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. It serves as a way for individuals to articulate their legal concerns and seek specific remedies from the court during ongoing litigation or after a final judgment has been issued. If you need to fill out this form, click the button below to get started.
The Motion Florida form serves as a crucial tool for individuals seeking judicial action within the Thirteenth Judicial Circuit in Tampa, Florida. This form is designed to address various legal concerns that may arise during a lawsuit or following a final judgment. It is essential to understand that this blank motion should only be utilized when no other suitable court-approved forms are available. The form requires the user to clearly outline their current legal issue and the specific relief they are requesting from the court. To ensure proper processing, it must be signed in front of a notary public, and a copy must be provided to the opposing party simultaneously upon filing. The form also necessitates scheduling a hearing, with strict guidelines on notifying the other party in advance. Understanding the distinctions between a motion and a petition is vital, as each serves different legal purposes and has varying requirements. Filing fees apply to petitions but not to motions. Therefore, careful consideration and adherence to the instructions are critical to avoid delays or complications in the legal process.
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
__________________________________
After completing the Motion Florida form, the next steps involve filing the motion with the court and notifying the other party. This ensures that the court is aware of your request and that the other party has the opportunity to respond. Follow these steps carefully to ensure compliance with the necessary procedures.
What is the purpose of the Motion Florida form?
The Motion Florida form is designed for individuals seeking judicial action in family law cases within the Thirteenth Judicial Circuit in Tampa, Florida. It allows parties to request specific orders from the court during an ongoing lawsuit or even after a final judgment has been entered. This form is particularly useful when no other court-approved forms are applicable, enabling individuals to articulate their legal concerns and proposed solutions directly to the court.
How do I determine whether to file a petition or a motion?
Understanding the difference between a petition and a motion is crucial. A petition is the document that initiates a lawsuit or reopens a closed case. If you need to start a new legal action or modify an existing court order, you would file a petition. On the other hand, a motion is used to request a specific order while a lawsuit is pending. It can also be employed to enforce a prior court order or address contempt issues. Generally, petitions require a filing fee, while motions do not, making motions a more accessible option for many individuals.
What steps must I take to serve my motion on the other party?
When filing a motion, it is essential to serve a copy to the other party involved in the case. This can be done by mailing, faxing, or hand-delivering the motion. After selecting a method of service, you must complete the “Certificate of Service” section in your motion, indicating how you provided the other party with a copy. It is important to note that filing a motion without notifying the other party may result in it being classified as an ex parte motion, which can limit the court's ability to rule on it without a hearing.
What should I do after filing my motion?
After filing your motion, you must schedule a hearing with the judge or general master. This involves contacting the other party to agree on a convenient time for the hearing. If you cannot reach an agreement, you may set the hearing at your discretion. Remember, unless it is an emergency motion, you need to provide the other party with a copy of your motion at least five business days before the hearing date. Failing to do so could lead to the court denying your motion. Additionally, you will need to complete and file a “Notice of Hearing” form to officially notify the court and the other party of the scheduled hearing.
Filling out the Motion Florida form can be a straightforward process, but many individuals make common mistakes that can delay their case or even lead to rejection of their motion. One frequent error is failing to determine whether a motion or a petition is appropriate for their situation. A petition initiates a lawsuit or modifies an existing court order, while a motion requests a specific order during an ongoing case. Misunderstanding this distinction can lead to unnecessary complications.
Another mistake involves not clearly stating the legal problem and the requested remedy. The court needs specific details to understand the request. When individuals leave this section vague or incomplete, it becomes difficult for the judge to grant the relief sought. Therefore, taking the time to articulate the situation and desired outcome is crucial.
Many people also overlook the importance of notarizing their motion. Notarization serves as verification of the identity of the signer and the authenticity of the document. Failing to have the motion notarized can result in it being deemed invalid. It is advisable to ensure that this step is completed before filing the motion with the court.
Another common oversight is not providing a copy of the motion to the other party involved in the case. The rules generally require that the other party receives a copy simultaneously when the motion is filed. Not doing so may classify the motion as ex parte, which limits the judge’s ability to rule on it without a hearing. This can lead to delays or even dismissal of the motion.
Additionally, individuals often forget to include the “Certificate of Service” section. This section confirms how the other party was notified about the motion. Properly completing this section is essential for maintaining transparency and adhering to court procedures.
Lastly, failing to schedule a hearing after filing the motion can hinder progress. Once the motion is filed, it is necessary to arrange a hearing date and notify the other party. If this step is neglected, the motion may sit unresolved, causing frustration and prolonging the legal process. It is vital to follow through with all necessary steps to ensure the motion is heard in a timely manner.
When navigating family law matters in Florida, you may find it helpful to use several forms and documents alongside the Motion Florida form. Each of these documents serves a specific purpose and can help streamline the process. Here’s a brief overview of some commonly used forms:
Understanding these documents can enhance your ability to effectively navigate the legal system. Each form plays a crucial role in ensuring that your requests are clearly communicated and properly handled by the court. Always remember to consider consulting with a legal professional if you have any uncertainties about the process.
The Motion Florida form serves as a crucial tool in family law proceedings. It shares similarities with several other court-approved documents. Below is a list of these documents and how they relate to the Motion Florida form:
When filling out the Motion Florida form, there are important dos and don’ts to keep in mind. Following these guidelines can help ensure that your motion is processed smoothly.
Misconceptions about the Motion Florida form can lead to confusion and potential legal issues. Here are six common misconceptions:
When filling out and using the Motion Florida form, consider the following key takeaways: