Florida Family Law Rules of Procedure

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Family Rules of Procedure

FLORIDA FAMILY LAW RULES OF PROCEDURE
TABLE OF CONTENTS
FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
RULE 12.000. PREFACE
RULE 12.003. COORDINATION OF RELATED FAMILY CASES
AND HEARINGS
RULE 12.004. JUDICIAL ACCESS AND REVIEW OF RELATED
FAMILY FILES
RULE 12.005. TRANSITION RULE
RULE 12.006. FILING COPIES OF ORDERS IN RELATED FAMILY
CASES
RULE 12.007. ACCESS AND REVIEW OF RELATED FAMILY FILES
BY PARTIES
RULE 12.010. SCOPE, PURPOSE, AND TITLE
RULE 12.012. MINIMIZATION OF SENSITIVE INFORMATION
RULE 12.015. FAMILY LAW FORMS
RULE 12.020. DEFINITIONS
RULE 12.025 APPLICABILITY OF RULES OF GENERAL PRACTICE
AND JUDICIAL ADMINISTRATION
RULE 12.030. VERIFICATION OF PLEADINGS
RULE 12.040. ATTORNEYS
RULE 12.050. WHEN ACTION COMMENCED
RULE 12.060. TRANSFERS OF ACTIONS
RULE 12.070. PROCESS
RULE 12.071. CONSTITUTIONAL CHALLENGE TO STATE
STATUTE OR COUNTY OR MUNICIPAL CHARTER,
ORDINANCE, OR FRANCHISE; NOTICE BY
PARTY.
RULE 12.080. SERVICE OF PLEADINGS AND FILING OF
DOCUMENTS
RULE 12.090. TIME
RULE 12.100. PLEADINGS AND MOTIONS
RULE 12.105. SIMPLIFIED DISSOLUTION PROCEDURE
RULE 12.110. GENERAL RULES OF PLEADING
RULE 12.120. PLEADING SPECIAL MATTERS
RULE 12.130. DOCUMENTS SUPPORTING ACTION OR
DEFENSE
RULE 12.140. RESPONSES
RULE 12.150. SHAM PLEADINGS
RULE 12.160. MOTIONS
RULE 12.170. COUNTERPETITTIONS AND CROSSCLAIMS
RULE 12.180. THIRD-PARTY PRACTICE
RULE 12.190. AMENDED PLEADINGS
RULE 12.200. CASE MANAGEMENT AND PRETRIAL
CONFERENCES
RULE 12.210. PARTIES
RULE 12.230. INTERVENTIONS
RULE 12.240. INTERPLEADER
RULE 12.250. MISJOINDER AND NONJOINDER OF PARTIES
RULE 12.260. SURVIVOR; SUBSTITUTION OF PARTIES
RULE 12.270. CONSOLIDATION; SEPARATE TRIALS
RULE 12.271. CONFIDENTIALITY OF RELATED FAMILY
HEARINGS
RULE 12.280. GENERAL PROVISIONS GOVERNING
DISCOVERY
RULE 12.281. INADVERTENT DISCLOSURE OF PRIVILEGED
MATERIALS
RULE 12.285. MANDATORY DISCLOSURE
RULE 12.287. FINANCIAL AFFIDAVITS IN ENFORCEMENT
AND CONTEMPT PROCEEDINGS
RULE 12.290. DEPOSITIONS BEFORE ACTION OR PENDING
APPEAL
RULE 12.300. PERSONS BEFORE WHOM DEPOSITIONS MAY BE
TAKEN
RULE 12.310. DEPOSITIONS UPON ORAL EXAMINATION
RULE 12.320. DEPOSITIONS UPON WRITTEN QUESTIONS
RULE 12.330. USE OF DEPOSITIONS IN COURT
PROCEEDINGS
RULE 12.340. INTERROGATORIES TO PARTIES
RULE 12.350. PRODUCTION OF DOCUMENTS AND THINGS
AND ENTRY ON LAND FOR INSPECTION AND
OTHER PURPOSES
RULE 12.351. PRODUCTION OF DOCUMENTS AND THINGS
WITHOUT DEPOSITION
RULE 12.360. EXAMINATION OF PERSONS
RULE 12.363. EVALUATION OF MINOR CHILD
RULE 12.364. SOCIAL INVESTIGATIONS
RULE 12.365. EXPERT WITNESSES
RULE 12.370. REQUESTS FOR ADMISSION
RULE 12.380. FAILURE TO MAKE DISCOVERY; SANCTIONS
RULE 12.390. DEPOSITIONS OF EXPERT WITNESSES
RULE 12.400. CONFIDENTIALITY OF RECORDS AND
PROCEEDINGS
RULE 12.407. TESTIMONY AND ATTENDANCE OF MINOR
CHILD
RULE 12.410. SUBPOENA
RULE 12.420. DISMISSAL OF ACTIONS
RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER
RULE 12.431. JURY TRIAL
RULE 12.440. SETTING ACTION FOR TRIAL
RULE 12.450. EVIDENCE
RULE 12.4501. JUDICIAL NOTICE
RULE 12.460. CONTINUANCES
RULE 12.470. EXCEPTIONS
RULE 12.480. MOTION FOR A DIRECTED VERDICT
RULE 12.490. GENERAL MAGISTRATES
RULE 12.491. CHILD SUPPORT ENFORCEMENT
RULE 12.492. SPECIAL MAGISTRATES
RULE 12.500. DEFAULTS AND FINAL JUDGMENTS THEREON 152
RULE 12.510. SUMMARY JUDGMENT
RULE 12.520. VIEW
RULE 12.530. MOTIONS FOR NEW TRIAL AND REHEARING;
AMENDMENTS OF JUDGMENTS
RULE 12.540. RELIEF FROM JUDGMENT, DECREES, OR
ORDERS
RULE 12.550. EXECUTIONS AND FINAL PROCESS
RULE 12.560. DISCOVERY IN AID OF EXECUTION
RULE 12.570. ENFORCEMENT OF JUDGMENTS
RULE 12.580. WRIT OF POSSESSION
RULE 12.590. PROCESS IN BEHALF OF AND AGAINST PERSONS
NOT PARTIES
RULE 12.600. DEPOSITS IN COURT
RULE 12.605. INJUNCTIONS
RULE 12.610. INJUNCTIONS FOR PROTECTION AGAINST
DOMESTIC, REPEAT, DATING, AND SEXUAL
VIOLENCE, AND STALKING
RULE 12.611. CENTRAL GOVERNMENTAL DEPOSITORY
RULE 12.615. CIVIL CONTEMPT IN SUPPORT MATTERS
RULE 12.620. RECEIVERS
RULE 12.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL
BONDS
RULE 12.630. EXTRAORDINARY REMEDIES
RULE 12.650. OVERRIDE OF FAMILY VIOLENCE INDICATOR
RULE 12.740. FAMILY MEDIATION
RULE 12.741. MEDIATION RULES
RULE 12.742. PARENTING COORDINATION
RULE 12.745. COLLABORATIVE LAW PROCESS
RULE 12.750. FAMILY SELF-HELP PROGRAMS

FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS
[EDITOR’S NOTE: Family Law Forms may be found on the Florida Supreme
Court’s webpage at https://www.flcourts.org/Resources-Services/Office-of-
Family-Courts/Family-Courts/Family-Law-
Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&vi
ew=embed_custom&searchtype=form&limit=50&query=&offset=0. For your
convenience, a list of the available forms is below. Forms in bold are Florida
Family Law Rules of Procedure Forms, cited as Fla.Fam.L.R.P. Form. All others
are Florida Supreme Court Approved Family Law Forms, cited as
Fla.Sup.Ct.App.Fam.L. Form. See Fla.Fam.L.R.P. 12.015.]

12.900–12.909 PETITIONS AND SUPPORTING DOCUMENTS

12.900 (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
12.901 (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

12.902 (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
12.903 (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

12.904 (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)

SUPPLEMENTAL PETITIONS TO MODIFY FINAL JUDGMENT

12.905 (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

12.910–12.919 SERVICE

12.910 (a) SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL
(b) PROCESS SERVICE MEMORANDUM
12.912 (a) MEMORANDUM FOR CERTIFICATE OF MILITARY SERVICE
(b) NONMILITARY AFFIDAVIT
12.913 (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
12.914 CERTIFICATE OF SERVICE
12.915 NOTICE OF CURRENT ADDRESS

12.920–12.929 PROCEDURAL

12.920 (a) MOTION FOR REFERRAL TO GENERAL MAGISTRATE
(b) ORDER OF REFERRAL TO GENERAL MAGISTRATE
(c) NOTICE OF HEARING BEFORE GENERAL MAGISTRATE
12.921 NOTICE OF HEARING (CHILD SUPPORT ENFORCEMENT HEARING
OFFICER)
12.922 (a) MOTION FOR DEFAULT
(b) DEFAULT
(c) MOTION TO SET ASIDE DEFAULT OR DEFAULT JUDGMENT
12.923 NOTICE OF HEARING (GENERAL)
12.924 NOTICE FOR TRIAL
12.927 NOTICE OF VOLUNTARY DISMISSAL
12.928 FAMILY COURT COVER SHEET

12.930–12.939 DISCOVERY

12.930 (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
12.931 (a) NOTICE OF PRODUCTION FROM NONPARTY
(b) SUBPOENA FOR PRODUCTION OF DOCUMENTS FROM NONPARTY
12.932 CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE

12.940–12.949 MOTIONS

12.940 (d) MOTION TO MODIFY OR DISSOLVE TEMPORARY INJUNCTION
(e) ORDER DISSOLVING TEMPORARY INJUNCTION
12.941 (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)
12.942 (a) MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM
(b) ORDER APPOINTING GUARDIAN AD LITEM
12.943 MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES
12.944 (a) FOR TESTIMONY AND ATTENDANCE OF MINOR CHILD(REN)
(b) ORDER FOR TESTIMONY AND ATTENDANCE OF MINOR CHILD(REN)
12.947 (a) MOTION FOR TEMPORARY SUPPORT AND TIME-SHARING WITH
DEPENDENT OR MINOR CHILD(REN)
(b) 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)

12.950 RELOCATION WITH MINOR CHILD(REN)

12.950 (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

12.951 DISESTABLISHMENT OF PATERNITY

12.951 (a) PETITION TO DISESTABLISH PATERNITY AND/OR TERMINATE CHILD
SUPPORT OBLIGATION
(b) ORDER DISESTABLISHING PATERNITY AND/OR TERMINATING CHILD

SUPPORT OBLIGATION

12.960–12.969 CONTEMPT/ENFORCEMENT

12.960 MOTION FOR CIVIL CONTEMPT/ENFORCEMENT
12.961 NOTICE OF HEARING ON MOTION FOR CONTEMPT/ENFORCEMENT

12.970–12.979 AVAILABLE FOR FUTURE CATAGORIES

12.980–12.989 SPECIAL CASES

DOMESTIC AND REPEAT VIOLENCE

12.980 (a) PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE
(b)(1) ORDER SETTING HEARING ON PETITION FOR INJUNCTION FOR
PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE,
DATING VIOLENCE, OR SEXUAL VIOLENCE WITHOUT ISSUANCE OF AN
INTERIM TEMPORARY INJUNCTION
(b)(2) ORDER DENYING PETITION FOR INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE, OR
SEXUAL VIOLENCE
(c)(1) TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE WITH MINOR CHILD(REN)
(c)(2) TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE WITHOUT MINOR CHILD(REN)
(d)(1) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE)
(d)(2) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) (AFTER NOTICE)
(e) ORDER OF DISMISSAL OF TEMPORARY INJUNCTION FOR PROTECTION
AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE ( ) DATING
VIOLENCE ( ) SEXUAL VIOLENCE
(f) PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT
VIOLENCE
(g) SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION
FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE,
DATING VIOLENCE, OR SEXUAL VIOLENCE
(h) PETITIONER’S REQUEST FOR CONFIDENTIAL FILING OF ADDRESS
(i) MOTION FOR EXTENSION OF INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE, OR
SEXUAL VIOLENCE
(j) MOTION FOR MODIFICATION OF INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE, OR
SEXUAL VIOLENCE
(k) TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE
( l) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST REPEAT
VIOLENCE (AFTER NOTICE)
(m) ORDER EXTENDING INJUNCTION FOR PROTECTION AGAINST ( )
DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE ( ) DATING VIOLENCE ( )
SEXUAL VIOLENCE
(n) PETITION FOR INJUNCTION FOR PROTECTION AGAINST DATING
VIOLENCE
( o) TEMPORARY INJUNCTION FOR PROTECTION AGAINST DATING VIOLENCE

(p) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DATING
VIOLENCE (AFTER NOTICE)
(q) PETITION FOR INJUNCTION FOR PROTECTION AGAINST SEXUAL
VIOLENCE
(r) TEMPORARY INJUNCTION FOR PROTECTION AGAINST SEXUAL VIOLENCE
(s) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST SEXUAL
VIOLENCE (AFTER NOTICE)
(t) PETITION BY AFFIDAVIT FOR ORDER TO SHOW CAUSE FOR A VIOLATION
OF FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST
DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE, OR
SEXUAL VIOLENCE
(u) ORDER TO SHOW CAUSE

