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The Motion Florida form serves as a vital tool for individuals navigating the complexities of family law in the Thirteenth Judicial Circuit, Tampa, Florida. This blank motion allows parties to formally request judicial action during an ongoing lawsuit or following a final judgment. Before using this form, it's crucial to ensure that no more suitable court-approved forms apply to your situation. For instance, specific motions, such as those for civil contempt or emergency child pick-up orders, have their own designated forms. Understanding the distinction between a motion and a petition is essential; a petition initiates a lawsuit, while a motion requests a specific order within an existing case. When completing the form, clearly articulate your legal issue and the desired outcome in the provided sections. It's important to sign the motion in front of a notary public to validate it. Additionally, serving a copy of your motion to the other party is typically required, ensuring they are informed of your request. Filing can be done in person or by mail, and scheduling a hearing is necessary to present your motion to a judge. Proper notice to the other party is critical, as failing to provide sufficient time may result in the denial of your motion. By adhering to these guidelines, you can effectively utilize the Motion Florida form to address your legal needs.

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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).

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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.

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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.

1

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

__________________________________________

City, State, Zip

__________________________________________

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 ________________________________

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA

IN RE:

 

____________________________________,

 

Petitioner,

Case No. _________

AND

Division _________

_____________________________________.

 

Respondent.

 

________________________________________/

 

MOTION TO/FOR:

COMES NOW, _______________________________, and moves that the court grant the

relief sought herein in the Motion to/for ________________________________, and as grounds

therefore would show:

1.___________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

2.___________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

3.___________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

WHEREFORE, the undersigned prays that this court will grant the relief sought herein.

1

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} ________________________________

Other party or his/her attorney:

Name:_________________________________________________________

Address________________________________________________________

City, State, Zip__________________________________________________

__________________________________________

Signature of party

__________________________________________

Address

__________________________________________

City, State, Zip

__________________________________________

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 produced

__________________________________

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➤ PDF File

Form Specifications

Fact Name Description
Governing Law The Motion Florida form is governed by the Florida Family Law Rules of Procedure.
Usage Context This form is intended for use in the Thirteenth Judicial Circuit, Tampa, Florida, during an ongoing lawsuit or after a final judgment.
Alternatives Users should consider using specific court-approved forms instead of the blank motion, such as the Motion for Civil Contempt/Enforcement.
Filing Fees A motion typically does not require a filing fee, while a petition does.
Service Requirement When filing a motion, it is necessary to provide a copy to the other party simultaneously, unless specific exceptions apply.
Hearing Notification Parties must schedule a hearing for the motion and notify the other party at least five business days in advance, unless it is an emergency motion.

Motion Florida: Usage Guidelines

Filling out the Motion Florida form requires careful attention to detail. After completing the form, you will need to file it with the court and serve a copy to the other party involved in your case. Follow the steps below to ensure that your motion is properly filled out and submitted.

  1. Begin by identifying the court. Write the name of the court at the top of the form: IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA.
  2. Fill in the names of the parties involved. In the IN RE: section, list the petitioner’s name and the respondent’s name.
  3. Enter the case number in the designated space.
  4. Specify the division of the court where your case is filed.
  5. Clearly state what you are filing a motion for in the MOTION TO/FOR: section.
  6. In the COMES NOW section, write your name and indicate that you are moving the court for the relief sought.
  7. List the specific relief you are requesting from the court in numbered paragraphs. Be as detailed as possible.
  8. Conclude your request with a WHEREFORE statement, asking the court to grant the relief you have specified.
  9. Complete the Certificate of Service section by checking the method of service (mail, fax, or hand delivery) and filling in the date you file your motion.
  10. Provide the name and address of the other party or their attorney in the designated area.
  11. Sign the form in front of a notary public. The notary will then complete their section, verifying your signature.

After completing these steps, you are ready to file your motion with the court and serve a copy to the other party. Make sure to keep a copy for your records. This process is crucial in ensuring that your request is heard by the court.

Your Questions, Answered

What is the purpose of the Motion Florida form?

The Motion Florida form is designed to request judicial action in family law cases within the Thirteenth Judicial Circuit in Tampa, Florida. It can be used during an ongoing lawsuit or after a final judgment has been entered. This form is particularly useful when there isn't a more specific court-approved form available for your situation. It's essential to clearly state your legal problem and the remedy you seek in the numbered paragraphs of the form.

How do I know if I should file a motion or a petition?

