Family Rules of Procedure - FL Courts

1 1 florida Family LAW Rules OF Procedure TABLE OF CONTENTS Family LAW FORMS, COMMENTARY, AND INSTRUCTIONS .. 5 CITATIONS TO OPINIONS ADOPTING OR AMENDING Rules .. 11 RULE PREFACE .. 14 RULE COORDINATION OF RELATED Family CASES AND HEARINGS .. 14 RULE JUDICIAL ACCESS AND REVIEW OF RELATED Family FILES .. 15 RULE TRANSITION RULE .. 16 RULE FILING COPIES OF ORDERS IN RELATED Family CASES .. 16 RULE ACCESS AND REVIEW OF RELATED Family FILES BY PARTIES .. 16 RULE SCOPE, PURPOSE, AND TITLE .. 17 RULE MINIMIZATION OF SENSITIVE INFORMATION .. 18 RULE Family LAW FORMS .. 18 RULE DEFINITIONS .. 21 RULE APPLICABILITY OF Rules OF JUDICIAL ADMINISTRATION .. 22 RULE VERIFICATION OF PLEADINGS .. 22 RULE ATTORNEYS .. 22 RULE WHEN ACTION COMMENCED.

2 24 RULE TRANSFERS OF ACTIONS .. 24 RULE PROCESS .. 24 RULE CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIAPL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY.. 28 RULE SERVICE OF PLEADINGS AND FILING OF DOCUMENTS . 29 RULE TIME .. 30 RULE PLEADINGS AND MOTIONS .. 31 RULE SIMPLIFIED DISSOLUTION Procedure .. 34 RULE GENERAL Rules OF PLEADING .. 35 RULE PLEADING SPECIAL MATTERS .. 37 2 RULE DOCUMENTS SUPPORTING ACTION OR DEFENSE .. 38 RULE RESPONSES .. 39 RULE SHAM PLEADINGS .. 41 RULE MOTIONS .. 42 RULE COUNTERPETITTIONS AND CROSSCLAIMS .. 42 RULE THIRD-PARTY PRACTICE .. 44 RULE AMENDED PLEADINGS .. 44 RULE CASE MANAGEMENT AND PRETRIAL CONFERENCES .. 45 RULE PARTIES .. 49 RULE INTERVENTIONS .. 50 RULE INTERPLEADER.

3 50 RULE MISJOINDER AND NONJOINDER OF PARTIES .. 50 RULE SURVIVOR; SUBSTITUTION OF PARTIES .. 51 RULE CONSOLIDATION; SEPARATE TRIALS .. 52 RULE CONFIDENTIALITY OF RELATED Family HEARINGS .. 52 RULE GENERAL PROVISIONS GOVERNING DISCOVERY .. 52 RULE INADVERTENT DISCLOSURE OF PRIVILEGED MATERIALS .. 58 RULE MANDATORY DISCLOSURE .. 59 RULE FINANCIAL AFFIDAVITS IN ENFORCEMENT AND CONTEMPT PROCEEDINGS .. 67 RULE DEPOSITIONS BEFORE ACTION OR PENDING APPEAL .. 67 RULE PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN .. 69 RULE DEPOSITIONS UPON ORAL EXAMINATION .. 70 RULE DEPOSITIONS UPON WRITTEN QUESTIONS .. 75 RULE USE OF DEPOSITIONS IN court PROCEEDINGS .. 76 RULE INTERROGATORIES TO PARTIES .. 78 RULE PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY ON LAND FOR INSPECTION AND OTHER PURPOSES.

4 81 RULE PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION .. 82 RULE EXAMINATION OF PERSONS .. 84 RULE EVALUATION OF MINOR CHILD .. 86 RULE SOCIAL INVESTIGATIONS .. 89 3 RULE EXPERT WITNESSES .. 90 RULE REQUESTS FOR ADMISSION .. 91 RULE FAILURE TO MAKE DISCOVERY; SANCTIONS .. 93 RULE DEPOSITIONS OF EXPERT WITNESSES .. 96 RULE CONFIDENTIALITY OF RECORDS AND PROCEEDINGS .. 97 RULE TESTIMONY AND ATTENDANCE OF MINOR CHILD .. 98 RULE SUBPOENA .. 98 RULE DISMISSAL OF ACTIONS ..102 RULE DEMAND FOR JURY TRIAL; WAIVER ..103 RULE JURY TRIAL ..104 RULE SETTING ACTION FOR TRIAL ..107 RULE EVIDENCE ..108 RULE TAKING TESTIMONY ..109 RULE CONTINUANCES ..110 RULE EXCEPTIONS ..110 RULE MOTION FOR A DIRECTED VERDICT ..111 RULE GENERAL MAGISTRATES.

