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The Florida Procedure form, specifically Form 12.900(h), serves an essential role in family law cases by ensuring that all related legal matters are properly disclosed to the court. This form is required under Florida Rule of Judicial Administration 2.545(d), which mandates that petitioners file a notice of any related cases when initiating a family law action. A case is deemed related if it involves the same parties, children, or issues, is pending at the time the family law case is filed, or if any orders from related cases could potentially conflict with orders in the new case. This form not only helps to clarify jurisdictional concerns but also prevents conflicting rulings that could arise from simultaneous cases. When completing the form, it is important to provide accurate details about any related cases, including their status and the nature of the proceedings. Additionally, the form must be filed with the circuit court clerk alongside the initial pleading and served to the presiding judges and all parties involved in the related cases. Keeping a personal copy of this document is also advisable for your records. Understanding the nuances of this form and its requirements is crucial for anyone navigating the complexities of family law in Florida.

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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)

Form Specifications

Fact Name Description
Purpose of the Form This form is used to notify the court of any related cases in family law matters, as required by Florida Rule of Judicial Administration 2.545(d).
Filing Requirements The form must be filed with the clerk of the circuit court alongside the initial pleading in the family law case.
Service of the Form A copy of the form must be served to presiding judges and all parties involved in the related cases, following Florida Rule of Judicial Administration 2.516.
Definition of Related Cases A case is considered related if it involves the same parties, children, or issues and is pending at the time the family law case is filed.

Florida Procedure: Usage Guidelines

Completing the Florida Procedure Form 12.900(h) requires careful attention to detail. This form is essential for notifying the court of any related cases in family law matters. Once the form is filled out, it must be filed with the circuit court and served on the appropriate judges and parties involved in the related cases.

  1. Begin by typing or neatly printing the form in black ink.
  2. At the top of the form, fill in the name of the circuit court, the judicial circuit number, and the county.
  3. Enter the case number and division, if applicable.
  4. Identify the petitioner and respondent by filling in their names in the designated spaces.
  5. In the section labeled "NOTICE OF RELATED CASES," check the box that applies: either indicate that there are no related cases or provide details for each related case.
  6. If there are related cases, fill out the following information for each case:
    • Related case number and names of the parties involved.
    • Case number and division.
    • Type of proceeding by checking 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 and date of the last court order or judgment, if any.
    • Check all applicable relationships between the cases.
    • Provide a statement describing the relationship of the cases.
  7. Repeat the previous step for any additional related cases.
  8. In the final section, indicate whether you request coordination of litigation for the listed cases.
  9. Sign and date the form at the bottom.

After completing the form, make sure to keep a copy for your records. The next step involves serving the completed form to the presiding judges and all parties in the related cases, adhering to the service rules outlined in Florida law.

Your Questions, Answered

1. When should I use the Florida Procedure form?

This form should be used when you are involved in a family law case in Florida and there are related cases. According to Florida Rule of Judicial Administration 2.545(d), you must file this notice if your case involves the same parties, children, or issues as another pending case. Additionally, if an order in one case might conflict with an order in another, this form is necessary.

2. What qualifies as a "related case"?

A case is considered related if it meets any of the following criteria: it involves the same parties, children, or issues and is pending at the time you file your family law case; it affects the court’s jurisdiction; or an order in one case may conflict with an order in the other. This includes civil, criminal, guardianship, and domestic relations cases.

3. What should I do after completing the form?

Once you have filled out the form, you need to serve a copy to the presiding judges and all parties involved in the related cases. You must also file the form with the clerk of the circuit court along with your initial pleading. Remember to keep a copy for your records.

4. How do I serve the form?

Service must be done according to Florida Rule of Judicial Administration 2.516. This typically involves delivering the form to the relevant parties either through mail or in person. Ensure that you follow the specific requirements for serving documents in your jurisdiction.