ADOPTION

12.981 (a)(1) STEPPARENT ADOPTION: CONSENT AND WAIVER BY PARENT
(a)(2) STEPPARENT ADOPTION: CONSENT OF ADOPTEE
(a)(3) AFFIDAVIT OF NONPATERNITY
(a)(4) STEPPARENT ADOPTION: AFFIDAVIT OF DILIGENT SEARCH
(a)(5) INDIAN CHILD WELFARE ACT AFFIDAVIT
(a)(6) MOTION FOR SEARCH OF THE PUTATIVE FATHER REGISTRY
(a)(7) ORDER GRANTING MOTION FOR SEARCH OF THE PUTATIVE FATHER
REGISTRY
(b)(1) JOINT PETITION FOR ADOPTION BY STEPPARENT
(b)(2) FINAL JUDGMENT OF STEPPARENT ADOPTION
(c)(1) PETITION FOR ADOPTION OF ADULT BY STEPPARENT
(c)(2) STEPPARENT ADOPTION: CONSENT OF ADULT ADOPTEE’S SPOUSE
(d)(1) PETITION FOR ADOPTION INFORMATION
(d)(2) ORDER RELEASING ADOPTION INFORMATION

NAME CHANGE

12.982 (a) PETITION FOR CHANGE OF NAME (ADULT)
(b) FINAL JUDGMENT OF CHANGE OF NAME (ADULT)
(c) PETITION FOR CHANGE OF NAME (MINOR CHILD(REN))
(d) CONSENT FOR CHANGE OF NAME (MINOR CHILD(REN))
(e) FINAL JUDGMENT OF CHANGE OF NAME (MINOR CHILD(REN))
(f) PETITION FOR CHANGE OF NAME (FAMILY)
(g) FINAL JUDGMENT OF CHANGE OF NAME (FAMILY)

PATERNITY

12.983 (a) PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF
(b) ANSWER TO PETITION TO DETERMINE PATERNITY AND FOR RELATED
RELIEF
(c) ANSWER TO PETITION AND COUNTERPETITION TO DETERMINE
PATERNITY AND FOR RELATED RELIEF
(d) ANSWER TO COUNTERPETITION
(e) MOTION FOR SCIENTIFIC PATERNITY TESTING
(f) ORDER ON MOTION FOR SCIENTIFIC PATERNITY TESTING
(g) FINAL JUDGMENT OF PATERNITY

PARENTING COORDINATOR

12.984 (a) ORDER OF REFERRAL TO PARENTING COORDINATOR
(b) RESPONSE BY PARENTING COORDINATOR
(c) PARENTING COORDINATOR REPORT OF AN EMERGENCY
(d) PARENTING COORDINATOR REQUEST FOR STATUS CONFERENCE

12.990–12.999 JUDGMENTS AND ORDERS

12.990 (a) FINAL JUDGMENT OF SIMPLIFIED DISSOLUTION OF MARRIAGE
(b)(1) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH MINOR
CHILD(REN) (UNCONTESTED)
(b)(2) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH PROPERTY BUT
NO DEPENDENT OR MINOR CHILD(REN) (UNCONTESTED)
(b)(3) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH NO PROPERTY
OR DEPENDENT OR MINOR CHILD(REN) (UNCONTESTED)
(c)(1) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH DEPENDENT OR
MINOR CHILD(REN)
(c)(2) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH PROPERTY BUT
NO DEPENDENT OR MINOR CHILD(REN)
12.993 (a) SUPPLEMENTAL FINAL JUDGMENT MODIFYING PARENTAL
RESPONSIBILITY, VISITATION, OR PARENTING PLAN/TIME-SHARING
SCHEDULE AND OTHER RELIEF

(b) SUPPLEMENTAL FINAL JUDGMENT MODIFYING CHILD SUPPORT
(c) SUPPLEMENTAL FINAL JUDGMENT MODIFYING ALIMONY
(d) SUPPLEMENTAL TEMPORARY JUDGMENT MODIFYING PARENTING
ISSUES FOR CHILD(REN) OF A PARENT ACTIVATED, DEPLOYED, OR
TEMPORARILY ASSIGNED TO MILITARY SERVICE
12.994 (a) FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF
MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)
(b) FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF
MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)
12.995 (a) PARENTING PLAN
(b) SUPERVISED/SAFETY-FOCUSED PARENTING PLAN
(c) RELOCATION/LONG-DISTANCE PARENTING PLAN
12.996 (a) INCOME DEDUCTION ORDER (NON-TITLE IV-D CASE)
(b) NOTICE TO PAYOR
(c) NOTICE OF FILING RETURN RECEIPT
(d) FLORIDA ADDENDUM TO INCOME WITHHOLDING ORDER
CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES
ORIGINAL ADOPTION, effective 1-1-96: 663 So.2d 1049

OTHER
OPINIONS:
Effective 1-1-96: 663 So.2d Amended rules 12.280, 12.285.
1315.
Effective 2-1-96: 667 So.2d 202. Amended form 12.901(a).
Effective 3-1-98: 713 So.2d 1. Amended rules 12.070–12.080,
12.200, 12.285, 12.340, 12.491,
12.610; added rules 12.287, 12.363;
replaced all forms and instructions.
Effective 7-1-98: 717 So.2d 914. Amended forms 12.947(b), 12.948(b),
12.980(d)–(e), 12.983(a), 12.983(c),
12.983(g), 12.990(c)(1)–(c)(2),
12.993(a)–(c), 12.994(a)–(b).
Effective 1-1-99: 725 So.2d 365. Added rule 12.750.
Effective 2-1-99: 723 So.2d 208. Amended rules 12.080, 12.170,
12.285, 12.491, 12.610; added rules
12.365, 12.615; amended forms
12.901(d)–(e), 12.903(c), 12.932,
12.941(d), 12.980(b).
Effective 2-1-99: 746 So.2d Amended rules 12.365, 12.610,
1073. 12.615.
Effective 7-1-99: 759 So.2d 583. Amended forms 12.901(j), 12.920(c),
12.921, 12.943, 12.980(g), 12.980(j)–
(k); deleted form 12.946(a); added
forms 12.960–12.961.
Effective 5-25-00: 766 So.2d 999. Added rule 12.650.
Effective 9-21-00: 810 So.2d 1. Amended rules 12.000, 12.070,
12.105, 12.285, 12.287, 12.340,
12.490, 12.610, 12.750; added rule
12.015; replaced all forms and
instructions.
Effective 1-1-01: 783 So.2d 937. Amended rules 12.560, 12.610;
amended forms 12.910(a), 12.930(b)–
(c).
Effective 6-7-01: 816 So.2d 528. Amended form 12.902(e).
Effective 12-6-01: 817 So.2d 721. Amended forms 12.902(c)–(d),
12.941(e), 12.981(b).
Effective 3-28-02: 821 So.2d 263. Amended and added forms
12.981(a)(1)–12.981(d)(2) (stepparent
adoption).
Effective 5-30-02: 824 So.2d 95. Amended rule 12.200, form 12.902(e).
Effective 10-3-02: 832 So.2d 684. Amended forms 12.981(a)(2),
12.981(a)(5)–12.981(a)(7), 12.981(b)(1),
12.981(c)(1); added form 12.981(a)(8).
Effective 10-3-02: 833 So.2d 682. Amended rule 12.200, form 12.902(e).
Effective 10-3-02: 830 So.2d 72. Amended forms 12.980(a)–(b), (d)(1)–(f).
Effective 12-19-836 So.2d Amended forms 12.901(b)(1),
02: 1019. 12.903(a)–(b), 12.903(c)(1), 12.903(e),
12.904(a), 12.905(a), 12.940(d),
12.941(a), 12.941(d)–(e), 12.947(a),
12.980(b), 12.980(d)(1), 12.980(e)(1),
12.980(k), 12.981(a)(1), 12.981(b)(1),
12.983(a)–(c).
Effective 5-1-03: 845 So.2d 174. Amended rule 12.610.
Effective 5-15-03: 849 So.2d Amended forms 12.980(a)–(n); added
1003. forms 12.980(o)–(s).
Effective 7-10-03: 853 So.2d 303. Amended rules 12.200, 12.285,
12.490, 12.610, 12.750, forms
12.902(b)–(c), 12.930(a)–(c), 12.932.
Effective 1-1-04: 853 So.2d 303. Amended rules 12.280, 12.340,
12.380, 12.400, 12.491, 12.615.
Effective 1-1-04: 860 So.2d 394. Added rule 12.040.
Effective 3-25-04: 871 So.2d 113. Amended forms 12.931(a)–(b); deleted
form 12.980(a); amended and
renumbered forms 12.980(a)–(p), (t)–
(u); added forms 12.980(q)–(s).
Effective 3-25-04: 870 So.2d 791. Deleted forms 12.981(a)(1), (a)(6)–(a)(7),
(c)(3); amended and renumbered forms
12.981(a)(1)–(a)(5); added forms
12.981(a)(6)–(a)(7); amended forms
12.981(b)(1)–(c)(2).
Effective 7-8-04: 880 So.2d 579. Amended forms 12.980(g)–(j), (q)–(s).
Effective 9-15-04: 883 So.2d Amended rule 12.015; added forms
1285. 12.900(b)–(f).
Effective 10-1-04: 887 So.2d Amended rules 12.015, 12.200,
1090. 12.490, 12.492; amended General
Information, forms 12.920(a)–(c),
12.921, 12.923, 12.960–12.961.
Effective 11-24-891 So.2d Amended forms 12.982(a), (c), (f).
04: 1016.
Effective 3-3-05: 897 So.2d 467. Added rule 12.525.
Effective 6-2-05: 905 So.2d 865. Amended rules 12.010, 12.070–
12.080, 12.200, 12.285, 12.490,
12.492, 12.610, 12.740–12.741,
12.750.

