Family Rules of Procedure - The Florida Bar

1 Family Law Rules of Procedure December 31, 2020 1 Florida Family LAW Rules OF Procedure TABLE OF CONTENTS Family LAW FORMS, COMMENTARY, AND INSTRUCTIONS .. 6 CITATIONS TO OPINIONS ADOPTING OR AMENDING Rules ..12 RULE PREFACE ..15 RULE COORDINATION OF RELATED Family CASES AND HEARINGS ..15 RULE JUDICIAL ACCESS AND REVIEW OF RELATED Family FILES ..16 RULE TRANSITION RULE ..17 RULE FILING COPIES OF ORDERS IN RELATED Family CASES ..17 RULE ACCESS AND REVIEW OF RELATED Family FILES BY PARTIES ..17 RULE SCOPE, PURPOSE, AND TITLE.

2 18 RULE MINIMIZATION OF SENSITIVE INFORMATION ..19 RULE Family LAW FORMS ..19 RULE DEFINITIONS ..22 RULE APPLICABILITY OF Rules OF JUDICIAL ADMINISTRATION ..23 RULE VERIFICATION OF PLEADINGS ..23 RULE ATTORNEYS ..23 RULE WHEN ACTION COMMENCED ..25 RULE TRANSFERS OF ACTIONS ..25 RULE PROCESS ..25 Family Law Rules of Procedure December 31, 2020 2 RULE CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR COUNTY OR MUNICIAPL CHARTER, ORDINANCE, OR FRANCHISE; NOTICE BY PARTY..29 RULE SERVICE OF PLEADINGS AND FILING OF DOCUMENTS.

3 30 RULE TIME ..31 RULE PLEADINGS AND MOTIONS ..32 RULE SIMPLIFIED DISSOLUTION Procedure ..35 RULE GENERAL Rules OF PLEADING ..36 RULE PLEADING SPECIAL MATTERS ..39 RULE DOCUMENTS SUPPORTING ACTION OR DEFENSE ..40 RULE RESPONSES ..40 RULE SHAM PLEADINGS ..43 RULE MOTIONS ..43 RULE COUNTERPETITTIONS AND CROSSCLAIMS ..43 RULE THIRD-PARTY PRACTICE ..45 RULE AMENDED PLEADINGS ..46 RULE CASE MANAGEMENT AND PRETRIAL CONFERENCES ..47 RULE PARTIES ..50 RULE INTERVENTIONS ..51 RULE INTERPLEADER ..51 RULE MISJOINDER AND NONJOINDER OF RULE SURVIVOR; SUBSTITUTION OF PARTIES.

4 52 RULE CONSOLIDATION; SEPARATE TRIALS ..53 RULE CONFIDENTIALITY OF RELATED Family HEARINGS ..53 RULE GENERAL PROVISIONS GOVERNING DISCOVERY ..53 RULE INADVERTENT DISCLOSURE OF PRIVILEGED MATERIALS ..59 Family Law Rules of Procedure December 31, 2020 3 RULE MANDATORY DISCLOSURE ..61 RULE FINANCIAL AFFIDAVITS IN ENFORCEMENT AND CONTEMPT PROCEEDINGS ..69 RULE DEPOSITIONS BEFORE ACTION OR PENDING APPEAL ..69 RULE PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN ..71 RULE DEPOSITIONS UPON ORAL EXAMINATION.

5 72 RULE DEPOSITIONS UPON WRITTEN QUESTIONS ..77 RULE USE OF DEPOSITIONS IN COURT PROCEEDINGS ..78 RULE INTERROGATORIES TO PARTIES ..80 RULE PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY ON LAND FOR INSPECTION AND OTHER PURPOSES ..83 RULE PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION ..85 RULE EXAMINATION OF PERSONS ..86 RULE EVALUATION OF MINOR child ..88 RULE SOCIAL INVESTIGATIONS ..91 RULE EXPERT WITNESSES ..93 RULE REQUESTS FOR ADMISSION ..93 RULE FAILURE TO MAKE DISCOVERY; SANCTIONS ..95 RULE DEPOSITIONS OF EXPERT WITNESSES.

6 99 RULE CONFIDENTIALITY OF RECORDS AND PROCEEDINGS ..99 RULE TESTIMONY AND ATTENDANCE OF MINOR child ..100 RULE SUBPOENA ..101 RULE DISMISSAL OF ACTIONS ..104 RULE DEMAND FOR JURY TRIAL; WAIVER ..106 RULE JURY TRIAL ..107 Family Law Rules of Procedure December 31, 2020 4 RULE SETTING ACTION FOR TRIAL ..110 RULE EVIDENCE ..111 RULE JUDICIAL NOTICE ..112 RULE TAKING TESTIMONY ..112 RULE CONTINUANCES ..113 RULE RULE MOTION FOR A DIRECTED VERDICT ..114 RULE GENERAL MAGISTRATES ..115 RULE child support ENFORCEMENT.

7 120 RULE SPECIAL MAGISTRATES ..124 RULE DEFAULTS AND FINAL JUDGMENTS THEREON ..127 RULE SUMMARY JUDGMENT ..127 RULE VIEW ..129 RULE MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS ..130 RULE RELIEF FROM JUDGMENT, DECREES, OR ORDERS ..131 RULE EXECUTIONS AND FINAL PROCESS ..132 RULE DISCOVERY IN AID OF RULE ENFORCEMENT OF JUDGMENTS ..134 RULE WRIT OF POSSESSION ..135 RULE PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES ..136 RULE DEPOSITS IN COURT ..136 RULE INJUNCTIONS ..136 RULE INJUNCTIONS FOR PROTECTION AGAINST DOMESTIC, REPEAT, DATING, AND SEXUAL VIOLENCE, AND STALKING.

8 138 Family Law Rules of Procedure December 31, 2020 5 RULE CENTRAL GOVERNMENTAL DEPOSITORY ..147 RULE CIVIL CONTEMPT IN support MATTERS ..147 RULE RECEIVERS ..150 RULE PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS ..151 RULE EXTRAORDINARY REMEDIES ..151 RULE OVERRIDE OF Family VIOLENCE INDICATOR ..152 RULE Family MEDIATION ..160 RULE MEDIATION Rules ..161 RULE PARENTING COORDINATION ..163 RULE COLLABORATIVE LAW PROCESS ..168 RULE Family SELF-HELP PROGRAMS ..171 Family Law Rules of Procedure December 31, 2020 6 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.]

9 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)

10 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) 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)