5. Can a nonlawyer assist me with this form?

Yes, a nonlawyer can help you fill out the form, but they must provide you with a Disclosure from Nonlawyer. Additionally, they must include their name, address, and phone number at the bottom of the last page of the form they assist you with.

6. Where can I find more information about this process?

For more details, you should read “General Information for Self-Represented Litigants” found at the beginning of the forms. This document provides definitions and further instructions. You can also refer to Florida Rule of Judicial Administration 2.545(d) for additional guidance.

7. What if I have no related cases?

If you do not have any related cases, you still need to complete the form. Simply check the box indicating that there are no related cases. It’s essential to provide this information to the court to ensure clarity and proper handling of your family law case.

Common mistakes

  1. Neglecting to identify related cases: Many individuals fail to check for any existing related cases that might affect their family law case. It is crucial to disclose all related cases, as they can impact the outcome.

  2. Using incorrect ink: The form must be filled out in black ink or typed. Using colored ink can lead to rejection of the form by the court.

  3. Not serving the form properly: After filling out the form, it is essential to serve copies to the presiding judges and all parties involved. Failure to do this can result in delays or complications in the case.

  4. Ignoring the instructions: Some people skip reading the instructions thoroughly. Each section of the form has specific requirements that must be followed to avoid mistakes.

  5. Failing to keep a copy: It is important to retain a copy of the filed form for personal records. Not doing so can lead to confusion or disputes later on.

  6. Missing deadlines: Submitting the form late can hinder the progress of the case. Timeliness is crucial in family law matters.

  7. Not including all necessary information: Omitting details such as case numbers, names, or court titles can render the form incomplete. Every piece of information is vital for clarity.

  8. Overlooking the need for nonlawyer disclosure: If a nonlawyer assists in completing the form, they must provide a disclosure. This requirement is often overlooked, leading to further complications.

  9. Failing to check the relationship of cases: Individuals sometimes neglect to indicate how the cases are related. This information is essential for the court's understanding of the situation.

Documents used along the form

The Florida Procedure form is an essential document used in family law cases. However, several other forms and documents often accompany it. Each of these documents serves a specific purpose in ensuring that the legal process runs smoothly. Below is a list of commonly used forms and documents in conjunction with the Florida Procedure form.

  • Form 12.900(a), Family Law Rules of Procedure: Petition for Dissolution of Marriage - This form initiates a divorce case and outlines the petitioner's requests regarding the marriage dissolution.
  • Form 12.900(b), Family Law Rules of Procedure: Answer to Petition for Dissolution of Marriage - This document allows the respondent to formally reply to the petition and present their side of the case.
  • Form 12.900(c), Family Law Rules of Procedure: Financial Affidavit - This form details the financial circumstances of both parties, including income, expenses, and assets, which is crucial for equitable distribution of property.
  • Form 12.900(d), Family Law Rules of Procedure: Parenting Plan - This document outlines the agreed-upon arrangements for child custody and visitation, ensuring that the best interests of the child are prioritized.
  • Form 12.900(e), Family Law Rules of Procedure: Child Support Guidelines Worksheet - This worksheet calculates the amount of child support to be paid based on the financial information provided by both parents.
  • Form 12.900(f), Family Law Rules of Procedure: Motion for Temporary Relief - This form requests temporary orders for issues such as child support or alimony while the case is ongoing.
  • Form 12.900(g), Family Law Rules of Procedure: Final Judgment of Dissolution of Marriage - This document formally ends the marriage and outlines the terms agreed upon by both parties or decided by the court.
  • Form 12.900(i), Family Law Rules of Procedure: Notice of Hearing - This form notifies all parties involved about the scheduled hearing dates and times.
  • Form 12.900(j), Family Law Rules of Procedure: Motion to Compel - This document is used to request the court to order a party to comply with a previous order or to provide necessary information.
  • Form 12.900(k), Family Law Rules of Procedure: Notice of Appeal - This form is filed to inform the court and other parties of the intention to appeal a court decision.