Effective 6-30-05: 910 So.2d 194. Amended forms 12.901(a)–(b)(3),
12.904(a)–(b), 12.905(b)–(c),
12.913(1),12.983(a), General
Information for Self-Represented
Litigants; deleted form 12.902(a).
Effective 1-1-06: 915 So.2d 145. Amended rule 12.741.
Effective 1-1-06: 913 So.2d 545. Amended rule 12.285, form 12.932;
deleted form 12.984.
Effective 2-9-06: 920 So.2d Amended form 12.900(a).
1145.
Effective 9-28-06: 940 So.2d 409. Amended forms 12.902(b), (c), (i).
Effective 7-12-07: 962 So.2d 302. Amended rule 12.070; added forms
12.905(d), 12.913(c).
Effective 4-24-08: 981 So.2d Amended forms 12.905(a), 12.913(c);
1189. deleted form 12.905(d).
Effective 7-10-08: 987 So.2d 65. Amended rule 12.285, forms 12.930(b),
12.932.
Effective 10-16-995 So.2d 445. Amended rules 12.010, 12.200,
08: 12.210, 12.363, 12.491, 12.610,
12.650, forms 12.900(b)–(c), 12.902(e),
12.930(b)–(c).
Effective 12-11-997 So.2d 401. Amended rule 12.010.
08:
Effective 1-1-09: 995 So.2d 407. Amended rules 12.015, 12.040,
12.310, 12.400–12.410, 12.490,
12.610, 12.650, 12.750, forms
12.930(c), 12.982(c), 12.982(f); added
forms 12.900(g)–(h).
Effective 5-28-09: 15 So.3d 558. Amended rule 12.100; added rule
12.201.
Effective 1-1-10: 15 So.3d 998. Added form 12.928.
Effective 3-26-09: 20 So.3d 173. Amended General information for self-
represented Litigants; 12.901(b)(1),
12.902(d), (f)(1), 12.903(a)–(b),
12.940(d)–(e), 12.941(a)–(b), (d)–(e),
12.942(a)–(b), 12.943, 12.947(a)–(b),
12.960, 12.980(a), (c)(1), (d)(1),
12.981(a)(1), (b)(1), 12.983(a)–(c), (g),
12.990(b)(1), (c)(1), 12.993(a)–(b), (d),
12.994(a); added 12.905(d), 12.995(a)–
(b).
Effective 9-3-09: 19 So.3d 950. Amended rules 12.363, 12.650, forms
12.900(b)–(c), 12.930(b)–(c).
Effective 10-15-30 So.3d 477. Amended rules 12.015, 12.100.
09:
Effective 1-1-10: 30 So.3d 477. Amended form 12.928.
Effective 1-28-10: 27 So.3d 650. Amended rule 12.015; added rule
12.742, forms 12.984, 12.988.
Effective 3-4-10: 29 So.3d 227. Amended rule 12.015; added forms
12.996(a)–(c).
Effective 6-24-10: 50 So.3d 547. Amended forms 12.982(a), (c), (e).
Effective 9-30-10: 55 So.3d 381. Amended rules 12.280, 12.650; added
forms 12.950(a)–(j), 12.951(a)–(b),
12.995(c).
Effective 10-1-10: 48 So.3d 25. Amended 12.996(a).
Effective 1-1-11: 48 So.3d 25. Amended 12.902(e).
Effective 10-1-11: 80 So.3d 317. Amended 12.105, 12.130, 12.280,
12.285, 12.287, 12.340, 12.363,
12.370, 12.410, 12.440, 12.540,
12.560, 12.620, forms 12.905(d),
12.943.
Effective 10-6-11: 75 So.3d 203. Amended 12.010.
Effective 1-1-12: 84 So.3d 257. Amended forms 12.913(a)(1),
12.913(b)-(c); added form 12.913(a)(2).
Effective 1-19-12: 80 So.3d 317. Amended forms 12.902(e) and 12.932.
Effective 6-7-12: 93 So.3d 194. Amended forms 12.980(a)-(u).
Effective 6-28-12: 94 So.3d 558. Amended rule12.015; added form
12.996(d).
Effective 9-1-12: 102 So.3d 505. Amended rules 12.040, 12.080-12.090,
12.170, 12.285, 12.361, 12,410,
12.330, 12.500, 12.611, 12.615, forms
12.900(b)-(h), 12.902(b)-(c), (e),
12.910(a), 12.915, 12.920(a)-(c),
12.930(a)-(c), 12.932, 12.996(b)-(c).
Effective 10-1-12: 95 So.3d 126. Amended rules 12.010, 12.070,
12.080, 12.200, 12.285, 12.490,
12.492, 12.610, and 12.750.
Effective 10-1-12: 95 So.3d 96. Amended rule 12.090.
Effective 10-4-12: 101 So.3d 360. Added rules 12.071, 12.281, 12.442
and amended rule 12.340.
Effective 1-1-13: 104 So.3d Amended rule 12.740.
1043.
Effective 4-1-13: 102 So.3d 451. Amended rules 12.010, 12.040,
12.080, 12.200, added rule 12.025.
Effective 10-1-13: 102 So.3d 505. Amended rules 12.010, 12.080,
12.090, 12.170, 12.285, 12.351,
12.410, 12.440, 12.510, 12.611,
12.615, 12.630.
Effective 11-14-126 So.3d 228. Amended rule 12.610.
13:
Effective 4-1-14: 132 So. 3d Adopted rules 12.003, 12.004, 12.006,
1114. 12.007, and 12.271.
Effective 7-3-14: 142 So.3d 831. Amended rule 12.742. Amended and
renumbered forms 12.984(a), (b), (c),
and (d).
Effective 10-1-14: 141 So.3d Amended rule12.741.
1172.
Effective 1-1-15: 154 So.3d 301. Amended rules 12.070, 12.200,
12.363, 12.490, 12.491, and 12.560.
Adopted rules 12.012 and 12.364.
Amended forms 12.901(a), 12.902(b),
and 12.902(c).
Effective 03-16-214 So.3d 400. Amended rules 12.005, 12.010,
17: 12.015, 12.020, 12.030, 12.050,
12.060,12.070, 12.071, 12.080,
12.090,12.100, 12.110, 12.120,
12.140, 12.150, 12.160, 12.170,
12.180, 12.190, 12.210, 12.230,
12.240, 12.250, 12. 260, 12.270,
12.280, 12.281, 12.285, 12.290,
12.300, 12.310, 12.320, 12.330,
12.340, 12.350, 12.351, 12.360,
12.365, 12.370, 12.380, 12.410,
12.420, 12.430, 12.431, 12.440,
12.450, 12.460, 12.470, 12.480,
12.500, 12.510, 12.530, 12.540,
12.550, 12.570, 12.580, 12.590,
12.60012.620, 12.625, 12.630, and
Forms 12.910 (a), 12.911(a),
12.911(b),12.911(c),
12.911(d),12.911(e), 12.930(a),
12.930(b), 12.930(c),12.930 (d),
12.975, and 12.999. Deleted Rule 12 , 12.442, 12.481, and 12.525,
Adopted rule 12.605
Effective 07-01-218 So.3d 440. Adopted 12.745
17:
Effective 01-01-227 So.3d 115. Amended rules, 12.130, 12.200,
18: 12.400, 12.490, and Forms
12.902(f)(3). Adopted 12.4501
Effective 02-01-235 So.3d 800. Amended form 12.901(a).
18:
Effective 12-13-259 So.3d 752. Amended Rule 12.407
18:
Effective 04-08-318 So. 3d Amended 12.080
21: 1240.
Effective 5-21-21: 317 So. 3d Amended 12.741
1090.
Effective 7-8-21: 321 So.3d 692. Amended 12.510
Effective 10-28-344 So.3d 940. Amended 12.003, 12.007, 12.010,
21: 12.012, 12.015, 12.025, 12.030,
12.090, 12.130, 12.270, 12.280,
12.285, 12.310, 12.340, 12.350,
12.351, 12.363, 12.370, 12.400,
12.440, 12.4501, 12.460, 12.540,
12.610, 12.615, 12.620, 12.650,
12.745, 12.750
Effective 1-1-22: 334 So.3d 575. Amended 12.410
Effective 2-10-22: 335 So.3d 90. Amended 12.510
Effective 4-1-22: 346 So.3d Amended 12.490, 12.491, Forms 12.
1053 920(a), (b), and (c)
Effective 4-1-22: 345 So.3d 830. Amended 12.100
Effective 7-1-22: 346 So.3d Amended 12.350
1094.
Effective 7-1-22: 346 So.3d Amended 12.351
1099.
Effective 7-14-22: 346 So.3d 1100. Amended 12.340
Effective 8-25-22: SC22-756 Amended 12.530

Effective 9-15-22: 348 So.3d 481 Amended 12.200
(SC22-574)
Effective 10-1-22: 47 Fla. L. Amended 12.310, 12.320, 12.407,
Weekly S188 12.410, 12.430, 12.440, and 12.740.
Deleted 12.451.

Effective
10-24-22: AOSC22-78 Style changed throughout to comply
with the updated guidelines
Effective 4-27-23: SC22-756 Amended Rule 12.530(a)
Effective 10-1-23: SC23-0434 Amended Rules 12.070, 12.280, and
12.340
10-19-23: SC22-756 Revised opinion amended Rule
12.530(a)
7-1-2024 SC23-1472 Amended Rules 12.400, 12.470,
12.490, 12.491, and 12.740

