Blank Motion Form Florida PDF Details

In navigating the complexities of family law in Tampa, Florida, individuals often find themselves in need of judicial intervention to resolve disputes or enforce existing court orders. The Motion Florida form serves as a critical tool for those seeking such intervention in the Thirteenth Judicial Circuit. Unlike standard pleadings that initiate a lawsuit, this form is used for requests during an ongoing case or to enforce prior judgments. It's a nuanced process, requiring the petitioner to carefully consider whether a motion or a different legal document, such as a petition, is the appropriate course of action. Notably, motions do not carry a filing fee, distinguishing them from petitions which do. This form outlines a step-by-step process, from determining the necessity of a motion, filling it with precise legal issues and proposed remedies, to ensuring proper service to the other party involved in the case. Specific court-approved forms, such as those for civil contempt or emergency child pick-up orders, are recommended over the blank motion form when applicable. The procedural mandates encompass not only the completion and filing of the motion but also the arrangements for a hearing and the critical notice requirements to the opposing party. The detailed instructions emphasize the essential steps of filing this form in person or by mail, and the imperative of notifying and serving the other party while adhering to predefined time frames, thereby underlining the procedural rigors that must be followed to seek the court's intervention in family law matters effectively.

QuestionAnswer
Form NameBlank Motion Form Florida
Form Length6 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 30 sec
Other namesblank motion form florida, motion form florida, motion for default florida, get the blank motion form florida

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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).

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.

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 ________________________________

2

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

__________________________________

2

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