These forms and documents work together to facilitate the legal process in family law cases. It is important to complete and file them accurately to ensure that your case proceeds without unnecessary delays. If you have any questions about these forms, it may be helpful to consult with a legal professional.

Similar forms

The Florida Procedure form, specifically the Notice of Related Cases, shares similarities with several other legal documents. Here are five such documents and how they relate to the Florida Procedure form:

  • Notice of Appearance: Like the Notice of Related Cases, this document informs the court and other parties of an individual's involvement in a case. It ensures that all parties are aware of who is representing whom, similar to how the Notice of Related Cases identifies related cases that may impact the current proceedings.
  • Case Information Sheet: This form collects essential details about a case, including parties involved and case type. Similarly, the Notice of Related Cases provides critical information about any related cases, helping the court understand the context of the current case.
  • Motion for Continuance: A motion for continuance requests a delay in court proceedings. Just as the Notice of Related Cases addresses potential conflicts between cases, a motion for continuance may cite related cases that necessitate a delay to avoid conflicting rulings.
  • Affidavit of Service: This document verifies that legal documents have been properly served to the involved parties. The Notice of Related Cases also requires service to be completed, ensuring that all relevant parties are informed about related cases.
  • Disclosure of Related Cases: This document explicitly outlines any other cases that may affect the current litigation. It serves a similar purpose to the Notice of Related Cases, which aims to inform the court of any existing cases that could impact the jurisdiction or outcome of the current case.

Dos and Don'ts

When filling out the Florida Procedure form, it is important to follow certain guidelines to ensure accuracy and compliance. Here are five things you should and shouldn't do:

  • Do type or print the form in black ink for clarity.
  • Don't leave any required fields blank; ensure all sections are filled out completely.
  • Do serve a copy of the form to all parties involved in the related cases.
  • Don't forget to keep a copy of the form for your own records.
  • Do check the specific requirements of your circuit, as they may have additional filing rules.

By following these guidelines, you can help ensure that your form is completed correctly and submitted on time.

Misconceptions

  • Misconception 1: The form is only needed if there are multiple family law cases.
  • This form must be filed even if there are no related cases. It serves to inform the court of any potential connections between cases.

  • Misconception 2: Only attorneys can file this form.
  • Anyone involved in a family law case can file this form, including self-represented litigants. It is designed for use by all parties.

  • Misconception 3: The form can be filled out in any color ink.
  • The instructions specify that the form must be typed or printed in black ink. Using any other color may lead to issues with acceptance by the court.

  • Misconception 4: You do not need to serve the form to anyone.
  • A copy of the form must be served on the presiding judges and all parties involved in the related cases. This is crucial for proper legal procedure.

  • Misconception 5: The form is optional in family law cases.
  • Filing this form is a requirement under Florida Rule of Judicial Administration 2.545(d). Failing to file it can have legal consequences.

  • Misconception 6: The form is only for open cases.
  • The form can also apply to closed cases. It is important to disclose any related cases, regardless of their status.

  • Misconception 7: Nonlawyers can assist without restrictions.
  • If a nonlawyer helps fill out the form, they must provide a Disclosure from Nonlawyer and include their contact information on the form.

  • Misconception 8: You can ignore the instructions if you know the process.
  • It is essential to follow the specific instructions provided for this form. Ignoring them can lead to mistakes that may delay your case.

Key takeaways

Here are some key takeaways about filling out and using the Florida Procedure form:

  • File the form with the court: You must submit the Notice of Related Cases form to the clerk of the circuit court along with your initial family law pleading.
  • Serve all parties: After filing, make sure to provide a copy of the form to the presiding judges and all parties involved in the related cases.
  • Keep a copy for yourself: It is important to retain a copy of the completed form for your own records.
  • Understand related cases: A case is considered related if it involves the same parties, children, or issues and is pending when your family law case is filed.

Make sure to follow these steps carefully to ensure proper compliance with the rules.