RULE 12.000. PREFACE
These rules consist of two separate sections. Section I contains
the procedural rules governing family law matters and their
commentary. Section II contains forms.
Commentary
1995 Adoption. These rules were adopted after the Florida
Supreme Court determined that separate rules for family court
procedure were necessary. See In re Florida R. Fam. Ct. P. , 607
So.2d 396 (Fla. 1992). The court recognized that family law cases
are different from other civil matters, emphasizing that the 1993
creation of family divisions in the circuit courts underscored the
differences between family law matters and other civil matters. In
adopting the family law rules, the Court stressed the need for
simplicity due to the large number of pro se litigants (parties
without counsel) in family law matters. In an effort to assist the
many pro se litigants in this field, the Court has included simplified
forms and instructional commentary in these rules. See Section II.
The instructional commentary to the forms refers to these rules or
the Florida Rules of Civil Procedure, where applicable.
The forms originally were adopted by the Court pursuant to
Family Law Rules of Procedure , No. 84,337 (Fla. July 7, 1995 ); In re
Petition for Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules
Regulating the Florida Bar—Stepparent Adoption Forms , 613 So.2d
900 (Fla. 1992); Rules Regulating the Florida Bar—Approval of
Forms , 581 So.2d 902 (Fla. 1991).
SECTION I
FAMILY LAW RULES OF PROCEDURE
RULE 12.003. COORDINATION OF RELATED FAMILY CASES
AND HEARINGS
(a) Assignment to One Judge.
(1) All related family cases must be handled before one
judge unless impractical.
(2) If it is impractical for one judge to handle all related
family cases, the judges assigned to hear the related cases involving
the same family and/or children may confer for the purpose of case
management and coordination of the cases. Notice and
communication shall comply with Canon 3.B.(7) of the Code of
Judicial Conduct. The party who filed the notice of related cases or
the court may coordinate a case management conference under rule
12.200 between the parties and the judges hearing the related
cases. In addition to the issues that may be considered, the court
shall:
(A) consolidate as many issues as is practical to
be heard by one judge;
(B) coordinate the progress of the remaining
issues to facilitate the resolution of the pending actions and to
avoid inconsistent rulings;
(C) determine the attendance or participation of
any minor child in the proceedings if the related cases include a
juvenile action; and
(D) determine the access of the parties to court
records if a related case is confidential pursuant to Florida Rule of
General Practice and Judicial Administration 2.420.
(b) Joint Hearings or Trials.
(1) The court may order joint hearings or trials of any
issues in related family cases.
(2) For joint or coordinated hearings, notice to all
parties and to all attorneys of record in each related case shall be
provided by the court, the moving party, or other party as ordered
by the court, regardless of whether or not the party providing notice
is a party in every case number that will be called for hearing.
RULE 12.004. JUDICIAL ACCESS AND REVIEW OF RELATED
FAMILY FILES
(a) In General. A judge hearing a family case may access
and review the files of any related case either pending or closed, to
aid in carrying out his or her adjudicative responsibilities.
Authorized court staff and personnel may also access and review
the file of any related case.
(b) Family Case Defined. For purposes of this rule, a
related family case is another pending or closed case separate from
the pending case, as defined in Rule of Judicial Administration
2.545(d).
(c) Nondisclosure of Confidential Information. Judges or
authorized court personnel shall not disclose confidential
information and documents contained in related case files except in
accordance with applicable state and federal confidentiality laws.
(d) Notice by Court Staff. Authorized court staff may advise
the court about the existence of related legal proceedings, the legal
issues involved, and administrative information about such cases.
RULE 12.005. TRANSITION RULE
These rules apply to all family law cases as of March 16, 2017.
Any action taken in a family law case before March 16, 2017, that
conformed to the then-effective rules or statutes governing family
law cases, will be regarded as valid during the pendency of the
litigation.
Commentary
1995 Adoption. This rule provides for an effective date of
January 1, 1996, for these Florida Family Law Rules of Procedure.
Under this rule, any action taken in a family law matter before
January 1, 1996, will be regarded as valid during the pendency of
the litigation so long as that action was taken in accordance with
the then-effective rules or statutes governing family law cases. Any
action taken after January 1, 1996, in new or pending family law
cases will be governed by these rules.
RULE 12.006. FILING COPIES OF ORDERS IN RELATED
FAMILY CASES
The court may file copies of court orders in related family
cases involving the same parties. All relevant case numbers should
be placed on the order and a separate copy placed in each related
case file.
RULE 12.007. ACCESS AND REVIEW OF RELATED FAMILY
FILES BY PARTIES
(a) In General. Access to confidential files in related cases
shall not be granted except as authorized by Florida Rule of General
Practice and Judicial Administration 2.420.
(b) Confidentiality of Address. When a petitioner for
domestic violence injunction requests that his or her address be
kept confidential pursuant to section 741.30, Florida Statutes, this
information is exempt from the public records provisions of section
119.07(1), Florida Statutes and article I, section 24(a), Florida
Constitution, and is a confidential court record under Rule of
General Practice and Judicial Administration 2.420(d). Persons with
authorized access to confidential information shall develop methods
to ensure that the address remains confidential as provided by law.
(c) Disclosure Prohibited. Disclosure by parties of
confidential information and documents contained in court files for
related family cases, except in accordance with applicable state and
federal confidentiality statutes, is prohibited.
RULE 12.010. SCOPE, PURPOSE, AND TITLE
(a) Scope.
(1) These rules apply to all actions concerning family
matters, including injunctions for protection against domestic,
repeat, dating, and sexual violence, and stalking, except as
otherwise provided by the Florida Rules of Juvenile Procedure or
the Florida Probate Rules. “Family matters,” “family law matters,” or
“family law cases” as used within these rules include, but are not
limited to, matters arising from dissolution of marriage, annulment,
support unconnected with dissolution of marriage, paternity, child
support, an action involving a parenting plan for a minor child or
children (except as otherwise provided by the Florida Rules of
Juvenile Procedure), proceedings for temporary or concurrent
custody of minor children by extended family, adoption,
proceedings for emancipation of a minor, declaratory judgment
actions related to premarital, marital, or postmarital agreements
(except as otherwise provided, when applicable, by the Florida
Probate Rules), injunctions for protection against domestic, repeat,
dating, and sexual violence, and stalking, and all proceedings for
modification, enforcement, and civil contempt of these actions.
(2) The form, content, procedure, and time for pleading
in all proceedings shall be as prescribed by the statutes governing
the proceeding unless these rules or the Florida Rules of General
Practice and Judicial Administration, where applicable, specifically
provide to the contrary. All actions under these rules shall also be
governed by the Florida Evidence Code, which applies in cases
where a conflict with these rules may occur.
(b) Purpose.
(1) These rules are intended to facilitate access to the
court and to provide procedural fairness to all parties, to save time
and expense through active case management, setting timetables,
and the use of alternatives to litigation, and to enable the court to
coordinate related cases and proceedings to avoid multiple
appearances by the same parties on the same or similar issues and
to avoid inconsistent court orders.
(2) Nothing shall prohibit any intake personnel in
family law divisions from assisting in the preparation of documents
or forms to be filed in any action under these rules.
(c) Title. These rules shall be known as the Florida Family
Law Rules of Procedure and abbreviated as Fla. Fam. L. R. P.
RULE 12.012. MINIMIZATION OF SENSITIVE INFORMATION
Every pleading or other document filed with the court shall
comply with Florida Rule of General Practice and Judicial
Administration 2.425, Minimization of the Filing of Sensitive
Information.
RULE 12.015. FAMILY LAW FORMS
(a) Forms Adopted as Rules. The forms listed in this rule
shall be adopted by the rulemaking process in Florida Rule of
General Practice and Judicial Administration 2.140. The Family
Law Rules Committee of The Florida Bar may propose amendments
to these forms and any associated instructions. These forms shall
be designated “Florida Family Law Rules of Procedure Forms.”
Forms coming under this provision are:
(1) 12.900(a), Disclosure From Nonlawyer;
(2) 12.900(b), Notice of Limited Appearance;
(3) 12.900(c), Consent to Limited Appearance by
Attorney;
(4) 12.900(d), Termination of Limited Appearance;
(5) 12.900(e), Acknowledgment of Assistance by
Attorney;
(6) 12.900(f), Signature Block for Attorney Making
Limited Appearance;
(7) 12.900(g), Agreement Limiting Representation;
(8) 12.900(h), Notice of Related Cases;
(9) 12.901(a), Petition for Simplified Dissolution of
Marriage;
(10) 12.902(b), Family Law Financial Affidavit (Short
Form);
(11) 12.902(c), Family Law Financial Affidavit (Long
Form);
(12) 12.902(e), Notice of Filing Child Support Guidelines
Worksheet;
(13) 12.902(f)(3), Marital Settlement Agreement for
Simplified Dissolution of Marriage;
(14) 12.910(a), Summons: Personal Service on an
Individual;
(15) 12.911(a), Subpoena for Hearing or Trial (Issued by
Clerk);
(16) 12.911(b), Subpoena for Hearing or Trial (Issued by
Attorney);
(17) 12.911(c), Subpoena Duces Tecum for Hearing or
Trial (Issued by Clerk);
(18) 12.911(d), Subpoena Duces Tecum for Hearing or
Trial (Issued by Attorney);
(19) 12.911(e), Subpoena for Deposition (Issued by
Clerk);
(20) 12.913(b), Affidavit of Diligent Search and Inquiry;
(21) 12.913(c), Affidavit of Diligent Search;
(22) 12.920(a), Motion for Referral to General Magistrate;
(23) 12.920(b), Order of Referral to General Magistrate;
(24) 12.920(c), Notice of Hearing Before General
Magistrate;
(25) 12.928, Cover Sheet for Family Court Cases;
(26) 12.930(a), Notice of Service of Standard Family Law
Interrogatories;
(27) 12.930(b), Standard Family Law Interrogatories for
Original or Enforcement Proceedings;
(28) 12.930(c), Standard Family Law Interrogatories for
Modification Proceedings;
(29) 12.930(d), Notice of Service of Answers to Standard
Family Law Interrogatories;
(30) 12.932, Certificate of Compliance with Mandatory
Disclosure;
(31) 12.975, Notice of Compliance When Constitutional
Challenge is Brought;
(32) 12.984(a), Order of Referral to Parenting
Coordinator;
(33) 12.984(b), Response by Parenting Coordinator;
(34) 12.984(c), Parenting Coordinator Report of an
Emergency;
(35) 12.984(d), Parenting Coordinator Request for Status
Conference;
(36) 12.990(a), Final Judgment of Simplified Dissolution
of Marriage;
(37) 12.996(a), Income Deduction Order (Non-Title IV-D);
(38) 12.996(b), Notice to Payor;
(39) 12.996(c), Notice of Filing Return Receipt;
(40) 12.996(d), Florida Addendum to Income
Withholding Order; and
(41) 12.999, Final Disposition Form.
(b) Other Family Law Forms. All additional Supreme Court
approved forms shall be adopted by opinion of the Supreme Court
of Florida and outside of the rulemaking procedures required by
rule 2.140. These forms shall be designated “Florida Supreme Court
Approved Family Law Forms.”
Commentary
2000 Adoption. To help the many people in family law court
cases who do not have attorneys to represent them (pro se litigants),
the Florida Supreme Court added simplified forms and directions to
the Florida Family Law Rules of Procedure when adopting the rules
in 1995. These forms initially had been adopted by the Court in In
re Family Law Rules of Procedure , 663 So.2d 1049 (Fla. 1995); In re
Petition for Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules
Regulating the Florida Bar—Stepparent Adoption Forms , 613 So.2d
900 (Fla. 1992), and Rules Regulating The Florida Bar—Approval of
Forms , 581 So.2d 902 (Fla. 1991).
In 1997, in an effort to fulfill the spirit of the Court’s directives
to simplify the process of litigation in family law matters, the Family
Court Steering Committee completely revised the existing forms and
added new forms and instructions. The rules and forms then
constituted more than 500 pages.
Subdivision (b) of this rule was adopted in recognition that the
forms would require continuous updating and that the rulemaking
process was too cumbersome for such an undertaking.
2009 Amendment. In 2009, Subdivision (a)(20) was adopted
to require the filing of a Cover Sheet for Family Court Cases, Form
12.928, in every proceeding to which the Florida Family Law Rules
of Procedure apply and to require the Family Law Rules Committee
to be responsible for proposing amendments as necessary.
RULE 12.020. DEFINITIONS
For definitions of family law terms found in these rules, refer
to the Family Law Glossary of Common Terms and Definitions
contained in the General Information for Self-Represented Litigants
located at www.flcourts.org.
RULE 12.025 APPLICABILITY OF RULES OF GENERAL
PRACTICE AND JUDICIAL ADMINISTRATION
(a) Electronic Filing. Florida Rules of General Practice and
Judicial Administration 2.520 and 2.525 are applicable in all family
law matters except as otherwise provided in these rules.
(b) Exceptions. Any document filed pursuant to any
proceeding under Chapter 63, Florida Statutes, which may be relied
upon by the court to terminate parental rights, including consent
for adoption or affidavit of nonpaternity, shall be exempt from the
requirements of Rule of General Practice and Judicial
Administration 2.525(c).
RULE 12.030. VERIFICATION OF PLEADINGS
Except as otherwise provided in these rules, verification of
pleadings shall be governed by the Florida Rules of General Practice
and Judicial Administration or applicable statute.
RULE 12.040. ATTORNEYS
(a) Limited Appearance. An attorney of record for a party,
in a family law matter governed by these rules, shall be the attorney
of record throughout the same family law matter, unless at the time
of appearance the attorney files a notice, signed by the party,
specifically limiting the attorney’s appearance only to the particular
proceeding or matter in which the attorney appears.
(b) Withdrawal or Limiting Appearance.
(1) Prior to the completion of a family law matter or
prior to the completion of a limited appearance, an attorney of
record, with approval of the court, may withdraw or partially
withdraw, thereby limiting the scope of the attorney’s original
appearance to a particular proceeding or matter. A motion setting
forth the reasons must be filed with the court and served upon the
client and interested persons.
(2) The attorney shall remain attorney of record until
such time as the court enters an order, except as set forth in
subdivision (c) below.
(c) Scope of Representation.
(1) If an attorney appears of record for a particular
limited proceeding or matter, as provided by this rule, that attorney
shall be deemed “of record” for only that particular proceeding or
matter. Any notice of limited appearance filed shall include the
name, address, e-mail address(es), and telephone number of the
attorney and the name, address, and telephone number of the
party. If the party designates e-mail address(es) for service on and
by that party, the party’s e-mail address(es) shall also be included.
At the conclusion of such proceeding or matter, the attorney’s role
terminates without the necessity of leave of court, upon the
attorney filing a notice of completion of limited appearance. The
notice, which shall be titled “Termination of Limited Appearance,”
shall include the names and last known addresses of the person(s)
represented by the withdrawing attorney.
(2) An attorney for the State’s Title IV-D child support
enforcement agency who appears in a family law matter governed
by these rules shall file a notice informing the recipient of Title IV-D
services and other parties to the case that the IV-D attorney
represents only the Title IV-D agency and not the recipient of IV-D
services. The notice must state that the IV-D attorney may only
address issues concerning determination of paternity, and
establishment, modification, and enforcement of support
obligations. The notice may be incorporated into a pleading, motion,
or other document filed with the court when the attorney first
appears.
(d) Preparation of Pleadings or Other Documents. A party
who files a pleading or other document of record pro se with the
assistance of an attorney shall certify that the party has received
