ensure that any nonlawyer assisting you provides a Disclosure from Nonlawyer.

Things Not to Do:

  • Do not leave any required sections blank; incomplete forms may delay your case.
  • Avoid using colors other than black ink for filling out the form.
  • Do not forget to check the box indicating whether there are related cases.
  • Do not submit the form without ensuring all information is accurate and up-to-date.
  • Do not ignore the requirement to serve copies to all relevant parties.
  • Do not rely solely on verbal instructions; always refer to the written guidelines.
  • Do not submit the form without the necessary signatures, if applicable.
  • Do not assume that the court will notify you of any issues with your submission.

Misconceptions

Misconceptions about the Florida Procedure form can lead to confusion. Here are six common misunderstandings:

  • It's only for ongoing cases. Many believe this form is only necessary if there are active cases. However, it also applies to closed cases if they are related.
  • Only attorneys can file this form. Some think that only legal professionals can handle this paperwork. In reality, anyone can file it, but nonlawyers must provide specific disclosures.
  • Filing is optional. Some individuals assume that submitting this form is optional. In fact, it’s a requirement under Florida Rule of Judicial Administration 2.545(d).
  • It’s not necessary if there are no related cases. A common belief is that if there are no related cases, the form isn’t needed. However, the court may still require it to ensure proper jurisdiction.
  • Service is not important. Some people think they can file the form without notifying others involved. Proper service to all parties and presiding judges is crucial.
  • All information must be filled out perfectly. While accuracy is important, minor errors can often be corrected later. The key is to provide as much information as possible.

Understanding these points can help ensure that you navigate the Florida Procedure form correctly and efficiently.

Key takeaways

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.

  • Purpose of the Form: This form is essential for notifying the court about any related cases that may impact your family law case. Related cases could involve the same parties, children, or issues.
  • Filing Requirements: You must file this form with the clerk of the circuit court alongside your initial pleading. Ensure that it is typed or printed clearly in black ink.
  • Service of the Form: After filing, you are responsible for serving a copy of the form to the presiding judges and all parties involved in the related cases. Retain a copy for your own records.
  • Nonlawyer Assistance: If a nonlawyer assists you with filling out the form, they must provide a Disclosure from Nonlawyer. Their contact information must also be included on the form.
  • Understanding Related Cases: Take time to define the relationship between cases accurately. This includes noting if an order in one case may conflict with an order in another, as this is crucial for the court's jurisdiction.

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.