5 112 RULE CHILD SUPPORT ENFORCEMENT ..116 RULE SPECIAL MAGISTRATES ..120 RULE DEFAULTS AND FINAL JUDGMENTS THEREON ..123 RULE SUMMARY JUDGMENT ..123 RULE VIEW ..125 RULE MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS ..126 RULE RELIEF FROM JUDGMENT, DECREES, OR ORDERS ..127 RULE EXECUTIONS AND FINAL PROCESS ..128 RULE DISCOVERY IN AID OF RULE ENFORCEMENT OF JUDGMENTS ..130 RULE WRIT OF POSSESSION ..131 RULE PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES ..132 RULE DEPOSITS IN court ..132 RULE INJUNCTIONS ..132 4 RULE INJUNCTIONS FOR PROTECTION AGAINST DOMESTIC, REPEAT, DATING, AND SEXUAL VIOLENCE, AND STALKING ..134 RULE CENTRAL GOVERNMENTAL DEPOSITORY ..143 RULE CIVIL CONTEMPT IN SUPPORT MATTERS.

6 143 RULE RECEIVERS ..146 RULE PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS ..147 RULE EXTRAORDINARY REMEDIES ..147 RULE OVERRIDE OF Family VIOLENCE INDICATOR ..148 RULE Family MEDIATION ..156 RULE MEDIATION Rules ..157 RULE PARENTING COORDINATION ..159 RULE COLLABORATIVE LAW PROCESS ..164 RULE Family SELF-HELP PROGRAMS ..167 5 Family LAW FORMS, COMMENTARY, AND INSTRUCTIONS [EDITOR S NOTE: Family Law Forms may be found on the florida Supreme court s webpage at For your convenience, a list of the available forms is below. Forms in bold are florida Family Law Rules of Procedure Forms, cited as Form. All others are florida Supreme court Approved Family Law Forms, cited as Form. See ] PETITIONS AND SUPPORTING DOCUMENTS (a) DISCLOSURE FROM NONLAWYER (b) NOTICE OF LIMITED APPEARANCE (c) CONSENT TO LIMITED APPEARANCE BY ATTORNEY (d) TERMINATION OF LIMITED APPEARANCE (e) ACKNOWLEDGMENT OF ASSISTANCE BY ATTORNEY (f) SIGNATURE BLOCK FOR ATTORNEY MAKING LIMITED APPEARANCE (g) AGREEMENT LIMITING REPRESENTATION (h) NOTICE OF RELATED CASES (a) PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE (b)(1) PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (b)(2) PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) (b)(3) PETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY SUPPORTING DOCUMENTS (b)

7 Family LAW FINANCIAL AFFIDAVIT (SHORT FORM) (c) Family LAW FINANCIAL AFFIDAVIT (d) UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT (e) NOTICE OF FILING CHILD SUPPORT GUIDELINES WORKSHEET (f)(1) MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (f)(2) MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) (f)(3) MARITAL SETTLEMENT AGREEMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE (i) AFFIDAVIT OF CORROBORATING WITNESS (j) NOTICE OF SOCIAL SECURITY NUMBER (a) ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE (b) ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE (c)(1) ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (c)(2) ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) (c)(3) ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY (d) ANSWER TO COUNTERPETITION (e) ANSWER TO SUPPLEMENTAL PETITION PETITIONS FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE 6 (a) PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (b) PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)

8 SUPPLEMENTAL PETITIONS TO MODIFY FINAL JUDGMENT (a) SUPPLEMENTAL PETITION TO MODIFY PARENTING PLAN/TIME-SHARING SCHEDULE AND OTHER RELIEF (b) SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT (c) SUPPLEMENTAL PETITION FOR MODIFICATION OF ALIMONY (d) SUPPLEMENTAL PETITION FOR TEMPORARY MODIFICATION OF PARENTING ISSUES FOR CHILDREN OF PARENT ACTIVATED, DEPLOYED, OR TEMPORARILY ASSIGNED TO MILITARY SERVICE SERVICE (a) SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL (b) PROCESS SERVICE MEMORANDUM (a) MEMORANDUM FOR CERTIFICATE OF MILITARY SERVICE (b) NONMILITARY AFFIDAVIT (a)(1) NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE (NO CHILDREN OR FINANCIAL SUPPORT (a)(2) NOTICE OF ACTION FOR Family LAW CASES WITH MINOR CHILDREN (b) AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY (c) AFFIDAVIT OF DILIGENT SEARCH CERTIFICATE OF SERVICE NOTICE OF CURRENT ADDRESS PROCEDURAL (a) MOTION FOR REFERRAL TO GENERAL MAGISTRATE (b) ORDER OF REFERRAL TO GENERAL MAGISTRATE (c) NOTICE OF HEARING BEFORE GENERAL MAGISTRATE NOTICE OF HEARING (CHILD SUPPORT ENFORCEMENT HEARING OFFICER) (a) MOTION FOR DEFAULT (b) DEFAULT (c))