assistance from an attorney in the preparation of the pleading or
other document. The name, address, and telephone number of the
party shall appear on all pleadings or other documents filed with
the court. If the party designates e-mail address(es) for service on
and by that party, the party’s e-mail address(es) shall also be
included.
(e) Notice of Limited Appearance. Any pleading or other
document filed by a limited appearance attorney shall state in bold
type on the signature page of that pleading or other document:
“Attorney for [Petitioner] [Respondent] [attorney’s address, e-mail
address(es), and telephone number] for the limited purpose of
[matter or proceeding]” to be followed by the name of the petitioner
or respondent represented and the current address and telephone
number of that party. If the party designates e-mail address(es) for
service on and by that party, the party’s e-mail address(es) shall
also be included.
(f) Service. During the attorney’s limited appearance, all
pleadings or other documents and all notices of hearing shall be
served upon both the attorney and the party. If the attorney
receives notice of a hearing that is not within the scope of the
limited representation, the attorney shall notify the court and the
opposing party that the attorney will not attend the court
proceeding or hearing because it is outside the scope of the
representation.
Committee Notes
2012 Amendment. Subdivisions (c), (d), and (e) are amended
to provide e-mail addresses in accordance with Florida Rule of
Judicial Administration 2.516.
RULE 12.050. WHEN ACTION COMMENCED
Every family law matter shall be deemed commenced when the
petition is filed, except that ancillary proceedings shall be deemed
commenced when the writ is issued or the pleading setting forth the
claim of the party initiating the action is filed.
RULE 12.060. TRANSFERS OF ACTIONS
(a) Transfers of Courts. If it should appear at any time that
an action is pending in the wrong court of any county, it may be
transferred to the proper court within the county by the same
method as provided by Florida law.
(b) Wrong Venue. When any action is filed placing venue in
the wrong county, the court may transfer the action in the manner
provided by Florida law to the proper court in any county in which
it might have been brought in accordance with the venue statutes.
When the venue might have been placed in 2 or more counties, the
person bringing the action may select the county to which the
action is transferred. If no such selection is made, the matter shall
be determined by the court.
(c) Method. The service charge of the clerk of the court to
which an action is transferred under this rule must be paid by the
party who commenced the action within 30 days from the date the
order of transfer is entered, subject to taxation as provided by law
when the action is determined. If the service charge is not paid
within the 30 days, the action must be dismissed without prejudice
by the court that entered the order of transfer.
RULE 12.070. PROCESS
(a) Issuance of Summons.
(1) In General. The summons or other process
authorized by law must be issued and delivered for service
immediately on the commencement of the action, including
proceedings to modify a final judgment, by the clerk or judge under
the clerk’s or the judge’s signature and the seal of the court.
(2) Contents of Summons. All summons in family law
matters must be patterned after Florida Family Law Rules of
Procedure Form 12.910(a) and must specifically contain the
following language:
WARNING: Rule 12.285, Florida Family Law
Rules of Procedure, requires certain automatic
disclosure of documents and information.
Failure to comply can result in sanctions,
including dismissal or striking of pleadings.
(b) Service; By Whom Made. Service of process may be
made by an officer authorized by law to serve process, but the court
may appoint any competent person not interested in the action to
serve the process. When so appointed, the person serving process
must make proof of service by affidavit promptly and within the
time during which the person served must respond to the process.
Failure to make proof of service will not affect the validity of the
service. When any process is returned not executed or returned
improperly executed for any respondent, the party causing its
issuance must be entitled to additional process against the
unserved party as is required to effect service.
(c) Service; Numerous Respondents. If there is more than
1 respondent, the clerk or judge must issue as many writs of
process against the respondents as may be directed by the
petitioner or the petitioner’s attorney.
(d) Service by Publication. Service of process by
publication may be made as provided by statute.
(e) Constructive Service.
(1) For constructive service of process on the legal
father in any case or proceeding to establish paternity which would
result in termination of the legal father’s parental rights, the
petitioner must file an affidavit of diligent search and inquiry that
conforms with Florida Family Law Rules of Procedure Form
12.913(c). If the legal father cannot be located, he must be served
with process by publication in the manner provided by chapter 49,
Florida Statutes. The notice must be published in the county where
the legal father was last known to have resided. The clerk of the
circuit court must mail a copy of the notice to the legal father at his
last known address.
(2) For constructive service of process in any case or
proceeding involving parental responsibility, custody, or time-
sharing with a minor child, the petitioner must file an affidavit of
diligent search and inquiry that conforms with Florida Family Law
Rules of Procedure Form 12.913(b). If the responding party cannot
be located, the party must be served with process by publication in
the manner provided by chapter 49, Florida Statutes. The clerk of
the circuit court must mail a copy of the notice to the party’s last
known address.
(3) For constructive service of process in all other
cases, an affidavit of diligent search and inquiry in substantial
conformity with Florida Family Law Rules of Procedure Form
12.913(b), must be filed.
(f) Domestic, Repeat, Dating, and Sexual Violence, and
Stalking Proceedings. This rule does not govern service of process
in proceedings for injunctions for protection against domestic,
repeat, dating, and sexual violence, and stalking.
(g) Copies of Initial Pleading for Persons Served. At the
time of personal service of process a copy of the initial pleading
must be delivered to the party on whom service is made. The date
and hour of service must be endorsed on the original process and
all copies of it by the person making the service. The party seeking
to effect personal service must furnish the person making service
with the necessary copies. When the service is made by publication,
copies of the initial pleadings must be furnished to the clerk and
mailed by the clerk with the notice of action to all parties whose
addresses are stated in the initial pleading or sworn statement.
(h) Service of Orders. If personal service of a court order is
to be made, the original order must be filed with the clerk, who
must certify or verify a copy of it without charge. The person
making service must use the certified copy instead of the original
order in the same manner as original process in making service.
(i) Fees; Service of Pleadings. The statutory compensation
for making service cannot be increased by the simultaneous
delivery or mailing of the copy of the initial pleading in conformity
with this rule.
(j) Pleading Basis. When service of process is to be made
under statutes authorizing service on nonresidents of Florida, it is
sufficient to plead the basis for service in the language of the
statute without pleading the facts supporting service.
(k) Service of Process by Mail. A respondent may accept
service of process by mail.
(1) Acceptance of service of a petition by mail does not
waive any objection to the venue or to the jurisdiction of the court
over the person of the respondent.
(2) A petitioner may notify any respondent of the
commencement of the action and request that the respondent waive
service of a summons. The notice and request must:
(A) be in writing and be addressed directly to the
respondent, if an individual, or to an officer or managing or general
agent of the respondent, or other agent authorized by appointment
or law to receive service of process;
(B) be dispatched by certified mail, return receipt
requested;
(C) be accompanied by a copy of the petition and
must identify the court in which it has been filed;
(D) inform the respondent of the consequences of
compliance and of failure to comply with the request;
(E) state the date on which the request is sent;
(F) allow the respondent 20 days from the date on
which the request is received to return the waiver, or, if the address
of the respondent is outside of the United States, 30 days from the
date on which it is received to return the waiver; and
(G) provide the respondent with an extra copy of
the notice and request, including the waiver, as well as a prepaid
means of compliance in writing.
(3) If a respondent fails to comply with a request for
waiver within the time provided herein, the court may impose the
costs subsequently incurred in effecting service on the respondent
unless good cause for the failure is shown.
(4) A respondent who, before being served with process,
timely returns a waiver so requested is not required to respond to
the petition until 60 days after the date the respondent received the
request for waiver of service. For purposes of computing any time
prescribed or allowed by these rules, service of process will be
deemed effected 20 days before the time required to respond to the
petition.
(5) When the petitioner files a waiver of service with the
court, the action must proceed, except as provided in subdivision
(k)(4) above, as if a summons and petition had been served at the
time of filing the waiver, and no further proof of service shall be
required.
(l) Summons; Time Limit. If service of process on an initial
or supplemental pleading is not made on a respondent within 120
days after filing of the pleading directed to that respondent, the
court, on its own initiative after notice or on motion, must direct
that service be effected within a specified time or must dismiss the
action without prejudice or drop that respondent as a party. If the
petitioner shows good cause or excusable neglect for the failure, the
court may extend the time for service for an appropriate period.
When a motion for leave to amend with the attached proposed
amended petition is filed, the 120-day period for service of amended
petitions on the new party or parties begins on the entry of an order
granting leave to amend. A dismissal under this subdivision is not
considered a voluntary dismissal and does not operate as an
adjudication on the merits under rule 12.420(a)(1).
RULE 12.071. CONSTITUTIONAL CHALLENGE TO STATE
STATUTE OR COUNTY OR MUNICIPAL
CHARTER, ORDINANCE, OR FRANCHISE;
NOTICE BY PARTY.
A party that files a pleading, written motion, or other
document drawing into question the constitutionality of a state
statute or a county or municipal charter, ordinance, or franchise
must promptly
(a) file a notice of constitutional question stating the
question and identifying the document that raises it; and
(b) serve the notice and the pleading, written motion, or
other document drawing into question the constitutionality of a
state statute or a county or municipal charter, ordinance, or
franchise on the Attorney General or the state attorney of the
judicial circuit in which the action is pending, by either certified or
registered mail.
Service of the notice and pleading, written motion, or other
document does not require joinder of the Attorney General or the
state attorney as a party to the action.
RULE 12.080. SERVICE OF PLEADINGS AND FILING OF
DOCUMENTS
(a) Service.
(1) Family Law Actions Generally. Every pleading
subsequent to the initial pleading and every other document filed or
required by statute or rule to be served must be served in
conformity with the requirements of Florida Rule of General Practice
and Judicial Administration 2.516.
(2) Domestic, Repeat, Dating, and Sexual Violence, and
Stalking Actions. Service of pleadings and documents regarding
proceedings for injunctions against domestic, repeat, dating, and
sexual violence, and stalking is governed by rule 12.610, where it is
in conflict with this rule.
(3) Limited Appearance. Florida Rule of General
Practice and Judicial Administration 2.516 also applies to service
on the party during the attorney’s limited appearance as provided in
rule 12.040(f) and must be expanded as set forth in subdivisions (b)
and (c) to include additional requirements for service of
recommended orders and for service on defaulted parties.
(b) Service and Preparation of Orders and Judgments. A
copy of all orders or judgments involving family law matters, except
proceedings for injunctions for protection against domestic, repeat,
dating, and sexual violence, and stalking, must be transmitted by
the court or under its direction to all parties at the time of entry of
the order or judgment. The court may require that recommended
orders, orders, or judgments be prepared by a party. If the court
requires that a party prepare the recommended order, order, or
judgment, the party must furnish the court with stamped,
addressed envelopes to all parties for service of the recommended
order, order, or judgment. The court may also require that any
proposed recommended order, order, or judgment that is prepared
by a party be furnished to all parties no less than 24 hours before
submission to the court of the recommended order, order, or
judgment.
(c) Defaulted Parties. No service need be made on parties
against whom a default has been entered, except that:
(1) Pleadings asserting new or additional claims against
defaulted parties must be served in the manner provided for service
of summons contained in rule 12.070.
(2) Notice of final hearings or trials and court orders
must be served on defaulted parties in the manner provided for
service of pleadings and documents contained in Florida Rule of
Judicial Administration 2.516.
(3) Final judgments must be served on defaulted
parties as set forth in Florida Rule of Judicial Administration
2.516(h).
Commentary
1995 Adoption. This rule provides that the procedure for
service shall be as set forth in Florida Rule of Civil Procedure 1.080
with the following exceptions or additions to that rule. First,
subdivision (b) corresponds to and replaces subdivision (h)(1) of rule
1.080 and expands the rule to include recommended orders.
Second, this rule expands items that must be served on defaulted
parties to ensure that defaulted parties are at least minimally
advised of the progress of the proceedings. This rule is not intended
to require the furnishing of a proposed recommended order,
proposed order, or proposed final judgment to a defaulted party.
Committee Notes
2012 Amendment. Subdivision (a)(1) is amended to provide
for service on the party during the attorney’s limited appearance.
Subdivision[s] (a)(1), (c)(2), and (c)(3) are amended to provide for
service in accordance with Florida Rule of Judicial Administration
2.516.
RULE 12.090. TIME
(a) Computation. Computation of time shall be governed by
Florida Rule of General Practice and Judicial Administration 2.514.
(b) Enlargement. When an act is required or allowed to be
done at or within a specified time by order of court, by these rules,
or by notice given thereunder, for cause shown the court at any
time in its discretion (1) with or without notice, may order the
period enlarged if a request is made before the expiration of the
period originally prescribed or as extended by a previous order, or
(2) on motion made and notice after the expiration of the specified
period, may permit the act to be done when failure to act was the
result of excusable neglect. However, the court may not extend the
time for making a motion for new trial, for rehearing, or to alter or
amend a judgment, making a motion for relief from a judgment
under rule 12.540(b), taking an appeal or filing a petition for
certiorari, or making a motion for a directed verdict.
(c) For Motions. A copy of any written motion which may
not be heard ex parte and a copy of the notice of the hearing on the
written motion must be served a reasonable time before the time
specified for the hearing.
Committee Notes
2012 Amendment. The rule is amended to treat e-mail
service as service by mail for the computation of time in accordance
with Florida Rule of Judicial Administration 2.516(b)(1)(D)(iii).
RULE 12.100. PLEADINGS AND MOTIONS
(a) Pleadings. There must be a petition or, when so
designated by a statute or rule, a complaint, and a response or
answer to it; a response or answer to a counterclaim denominated
as such; an answer to a crossclaim if the answer contains a
crossclaim; a third-party petition if a person who was not an
original party is summoned as a third-party respondent or
defendant; and a third-party response or answer if a third-party
complaint is served. If a response or answer contains an affirmative
defense and the opposing party seeks to avoid it, the opposing party
shall file a reply containing the avoidance. In a post-judgment case,