A petition is necessary when you want to start a lawsuit or modify an existing court order. In contrast, a motion is used to request a specific order during an ongoing case or to enforce a previous order. Generally, petitions require a filing fee, while motions do not. Understanding this distinction will help you choose the correct form to proceed with your legal matter.

What steps do I need to take after filing my motion?

After filing your motion, you must schedule a hearing with the judge or general master. It’s important to communicate with the other party to find a mutually agreeable time for the hearing. If coordination fails, you can set the date yourself. Remember, if your motion is not an emergency, you must provide the other party with a copy of your motion at least five business days before the hearing. This notice allows them adequate time to prepare. Failing to provide this notice could lead to your motion being denied.

Do I need to serve the motion to the other party?

Yes, you must serve a copy of your motion to the other party when you file it with the court. This can be done through mail, fax, or hand delivery. After you choose a method of service, you need to complete the “Certificate of Service” section on your motion. If you do not notify the other party, your motion may be treated as an ex parte motion, which limits the court's ability to rule without a hearing unless there are compelling reasons to do so.

Common mistakes

  1. Neglecting to Use the Correct Form: Many individuals mistakenly use the blank motion form when a specific court-approved form is required. Always check if a suitable form exists for your situation.

  2. Failing to Provide Sufficient Detail: Some people do not clearly articulate their legal issue or the specific relief they seek. The court needs precise information to consider your request.

  3. Not Notarizing the Motion: A common oversight is forgetting to sign the motion in front of a notary public. Notarization is crucial to validate the document.

  4. Ignoring Service Requirements: It’s essential to serve a copy of the motion to the other party. Failing to do so can result in your motion being treated as ex parte, limiting the court's ability to rule on it.

  5. Missing the Notice of Hearing: After filing the motion, individuals often forget to schedule a hearing. Remember to set a date and notify the other party at least five business days in advance.

Documents used along the form

When preparing to file a Motion in Florida, there are several other documents that may be necessary to support your case. Each of these forms serves a specific purpose and can help streamline the legal process. Here’s a brief overview of some commonly used documents.

  • Certificate of Service: This document confirms that you have provided a copy of your motion to the other party. It details the method of delivery, ensuring that all parties are informed about the motion filed.
  • Notice of Hearing: After filing a motion, you must schedule a hearing. This form notifies all parties involved of the date and time of the hearing, allowing them to prepare accordingly.
  • Motion for Civil Contempt/Enforcement (Form 12.960): Use this form when you believe the other party has not complied with a court order. It requests the court to enforce the original order or hold the other party in contempt.
  • Emergency Verified Motion for Child Pick-Up Order (Form 12.941(d)): This urgent motion is used when there is a need to retrieve a child from a potentially harmful situation. It seeks immediate court intervention.
  • Motion for Temporary Injunction to Prevent the Removal of Child(ren) and Denial of Passport Services (Form 12.941(a)): This motion aims to prevent a parent from taking a child out of the state or country, especially in cases where there is a risk of abduction.
  • Motion for Appointment of Guardian Ad Litem (Form 12.942(a)): This document requests the court to appoint a guardian ad litem to represent the best interests of a child in legal proceedings.
  • Petition: If you are initiating a lawsuit or modifying a previous court order, you will need to file a petition. Unlike a motion, a petition starts the legal process and typically requires a filing fee.

Understanding these documents can help you navigate the legal system more effectively. Always ensure that you have the appropriate forms completed and filed in a timely manner to support your case.

Similar forms

The Motion Florida form is similar to several other legal documents used in family law. Each of these documents serves a specific purpose, and understanding their similarities can be helpful. Below is a list of seven documents that share characteristics with the Motion Florida form:

  • Motion for Civil Contempt/Enforcement - Form 12.960: This document is used to request the court to enforce a previous order or hold a party in contempt for not complying with a court order. Like the Motion Florida form, it requires clear articulation of the relief sought.
  • Emergency Verified Motion for Child Pick-Up Order - Form 12.941(d): This motion seeks immediate court action to retrieve a child. Similar to the Motion Florida form, it must demonstrate urgency and specify the desired outcome.
  • Motion for Temporary Injunction to Prevent the Removal of Child(ren) and Denial of Passport Services - Form 12.941(a): This document is filed to prevent a party from taking a child out of the jurisdiction. It shares the need for a clear statement of the requested relief, akin to the Motion Florida form.
  • Motion for Appointment of Guardian Ad Litem - Form 12.942(a): This motion requests the court to appoint a guardian to represent the best interests of a child in legal proceedings. It also requires a clear explanation of the reasons for the request, similar to the Motion Florida form.
  • Petition for Dissolution of Marriage - Form 12.901(b): This document initiates a divorce proceeding. While it serves a different purpose, both forms require detailed information about the parties and the relief sought.
  • Motion to Modify Parenting Plan - Form 12.905(b): This motion is used to request changes to an existing parenting plan. Both forms require the filer to outline the specific changes desired and the reasons for those changes.
  • Motion for Temporary Relief - Form 12.947: This document seeks temporary orders regarding child support, custody, or other matters while a case is pending. Like the Motion Florida form, it requires a clear statement of the relief being sought and the basis for the request.

Dos and Don'ts

When filling out the Motion Florida form, it's important to keep a few things in mind. Here’s a list of what you should and shouldn't do:

  • Do: Read the instructions carefully before starting.
  • Do: Use the blank motion only if no other suitable form is available.
  • Do: Clearly state your legal issue and what you want the court to do.
  • Do: Sign your motion in front of a notary public.
  • Do: Provide a copy of your motion to the other party when filing.
  • Do: Schedule a hearing for your motion after filing.
  • Do: Allow at least five business days for the other party to prepare for the hearing.
  • Don't: Forget to check if a petition is more appropriate for your situation.
  • Don't: Assume the court will know what you want without clearly stating it.
  • Don't: File the motion without notifying the other party, unless it's an emergency.
  • Don't: Delay in scheduling your hearing after filing the motion.
  • Don't: Ignore the requirement to serve the other party with your motion.
  • Don't: Leave out the “Certificate of Service” section.
  • Don't: Forget to file the “Notice of Hearing” form after scheduling.

Misconceptions

  • Misconception 1: The Motion Florida form can be used for any legal request.

    • This form is specifically intended for requests related to family law in the Thirteenth Judicial Circuit of Florida. It should only be used when no other approved form is applicable.

  • Misconception 2: A motion is the same as a petition.

    • A petition initiates a lawsuit or reopens a closed case. In contrast, a motion requests a specific order during an ongoing lawsuit or seeks to enforce a previous court order.

  • Misconception 3: You do not need to notify the other party when filing a motion.

    • It is essential to provide a copy of the motion to the other party simultaneously when filing. Failure to do so may result in the motion being considered ex parte, which has specific limitations.

  • Misconception 4: Notarization is optional for the Motion Florida form.

    • Notarization is a required step. The motion must be signed in front of a notary public to avoid future complications.

  • Misconception 5: You can file the motion without scheduling a hearing.

    • A hearing must be scheduled after filing the motion. The party must also provide notice to the other party at least five business days before the hearing date.

  • Misconception 6: There is no need to explain the requested relief in detail.

    • The motion must clearly state the specific relief sought. The court cannot grant relief unless it is explicitly requested in the motion.

  • Misconception 7: Filing by mail is not an option.

    • Filing by mail is a valid option. However, it is crucial to ensure that the documents are sent to the correct address and that all necessary steps are followed.

Key takeaways

When filling out and using the Motion Florida form, it is essential to keep several key points in mind. Understanding these takeaways can help streamline the process and ensure compliance with court requirements.

  • Consultation is Recommended: If there are any uncertainties about the motion, seeking advice from a lawyer is highly advisable.
  • Appropriate Use: The blank motion should only be used when no other suitable form has been approved by the Florida Supreme Court.
  • Identify the Right Document: Determine whether to file a petition or a motion. A petition initiates a lawsuit, while a motion requests a specific order within an ongoing case.
  • Filing Fees: Typically, a petition requires a filing fee, whereas a motion does not.
  • Clear Requests: Clearly articulate your legal problem and the desired remedy in the numbered paragraphs of the motion.
  • Notarization: Always sign the motion in front of a notary public to avoid potential issues later on.
  • Service of Motion: Provide a copy of the motion to the other party simultaneously when filing it with the court.
  • Ex Parte Motions: Understand that if the other party is not notified, the motion is considered ex parte and may only be ruled on under specific circumstances.
  • Notice of Hearing: Schedule a hearing for the motion after filing, and coordinate with the other party for a suitable date.
  • Advance Notice: Ensure the other party receives a copy of the motion at least five business days before the hearing, unless they agree to an earlier date.