9 MOTION TO SET ASIDE DEFAULT OR DEFAULT JUDGMENT NOTICE OF HEARING (GENERAL) NOTICE FOR TRIAL NOTICE OF VOLUNTARY DISMISSAL Family court COVER SHEET DISCOVERY (a) NOTICE OF SERVICE OF STANDARD Family LAW INTERROGATORIES (b) STANDARD Family LAW INTERROGATORIES FOR ORIGINAL OR ENFORCEMENT PROCEEDINGS (c) STANDARD Family LAW INTERROGATORIES FOR MODIFICATION PROCEEDINGS (a) NOTICE OF PRODUCTION FROM NONPARTY (b) SUBPOENA FOR PRODUCTION OF DOCUMENTS FROM NONPARTY CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE 7 MOTIONS (d) MOTION TO MODIFY OR DISSOLVE TEMPORARY INJUNCTION (e) ORDER DISSOLVING TEMPORARY INJUNCTION (a) VERIFIED MOTION FOR TEMPORARY INJUNCTION TO PREVENT REMOVAL OF MINOR CHILD(REN) AND/OR DENIAL OF PASSPORT SERVICES (b) TEMPORARY INJUNCTION TO PREVENT REMOVAL OF MINOR CHILD(REN) AND/OR DENIAL OF PASSPORT SERVICES (EX PARTE) (c) TEMPORARY INJUNCTION TO PREVENT REMOVAL OF MINOR CHILD(REN) AND/OR DENIAL OF PASSPORT SERVICES (AFTER NOTICE) (d) EMERGENCY VERIFIED MOTION FOR CHILD PICK-UP ORDER (e) ORDER TO PICK-UP MINOR CHILD(REN) (a) MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM (b) ORDER APPOINTING GUARDIAN AD LITEM MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (a) FOR TESTIMONY AND ATTENDANCE OF MINOR CHILD(REN) (b) ORDER FOR TESTIMONY AND ATTENDANCE OF MINOR CHILD(REN) (a) MOTION FOR TEMPORARY SUPPORT AND TIME-SHARING WITH DEPENDENT OR MINOR CHILD(REN) (b)

10 TEMPORARY ORDER OF SUPPORT AND TIME-SHARING WITH DEPENDENT OR MINOR CHILD(REN) (c) MOTION FOR TEMPORARY SUPPORT WITH NO DEPENDENT OR MINOR CHILD(REN) (d) TEMPORARY SUPPORT ORDER WITH NO DEPENDENT OR MINOR CHILD(REN) RELOCATION WITH MINOR CHILD(REN) (a) AGREEMENT FOR RELOCATION WITH MINOR CHILD(REN) (b) MOTION FOR ORDER PERMITTING RELOCATION BY AGREEMENT (c) PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) AND RELOCATION (d) SUPPLEMENTAL PETITION TO PERMIT RELOCATION WITH CHILD(REN) (e) MOTION FOR TEMPORARY ORDER GRANTING RELOCATION (f) TEMPORARY ORDER GRANTING/DENYING RELOCATION (g) MOTION FOR CIVIL CONTEMPT AND/OR RETURN OF CHILDREN (h) ORDER ON MOTION FOR CIVIL CONTEMPT FOR RELOCATION AND/OR RETURN OF CHILD(REN) (i) FINAL JUDGMENT/SUPPLEMENTAL FINAL JUDGMENT GRANTING RELOCATION (j) FINAL JUDGMENT/SUPPLEMENTAL FINAL JUDGMENT DENYING RELOCATION DISESTABLISHMENT OF PATERNITY (a) PETITION TO DISESTABLISH PATERNITY AND/OR TERMINATE CHILD SUPPORT OBLIGATION (b) ORDER DISESTABLISHING PATERNITY AND/OR TERMINATING CHILD SUPPORT OBLIGATION CONTEMPT/ENFORCEMENT MOTION FOR CIVIL CONTEMPT/ENFORCEMENT NOTICE OF HEARING ON MOTION FOR CONTEMPT/ENFORCEMENT AVAILABLE FOR FUTURE CATAGORIES SPECIAL CASES 8 DOMESTIC AND REPEAT VIOLENCE (a) PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE (b)(1)