there are a supplemental petition and a response or an answer and
a counter-supplemental petition and a response or an answer to it,
if applicable. In those cases in which there is a related civil action
that is not otherwise specifically addressed in the Family Law Rules
of Procedure, then the Rules of Civil Procedure governs those
pleadings. No other pleadings are allowed unless otherwise provided
by law.
(b) Motions. An application to the court for an order must
be by motion which must be made in writing unless made during a
hearing or trial, must state with particularity the grounds therefor,
and must set forth the relief or order sought. The requirement of
writing is fulfilled if the motion is stated in a written notice of the
hearing of the motion. All notices of hearings must specify each
motion or other matter to be heard.
(c) Caption.
(1) Trial level nomenclature used in the caption should
be simple, clear and constant, regardless of who files a petition,
counter-petition, motion, or a supplemental action. Even upon filing
a supplemental petition or counter-petition, the trial level
nomenclature must remain unchanged. Information as to who files
a pleading or motion should be part of the document rather than in
the caption of the case. Notwithstanding the foregoing, a court, for
good cause shown, may change a caption.
(2) Every pleading, motion, order, judgment, or other
document must have a caption containing the name of the court,
the file number, and except for in rem proceedings, the name of the
first party on each side with an appropriate indication of other
parties, and a designation identifying the party filing it and its
nature or the nature of the order, as the case may be. In any in rem
proceeding, every pleading, motion, order, judgment, or other
document must have a caption containing the name of the court,
the file number, the style “In re” (followed by the name or general
description of the property), and a designation of the person or
entity filing it and its nature or the nature of the order. All
documents filed in the action must be styled in such a manner as
to indicate clearly the subject matter of the document and the party
requesting or obtaining relief. Specific captions for family law cases
are as follows:
(A) Matters Arising From Dissolution of Marriage.
(i) Original Dissolution of Marriage: In re the
Marriage of .........., Petitioner and .........., Respondent, regardless of
who files first and whether there is a counter-petition.
(ii) Modification of Final Judgment of
Dissolution of Marriage: In the Former Marriage of ..........,
Petitioner, and .........., Respondent, regardless of who files the
supplemental petition and whether there is a supplemental
counter-petition.
(B) Annulment.
(i) Original Annulment: In re the Marriage of
.........., Petitioner and .........., Respondent, regardless of who files
first and whether a counter-petition for annulment or any other
pleading in the alternative for dissolution of marriage is filed.
(ii) Supplemental or Enforcement
Proceedings. The caption must remain the same, regardless of
whether an annulment or a dissolution of marriage was ultimately
granted in the original proceeding.
(C) Support Unconnected With Dissolution of
Marriage: In re the Marriage of .........., Petitioner and ..........,
Respondent, regardless of whether there is a counter-petition.
(D) Paternity.
(i) Original Paternity Proceeding when
Paternity is not Admitted Before Filing: .........., Petitioner, and
.........., Respondent, regardless of whether there is a counter-
petition.
(ii) Original Paternity Proceedings when
Paternity has been Admitted Before Filing: .........., Petitioner, and
.........., Respondent, regardless of whether there is a counter-
petition.
(iii) Paternity Modification: .........., Petitioner,
and .........., Respondent, regardless of who files the supplemental
petition and whether there is a supplemental counter-petition.
(iv) Disestablishment of Paternity Proceeding:
.........., Petitioner, and .........., Respondent.
(E) Proceedings for Temporary or Concurrent
Custody of Minor Children by Extended Family: In the interest of
.........., Child(ren).
(F) Adoption.
(i) In re: Termination of Parental Rights for
Proposed Adoption of .....(name on child’s birth certificate).....,
Minor Child(ren).
(ii) In re: Adoption of .....(name to be given
child(ren))....., Adoptee(s).
(iii) Stepparent Adoption Proceedings: In re:
the Adoption of .....(name to be given child(ren))....., Adoptee(s).
(G) Proceedings for Emancipation of a Minor: In re:
Emancipation of .........., Minor.
(H) Title IV-D Cases: State, Dept. of Revenue,
Child Support Program ex rel. .........., Petitioner, and ..........,
Respondent.
(3) A cover sheet for family court cases (form 12.928)
must be completed and filed with the clerk at the time a complaint
or petition is filed by the party initiating the action. If the cover
sheet is not filed, the clerk must accept the complaint or petition for
filing; but all proceedings in the action must be abated until a
properly executed cover sheet is completed and filed. The clerk
must complete the cover sheet for a party appearing pro se.
(4) A final disposition form (form 12.999) must be filed
with the clerk at the time of the filing of the order or judgment
which disposes of the action. If the action is settled without a court
order or judgment being entered, or dismissed by the parties, the
plaintiff or petitioner must immediately file a final disposition form
with the clerk. The clerk must complete the final disposition form
for a party appearing pro se, or when the action is dismissed by
court order for lack of prosecution under rule 12.420(d).
(d) Notice of Related Cases. A notice of related cases, form
12.900(h), must be filed in conformity with Florida Rule of General
Practice and Judicial Administration 2.545(d).
Commentary
1995 Adoption. This rule provides that pleadings and
motions are to be governed by Florida Rule of Civil Procedure 1.100.
The cover sheets and disposition forms described in that rule shall
be the same cover sheets and disposition forms used in family law
proceedings.
Court Commentary
2022 Amendments. This rule is amended to clarify that trial
level nomenclature should be simple, clear, and constant even upon
the filing of a post-judgment motion or supplemental action, unless
there has been a judicial determination of good cause shown.
RULE 12.105. SIMPLIFIED DISSOLUTION PROCEDURE
(a) Requirements for Use. The parties to the dissolution
may file a petition for simplified dissolution if they certify under
oath that
(1) the parties do not have any minor or dependent
children together, the wife does not have any minor or dependent
children who were born during the marriage, and the wife is not
now pregnant;
(2) the parties have made a satisfactory division of their
property and have agreed as to payment of their joint obligations;
and
(3) the other facts set forth in Florida Family Law Rules
of Procedure Form 12.901(a) (Petition for Simplified Dissolution of
Marriage) are true.
(b) Consideration by Court. The clerk shall submit the
petition to the court. The court shall consider the cause
expeditiously. The parties shall appear before the court in every
case and, if the court so directs, testify. The court, after
examination of the petition and personal appearance of the parties,
shall enter a judgment granting the dissolution (Florida Family Law
Rules of Procedure Form 12.990(a)) if the requirements of this rule
have been established and there has been compliance with the
waiting period required by statute.
(c) Final Judgment. Upon the entry of the judgment, the
clerk shall furnish to each party a certified copy of the final
judgment of dissolution, which shall be in substantially the form
provided in Florida Family Law Rules of Procedure Form 12.990(a).
(d) Forms. The clerk or family law intake personnel shall
provide forms for the parties whose circumstances meet the
requirements of this rule and shall assist in the preparation of the
petition for dissolution and other papers to be filed in the action.
Commentary
1995 Adoption. This rule was previously contained in Florida
Rule of Civil Procedure 1.611, which included several unrelated
issues. Those issues are now governed by separate family law rules
for automatic disclosure, central governmental depository, and this
rule for simplified dissolution procedure. Under this rule, the
parties must file a financial affidavit (Florida Family Law Rules of
Procedure Form 12.902(b) or 12.902(c)), depending on their income
and expenses) and a marital settlement agreement (Florida Family
Law Rules of Procedure Form 12.902(f)(3)).
RULE 12.110. GENERAL RULES OF PLEADING
(a) Forms of Pleadings. Forms of action and technical forms
for seeking relief and of pleas, pleadings, or motions are abolished.
(b) Claims for Relief. A pleading which sets forth a claim for
relief, whether an original petition, counterpetition, counterclaim,
crossclaim, or third-party claim, must state a cause of action and
must contain
(1) a short and plain statement of the grounds on
which the court’s jurisdiction depends, unless the court already has
jurisdiction and the pleading needs no new grounds of jurisdiction
to support it,
(2) a short and plain statement of both the relief
requested and the ultimate facts showing that the pleader is
entitled to that relief, and
(3) a demand for judgment for the relief to which the
pleader deems himself or herself entitled.
Relief in the alternative or of several different types may be
demanded. Every petition shall be considered to pray for general
relief.
(c) The Answer. In the answer a pleader must state in short
and plain terms the pleader’s answers to each claim asserted and
must admit or deny the allegations on which the adverse party
relies. If the pleader is without knowledge, he or she must so state
and such statement operates as a denial. Denial must fairly meet
the substance of the allegations denied. When a pleader intends in
good faith to deny only a part of an allegation, the pleader must
specify so much of it as is true and must deny the remainder.
Unless the pleader intends in good faith to controvert all of the
allegations of the preceding pleading, the pleader may make denials
as specific denials of designated allegations or may generally deny
all of the allegations except such designated allegations as the
pleader expressly admits. However, when the pleader does so intend
to controvert all of its allegations, including allegations of the
grounds on which the court’s jurisdiction depends, the pleader may
do so by general denial.
(d) Affirmative Defenses. In the answer a party must state
affirmatively any matter constituting an avoidance or affirmative
defense or any other affirmative defense as allowed by law. When a
party has mistakenly designated a defense as a counterclaim or a
counterclaim as a defense, the court, on terms if justice so requires,
must treat the pleading as if there had been a proper designation.
Affirmative defenses appearing on the face of a prior pleading may
be asserted as grounds for a motion or defense under rule 12.140,
provided this shall not limit amendments under rule 12.190 even if
such grounds are sustained.
(e) Effect of Failure to Deny. Allegations in a pleading to
which a responsive pleading is required, other than those as to the
relief requested, are admitted when not denied in the responsive
pleading. Allegations in a pleading to which no responsive pleading
is required or permitted must be taken as denied or avoided.
(f) Separate Statements. All allegations of claim or defense
must be made in consecutively numbered paragraphs, the contents
of each of which must be limited as far as practicable to a
statement of a single set of circumstances, and a paragraph may be
referred to by number in all subsequent pleadings. Each claim
founded upon a separate transaction or occurrence and each
defense other than denials must be stated in a separate count or
response when a separation facilitates the clear presentation of the
matter set forth.
(g) Joinder of Causes of Action; Consistency. A pleader
may set up in the same action as many claims or causes of action
or defenses in the same right as the pleader has, and claims for
relief may be stated in the alternative if separate items make up the
cause of action, or if 2 or more causes of action are joined. A party
may also set forth 2 or more statements of a claim or defense
alternatively, either in 1 count or defense or in separate counts or
defenses. When 2 or more statements are made in the alternative
and 1 of them, if made independently, would be sufficient, the
pleading is not made insufficient by the insufficiency of 1 or more of
the alternative statements. A party may also state as many separate
claims or defenses as that party has, regardless of consistency and
whether based on legal or equitable grounds or both. All pleadings
must be construed so as to do substantial justice.
(h) Subsequent Pleadings . When the nature of an action
permits pleadings subsequent to final judgment and the jurisdiction
of the court over the parties has not terminated, the initial pleading
subsequent to final judgment must be designated a supplemental
petition. The action must then proceed in the same manner and
time as though the supplemental petition were the initial pleading
in the action, including the issuance of any needed process.
Proceedings to modify a final judgment must be initiated only under
this subdivision and not by motion. This subdivision does not apply
to proceedings that may be initiated by motion under these rules.
Commentary
1995 Adoption. This rule clarifies that final judgment
modifications must be initiated pursuant to a supplemental petition
as set forth in rule 1.110(h), rather than through a motion. Rule
1.110(h) is to be interpreted to require service of process on a
supplemental petition as set forth in Florida Family Law Rule of
Procedure 12.070.
RULE 12.120. PLEADING SPECIAL MATTERS
(a) Capacity. Unless required by statute, it is not necessary
to allege the capacity of a party to sue or be sued, the authority of a
party to sue or be sued in a representative capacity, or the legal
existence of an organized association of persons that is made a
party, except to the extent required to show the jurisdiction of the
court. The initial pleading served on behalf of a minor party must
specifically allege the age of the minor party. When a party desires
to raise an issue as to the legal existence of any party, the capacity
of any party to sue or be sued, or the authority of a party to sue or
be sued in a representative capacity, that party must do so by
specific negative allegation(s) which must include such supporting
particulars as are peculiarly within the pleader’s knowledge.
(b) Fraud; Mistake; Condition of the Mind. In all
allegations of fraud or mistake, the circumstances constituting
fraud or mistake must be stated with such particularity as the
circumstances may permit. Malice, intent, knowledge, mental
attitude, and other condition of mind of a person may be alleged
generally.
(c) Conditions Precedent. In pleading the performance or
occurrence of conditions precedent, it is sufficient to allege
generally that all conditions precedent have been performed or have
occurred. A denial of performance or occurrence must be made
specifically and with particularity.
(d) Official Document or Act . In pleading an official
document or official act it is sufficient to allege that the document
was issued or the act done in compliance with law.
(e) Judgment or Decree. In pleading a judgment or decree
of a domestic or foreign court, a judicial or quasi-judicial tribunal,
or a board or officer, it is sufficient to allege the judgment or decree
without setting forth matter showing jurisdiction to render it.
(f) Time and Place. For the purpose of testing the
sufficiency of a pleading, allegations of time and place are material
and must be considered like all other allegations of material matter.
(g) Special Damage. When items of special damage are
claimed, they must be specifically stated.
RULE 12.130. DOCUMENTS SUPPORTING ACTION OR
DEFENSE
(a) Documents Attached. If it is essential to state a cause of
action, or otherwise required by law, documents or a copy, when
otherwise required, or the relevant portions of the documents must
be incorporated in or attached to the pleadings.
(b) Part for All Purposes. Any exhibit attached to a
pleading must be considered part of the pleading. Statements in a
pleading may be adopted by reference in a different part of the same
pleading, in another pleading, or in any motion.
(c) Protection of Account and Personal Identifying
Numbers. Any reference in any pleading or exhibit filed with the
court to account numbers, social security numbers, employee
identification numbers, driver’s license numbers, passport
numbers, or other personal identifying information must be
presented as provided in Florida Rule of General Practice and
Judicial Administration 2.425.
RULE 12.140. RESPONSES
(a) When Presented.
(1) Unless a different time is prescribed in a statute of
Florida, a respondent must serve a response within 20 days after
service of original process and the initial pleading on the
respondent, or not later than the date fixed in a notice by
publication. The petitioner must serve a response to a
counterpetition within 20 days after service of the counterpetition. If
a reply is required, the reply must be served within 20 days after
service of the response. A party served with a pleading stating a
crosspetition against that party must serve a response to it within
20 days after service on that party.
(2) The service of a motion under this rule, except a
motion for judgment on the pleadings or a motion to strike under
subdivision (f), alters these periods of time so that if the court
denies the motion or postpones its disposition until the trial on the
merits, the responsive pleadings must be served within 10 days
after notice of the court’s action or, if the court grants a motion for
a more definite statement, the responsive pleadings must be served
within 10 days after service of the more definite statement unless a
different time is fixed by the court in either case.
(3) If the court permits or requires an amended or
responsive pleading or a more definite statement, the pleading or
statement must be served within 10 days after notice of the court’s
action. Responses to the pleadings or statements must be served
within 10 days of service of such pleadings or statements.
(b) How Presented. Every defense in law or fact to a claim
for relief in a pleading must be asserted in the responsive pleading,
if one is required, but the following responses may be made by
motion at the option of the pleader:
(1) lack of jurisdiction over the subject matter;
(2) lack of jurisdiction over the person;
(3) improper venue;
(4) insufficiency of process;
(5) insufficiency of service of process;
(6) failure to state a cause of action; and
(7) failure to join indispensable parties.
A motion making any of these responses must be made before
pleading if a further pleading is permitted. The grounds on which
any of the enumerated responses are based and the substantial
matters of law intended to be argued must be stated specifically and
with particularity in the responsive pleading or motion. Any ground
not stated must be deemed to be waived except any ground showing
that the court lacks jurisdiction of the subject matter may be made
at any time. No response or objection is waived by being joined with
other responses or objections in a responsive pleading or motion. If
a pleading sets forth a claim for relief to which the adverse party is
not required to serve a responsive pleading, the adverse party may
assert any defense in law or fact to that claim for relief at the trial,
except that the objection of failure to state a legal defense in an
answer or reply must be asserted by motion to strike the defense
within 20 days after service of the answer or reply.
(c) Motion for Judgment on the Pleadings. After the
pleadings are closed, but within such time as not to delay the trial,
any party may move for judgment on the pleadings.
(d) Preliminary Hearings. The responses in subdivisions
(b)(1)–(b)(7), whether made in a pleading or by motion, and the
motion for judgment in subdivision (c) must be heard and
determined before trial on application of any party unless the court
orders that the hearing and determination will be deferred until the
trial.
(e) Motion for More Definite Statement. If a pleading to
which a responsive pleading is permitted is so vague or ambiguous
that a party cannot reasonably be required to frame a responsive
pleading, that party may move for a more definite statement before
interposing a responsive pleading. The motion must point out the
defects complained of and the details desired. If the motion is
granted and the order of the court is not obeyed within 10 days
after notice of the order or such other time as the court may fix, the
court may strike the pleading to which the motion was directed or
make such order as it deems just.
(f) Motion to Strike. A party may move to strike or the
court may strike redundant, immaterial, impertinent, or scandalous
matter from any pleading at any time.
(g) Consolidation of Responses . A party who makes a
motion under this rule may join with it the other motions herein
provided for and then available to that party. If a party makes a
motion under this rule but omits from it any responses or
objections then available to that party that this rule permits to be
raised by motion, that party shall not thereafter make a motion
based on any of the responses or objections omitted, except as
provided in subdivision (h)(2).
(h) Waiver of Responses.
(1) A party waives all responses and objections that the
party does not present either by motion under subdivisions (b), (e),
or (f) or, if the party has made no motion, in a responsive pleading
except as provided in subdivision (h)(2).
(2) The responses of failure to state a cause of action or
a legal defense or to join an indispensable party may be raised by
motion for judgment on the pleadings or at the trial on the merits in
addition to being raised either in a motion under subdivision (b) or
in the answer or reply. The defense of lack of jurisdiction of the
subject matter may be raised at any time.
RULE 12.150. SHAM PLEADINGS
(a) Motion to Strike. If a party deems any pleading or part
of it filed by another party to be a sham, that party may move to
strike the pleading or part of it before the cause is set for trial and
the court must hear the motion, taking evidence of the respective
parties, and if the motion is sustained, the pleading to which the
motion is directed must be stricken. Default and summary
judgment on the merits may be entered in the discretion of the
court or the court may permit additional pleadings to be filed for
good cause shown.
(b) Contents of Motion. The motion to strike must be
verified and must set forth fully the facts on which the movant
relies and may be supported by affidavit.
RULE 12.160. MOTIONS
All motions for the issuance of process and to enforce and
execute judgments, for entering defaults, and for such other
proceedings in the clerk’s office not requiring an order of court must
be deemed grantable as of course by the clerk. The clerk’s action
may be suspended, altered, or rescinded by the court upon good
cause shown.
RULE 12.170. COUNTERPETITTIONS AND CROSSCLAIMS
(a) Compulsory Counterpetitions. A pleading must state as
a counterpetition any claim which at the time of serving the
pleading the pleader has against any opposing party, provided it
arises out of the transaction or occurrence that is the subject
matter of the opposing party’s claim and does not require for its
adjudication the presence of third parties over whom the court
cannot acquire jurisdiction. But the pleader need not state a claim
if (1) at the time the action was commenced the claim was the
subject of another pending action, or (2) the opposing party brought
suit upon that party’s claim by attachment or other process by
which the court did not acquire jurisdiction to render a personal
judgment on the claim and the pleader is not stating a
counterpetition under this rule.
(b) Permissive Counterpetition. A pleading may state as a
counterpetition any claim against an opposing party not arising out
of the transaction or occurrence that is the subject matter of the
opposing party’s claim.
(c) Counterclaim Exceeding Opposing Claim. A
counterclaim may or may not diminish or defeat the recovery
sought by the opposing party. It may claim relief exceeding in
amount or different in kind from that sought in the pleading of the
opposing party.
(d) Counterclaim Against the State. These rules shall not
be construed to enlarge beyond the limits established by law the
right to assert counterclaims or to claim credits against the state or
any of its subdivisions or other governmental organizations of the
state subject to suit or against a municipal corporation or against
an officer, agency, or administrative board of the state.
(e) Counterclaim Maturing or Acquired after Pleading. A
claim which matured or was acquired by the pleader after serving
the pleading may be presented as a counterpetition by
supplemental pleading with the permission of the court.
(f) Omitted Counterclaim or Crossclaim. When a pleader
fails to set up a counterclaim or crossclaim through oversight,
inadvertence, or excusable neglect, or when justice or equity
requires, the pleader may set up the counterclaim or crossclaim by
amendment with leave of the court.
(g) Crossclaim Against Co-Party. A pleading may state as a
crossclaim any claim by one party against a co-party arising out of
the transaction or occurrence that is the subject matter of either
the original action or a counterclaim within the original action, or
relating to any property that is the subject matter of the original
action. The crossclaim may include a claim that the party against
whom it is asserted is or may be liable to the crossclaimant for all
or part of a claim asserted in the action against the crossclaimant.
Service of a crossclaim on a party who has appeared in the action
must be made under rule 12.080. Service of a crossclaim against a
party who has not appeared in the action must be made in the
manner provided for service of summons.
(h) Additional Parties May Be Brought In. When the
presence of parties other than those to the original action is
required to grant complete relief in the determination of a
counterclaim or crossclaim, they must be named in the
counterpetition or crossclaim and be served with process and will
be parties to the action thereafter if jurisdiction of them can be
obtained and their joinder will not deprive the court of jurisdiction
of the action. Rules 12.250(b) and (c) apply to parties brought in
under this subdivision.
(i) Separate Trials; Separate Judgment. If the court orders
separate trials, a judgment on a counterclaim or crossclaim may be
rendered when the court has jurisdiction to do so even if a claim of
the opposing party has been dismissed or otherwise disposed of.
Committee Notes
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.
RULE 12.180. THIRD-PARTY PRACTICE
(a) When Available. At any time after commencement of the
action a respondent may have a summons and petition served on a
person not a party to the action who is or may be liable to the
respondent for all or part of the petitioner’s claim against the
respondent, and may also assert any other claim that arises out of
the transaction or occurrence that is the subject matter of the
petitioner’s claim. The respondent need not obtain leave of court if
the respondent files the third-party complaint not later than 20
days after the respondent serves the original answer. Otherwise, the
respondent must obtain leave on motion and notice to all parties to
the action. The person served with the summons and third-party
complaint, the third-party respondent, must make defenses to the
respondent’s claim as provided in rules 12.110 and 12.140 and
counterpetitions against the respondent and crossclaims against
other third-party respondents as provided in rule 12.170. The third-
party respondent may assert against the petitioner any defenses
that the respondent has to the petitioner’s claim.
(b) Additional Claims. The third-party respondent may also
assert any claim against the petitioner arising out of the transaction
or occurrence that is the subject matter of the petitioner’s claim
against the respondent. The petitioner may assert any claim against
the third-party respondent arising out of the transaction or
occurrence that is the subject matter of the petitioner’s claim
against the respondent, and the third-party respondent must assert
a defense as provided in rules 12.110 and 12.140 and
counterpetitions and crossclaims as provided in rule 12.170. Any
party may move to strike the third-party claim or for its severance
or separate trial. A third-party respondent may proceed under this
rule against any person not a party to the action who is or may be
liable to the third-party respondent for all or part of the claim made
in the action against the third-party respondent.
(c) When Petitioner May Bring in Third Party. When a
counterpetition is asserted against the petitioner, the petitioner may
bring in a third party under circumstances which would entitle a
respondent to do so under this rule.
RULE 12.190. AMENDED PLEADINGS
(a) Amendments. A party may amend a pleading once as a
matter of course at any time before a responsive pleading is served
or, if the pleading is one to which no responsive pleading is
permitted and the action has not been placed on the trial calendar,
may so amend it at any time within 20 days after it is served.
Otherwise a party may amend a pleading only by leave of court or
by written consent of the adverse party. If a party files a motion to
amend a pleading, the party must attach the proposed amended
pleading to the motion. Leave of court shall be given freely when
justice so requires. A party must plead in response to an amended
pleading within 10 days after service of the amended pleading
unless the court otherwise orders.
(b) Amendments to Conform with the Evidence. When
issues not raised by the pleadings are tried by express or implied
consent of the parties, they will be treated in all respects as if they
had been raised in the pleadings. Such amendment of the pleadings
as may be necessary to cause them to conform to the evidence and
to raise these issues may be made upon motion of any party at any
time, even after judgment, but failure so to amend will not affect the
result of the trial of these issues. If the evidence is objected to at the
trial on the ground that it is not within the issues made by the
pleadings, the court may allow the pleadings to be amended to
conform with the evidence and must do so freely when the merits of
the cause are more effectually presented thereby and the objecting
party fails to satisfy the court that the admission of such evidence
will prejudice the objecting party in maintaining an action or
defense upon the merits.
(c) Relation Back of Amendments. When the claim or
defense asserted in the amended pleading arose out of the conduct,
transaction, or occurrence set forth or attempted to be set forth in
the original pleading, the amendment must relate back to the date
of the original pleading.
(d) Amendments Generally. At any time in furtherance of
justice, upon such terms as may be just, the court may permit any
process, proceeding, pleading, or record to be amended or material
supplemental matter to be set forth in an amended or supplemental
pleading. At every stage of the action the court must disregard any
error or defect in the proceedings that does not affect the
substantial rights of the parties.
RULE 12.200. CASE MANAGEMENT AND PRETRIAL
CONFERENCES
(a) Case Management Conference.
(1) Family Law Proceedings, Generally. A case
management conference may be ordered by the court at any time on
the court’s initiative. A party may request a case management
conference 30 days after service of a petition or complaint. At such
a conference the court may:
(A) schedule or reschedule the service of motions,
pleadings, and other documents;
(B) set or reset the time of trials, subject to rule
12.440;
(C) coordinate the progress of the action if
complex litigation factors are present;
(D) limit, schedule, order, or expedite discovery;
(E) schedule disclosure of expert witnesses and
the discovery of facts known and opinions held by such experts;
(F) schedule or hear motions related to admission
or exclusion of evidence;
(G) pursue the possibilities of settlement;
(H) require filing of preliminary stipulations if
issues can be narrowed;
(I) refer issues to a magistrate for findings of fact,
if consent is obtained as provided in rules 12.490 and 12.492 and if
no significant history of domestic, repeat, dating, or sexual violence,
or stalking that would compromise the process is involved in the
case;
(J) refer the parties to mediation if no significant
history of domestic, repeat, dating, or sexual violence, or stalking
that would compromise the mediation process is involved in the
case and consider allocation of expenses related to the referral; or
refer the parties to counseling if no significant history of domestic,
repeat, dating, or sexual violence or stalking that would
compromise the process is involved in the case and consider
allocation of expenses related to the referral;
(K) coordinate voluntary binding arbitration
consistent with Florida law if no significant history of domestic,
repeat, dating, or sexual violence or stalking that would
compromise the process is involved in the case;
(L) appoint court experts and allocate the
expenses for the appointments;
(M) refer the cause for a parenting plan
recommendation, social investigation and study, home study, or
psychological evaluation and allocate the initial expense for that
study;
(N) appoint an attorney or guardian ad litem for a
minor child or children if required and allocate the expense of the
appointment;
(O) schedule other conferences or determine other
matters that may aid in the disposition of the action; and
(P) consider any agreements, objections, or form
of production of electronically stored information.
(2) Adoption Proceedings. A case management
conference may be ordered by the court within 60 days of the filing
of a petition when:
(A) there is a request for a waiver of consent to a
termination of parental rights of any person required to consent by
section 63.062, Florida Statutes;
(B) notice of the hearing on the petition to
terminate parental rights pending adoption is not being afforded a
person whose consent is required but who has not consented;
(C) there is an objection to venue, which was
made after the waiver of venue was signed;
(D) an intermediary, attorney, or agency is seeking
fees, costs, or other expenses in excess of those provided under
section 63.097 or 63.212(5), Florida Statutes;
(E) an affidavit of diligent search and inquiry is
filed in lieu of personal service under section 63.088(4), Florida
Statutes; or
(F) the court is otherwise aware that any person
having standing objects to the termination of parental rights
pending adoption.
(b) Pretrial Conference. After the action is at issue the
court itself may or must on the timely motion of any party require
the parties to appear for a conference to consider and determine:
(1) proposed stipulations and the simplification of the
issues;
(2) the necessity or desirability of amendments to the
pleadings;
(3) the possibility of obtaining admissions of fact and of
documents that will avoid unnecessary proof;
(4) the limitation of the number of expert witnesses;
and
(5) any matters permitted under subdivision (a).
(c) Notice. Reasonable notice must be given for a case
management conference, and 20 days’ notice must be given for a
pretrial conference. On failure of a party to attend a conference, the
court may dismiss the action, strike the pleadings, limit proof or
witnesses, or take any other appropriate action. Any documents
that the court requires for any conference must be specified in the
order.
(d) Case Management and Pretrial Order. The court shall
make an order reciting the action taken at a conference and any
stipulations made. The order will control the subsequent course of
the action unless modified to prevent injustice.
Commentary
1995 Adoption. This rule addresses issues raised by
decisions such as Dralus v. Dralus , 627 So.2d 505 (Fla. 2d DCA
1993); Wrona v. Wrona , 592 So.2d 694 (Fla. 2d DCA 1991); and
Katz v. Katz , 505 So.2d 25 (Fla. 4th DCA 1987), regarding the cost
of marital litigation. This rule provides an orderly method for the
just, speedy, and inexpensive determination of issues and promotes
amicable resolution of disputes.
This rule replaces and substantially expands Florida Rule of
Civil Procedure 1.200 as it pertained to family law matters. Under
this rule, a court may convene a case management conference at
any time and a party may request a case management conference
30 days after service of a petition or complaint. The court may
consider the following additional items at the conference: motions
related to admission or exclusion of evidence, referral of issues to a
master if consent is obtained pursuant to the rules, referral of the
parties to mediation, referral of the parties to counseling,
coordination of voluntary binding arbitration, appointment of court
experts, referral of the cause for a home study psychological
evaluation, and appointment of an attorney or guardian ad litem for
a minor child.
Committee Note
1997 Amendment. In In re Adoption of Baby E.A.W. , 658
So.2d 961 (Fla. 1995), and other cases involving protracted
adoption litigation, it becomes clear that the earlier the issue of
notice is decided by the court, the earlier the balance of the issues
can be litigated. Because both parents’ constitutional standing and
guarantees of due process require notice and an opportunity to be
heard, this rule amendment will help solve the problems of adoption
litigation lasting until a child’s third, fourth, or even fifth birthday.
Furthermore, this rule will encourage both parents to be more
candid with intermediaries and attorneys involved in the adoption
process.
In E.A.W. , 658 So.2d at 979, Justice Kogan, concurring in part
and dissenting in part, stated: “I personally urge the Family Law
Rules Committee . . . to study possible methods of expediting review
of disputes between biological and adoptive parents.” This rule
expedites resolution of preliminary matters concerning due process
in difficult adoption disputes. This rule also mandates early
consideration of the child’s rights to due process at early stages of
adoption litigation.
Noncompliance with subdivision (a)(2) of this rule shall not
invalidate an otherwise valid adoption.
RULE 12.210. PARTIES
(a) Parties Generally. Every action may be prosecuted in
the name of the real party in interest, but a personal representative,
administrator, guardian, trustee of an express trust, a party with
whom or in whose name a contract has been made for the benefit of
another, or a party expressly authorized by statute may sue in that
person’s own name without joining the party for whose benefit the
action is brought. All persons having an interest in any subject of
the action may be joined. Any person may at any time be made a
party if that person’s presence is necessary or proper for a complete
determination of the cause.
(b) Minors, Incapacitated, or Incompetent Persons. When
a minor, incapacitated, or incompetent person has a representative,
such as a guardian or other like fiduciary, the representative may
appear in the action on behalf of the minor, incapacitated, or
incompetent person. A minor, incapacitated, or incompetent person
who does not have a duly appointed representative may appear by
next friend or by a guardian ad litem. The court shall have the
discretion to appoint a guardian ad litem and/or attorney ad litem
for a minor, incapacitated, or incompetent person not otherwise
represented in an action or shall make such other order as it deems
proper for the protection of the minor, incapacitated, or
incompetent person.
(c) Child as Party. This rule shall not be read to require that
a child is an indispensable party for a dissolution of marriage or
action involving a parenting plan.
RULE 12.230. INTERVENTIONS
Anyone claiming an interest in pending litigation may, at any
time, be permitted to assert a right by intervention, but the
intervention must be in subordination to, and in recognition of, the
propriety of the main proceeding, unless otherwise ordered by the
court in its discretion.
RULE 12.240. INTERPLEADER
Persons having claims against the petitioner may be joined as
parties and required to interplead when their claims are such that
the petitioner is or may be exposed to double or multiple liability. It
is not ground for objection to the joinder that the claim of the
several claimants or the titles on which their claims depend do not
have common origin or are not identical but are adverse to and
independent of one another, or it is alleged that the petitioner is not
liable in whole or in part to any or all of the claimants. A party
exposed to similar liability may obtain such interpleader by way of
crossclaim or counterpetition. The provisions of this rule
supplement and do not in any way limit the joinder of parties
otherwise permitted.
RULE 12.250. MISJOINDER AND NONJOINDER OF PARTIES
(a) Misjoinder. Misjoinder of parties is not a ground for
dismissal of an action. Any claim against a party may be severed
and proceeded with separately.
(b) Dropping Parties. Parties may be dropped by an adverse
party in the manner provided for voluntary dismissal in rule
12.420(a)(1) subject to the exception stated in that rule. If notice of
lis pendens has been filed in the action against a party so dropped,
the notice of dismissal must be recorded and cancels the notice of
lis pendens without the necessity of a court order. Parties may be
dropped by order of court on its own initiative or the motion of any
party at any stage of the action on such terms as are just.
(c) Adding Parties. Parties may be added once as a matter
of course within the same time that pleadings can be so amended
under rule 12.190(a). If amendment by leave of court or stipulation
of the parties is permitted, parties may be added in the amended
pleading without further order of court. Parties may be added by
order of court on its own initiative or on motion of any party at any
stage of the action and on such terms as are just.
RULE 12.260. SURVIVOR; SUBSTITUTION OF PARTIES
(a) Death.
(1) If a party dies and the claim is not thereby
extinguished, the court may order substitution of the proper
parties. The motion for substitution may be made by any party or
by the successors or representatives of the deceased party and,
together with the notice of hearing, must be served on all parties as
provided in rule 12.080 and on persons not parties in the manner
provided for the service of a summons. If a party dies while a
proceeding is pending and that party’s rights survive, the court may
order the substitution of the proper party on its own motion or that
of any interested person.
(2) In the event of the death of one or more of the
petitioners or of one or more of the respondents in an action in
which the right sought to be enforced survives only to the surviving
petitioners or only against the surviving respondents, the action
does not abate. The death shall be suggested on the record and the
action proceeds in favor of or against the surviving parties.
(b) Incapacity. If a party becomes incapacitated, the court
may allow the action to be continued by or against that person’s
representative.
(c) Transfer of Interest. In case of any transfer of interest,
the action may be continued by or against the original party, unless
the court upon motion directs the person to whom the interest is
transferred to be substituted in the action or joined with the
original party. Service of the motion must be made as provided in
subdivision (a).
(d) Public Officers; Death or Separation from Office.
(1) When a public officer is a party to an action in an
official capacity and during its pendency dies, resigns, or otherwise
ceases to hold office, the action does not abate and the officer’s
successor is automatically substituted as a party. Proceedings
following the substitution must be in the name of the substituted
party, but any misnomer not affecting the substantial rights of the
parties must be disregarded. An order of substitution may be
entered at any time, but the omission to enter such an order does
not affect the substitution.
(2) When a public officer sues or is sued in an official
capacity, the officer may be described as a party by the official title
rather than by name but the court may require the officer’s name to
be added.
RULE 12.270. CONSOLIDATION; SEPARATE TRIALS
Related cases and consolidation of cases are governed by
Florida Rule of General Practice and Judicial Administration 2.545.
RULE 12.271. CONFIDENTIALITY OF RELATED FAMILY
HEARINGS
(a) Confidentiality of Coordinated or Joint Hearings.
When related family cases are coordinated or joint hearings
ordered, any hearings or proceedings involving more than one
related family case are subject to the applicable state and federal
confidentiality statutes pertaining to each case as if heard
separately.
(b) No Waiver. The confidentiality of a case or issue is not
waived by coordination or a joint hearing.
RULE 12.280. GENERAL PROVISIONS GOVERNING DISCOVERY
(a) Discovery Methods. Parties may obtain discovery by 1
or more of the following methods: depositions on oral examination
or written questions; written interrogatories; production of
documents or things or permission to enter on land or other
property for inspection and other purposes; physical and mental
examinations; and requests for admission. Unless the court orders
otherwise and under subdivision (d), the frequency of use of these
methods is not limited, except as provided in rules 12.200, 12.340,
and 12.370.
(b) Redaction of Personal Information. All filings of
discovery information with the clerk of court must comply with
Florida Rule of General Practice and Judicial Administration 2.425.
This does not apply to discovery information not filed with the clerk
of court. The court has the authority to impose sanctions for
violation of this rule.
(c) Scope of Discovery. Unless otherwise limited by order of
the court in accordance with these rules, the scope of discovery is
as follows.
(1) In General. Parties may obtain discovery regarding
any matter, not privileged, that is relevant to the subject matter of
the pending action, whether it relates to the claim or defense of the
party seeking discovery or the claim or defense of any other party,
including the existence, description, nature, custody, condition, and
location of any books, documents, or other tangible things and the
identity and location of persons having knowledge of any
discoverable matter. It is not grounds for objection that the
information sought will be inadmissible at the trial if the
information sought appears reasonably calculated to lead to the
discovery of admissible evidence.
(2) Indemnity Agreements. A party may obtain discovery
of the existence and contents of any agreement under which any
person may be liable to satisfy part or all of a judgment that may be
entered in the action or to indemnify or to reimburse a party for
payments made to satisfy the judgment.
(3) Electronically Stored Information. A party may obtain
discovery of electronically stored information in accordance with
these rules.
(4) Trial Preparation: Materials. Subject to the
provisions of subdivision (c)(5), a party may obtain discovery of
documents and tangible things otherwise discoverable under
subdivision (c)(1) and prepared in anticipation of litigation or for
trial by or for another party or by or for that party’s representative,
including that party’s attorney, consultant, or agent, only on a
showing that the party seeking discovery has need of the materials
in the preparation of the case and is unable without undue
hardship to obtain the substantial equivalent of the materials by
other means. In ordering discovery of the materials when the
required showing has been made, the court must protect against
disclosure of the mental impressions, conclusions, opinions, or
legal theories of an attorney or other representative of a party
concerning the litigation. Without the required showing a party may
obtain a copy of a statement concerning the action or its subject
matter previously made by that party. On request without the
required showing a person not a party may obtain a copy of a
statement concerning the action or its subject matter previously
made by that person. If the request is refused, the person may move
for an order to obtain a copy. The provisions of rule 12.380(a)(4)
apply to the award of expenses incurred as a result of making the
motion. For purposes of this subdivision, a statement previously
made is a written statement signed or otherwise adopted or
approved by the person making it, or a stenographic, mechanical,
electrical, or other recording or transcription of it that is a
substantially verbatim recital of an oral statement by the person
making it and contemporaneously recorded.
(5) Trial Preparation: Experts. Discovery of facts known
and opinions held by experts, otherwise discoverable under the
provisions of subdivision (c)(1) and acquired or developed in
anticipation of litigation or for trial, may be obtained as follows:
(A) (i) By interrogatories a party may require
any other party to identify each person whom the other party
expects to call as an expert witness at trial and to state the subject
matter on which the expert is expected to testify, and to state the
substance of the facts and opinions to which the expert is expected
to testify and a summary of the grounds for each opinion.
(ii) Any person disclosed by interrogatories
or otherwise as a person expected to be called as an expert witness
at trial may be deposed in accordance with rule 12.390 without
motion or order of court.
(iii) A party may obtain the following
discovery regarding any person disclosed by interrogatories or
otherwise as a person expected to be called as an expert witness at
trial:
a. The scope of employment in the
pending case and the compensation for such service.
b. The expert’s general litigation
experience, including the percentage of work performed for
petitioners and respondents.
c. The identity of other cases, within a
reasonable time period, in which the expert has testified by
deposition or at trial.
d. An approximation of the portion of
the expert’s involvement as an expert witness, which may be based
on the number of hours, percentage of hours, or percentage of
earned income derived from serving as an expert witness; however,
the expert must not be required to disclose his or her earnings as
an expert witness or income derived from other services.
An expert may be required to produce financial and
business records only under the most unusual or compelling
circumstances and may not be compelled to compile or produce
nonexistent documents. On motion, the court may order further
discovery by other means, subject to such restrictions as to scope
and other provisions under subdivision (c)(5)(C) concerning fees and
expenses as the court may deem appropriate.
(B) A party may discover facts known or opinions
held by an expert who has been retained or specially employed by
another party in anticipation of litigation or preparation for trial and
who is not expected to be called as a witness at trial, only as
provided in rule 12.360(b) or on a showing of exceptional
circumstances under which it is impracticable for the party seeking
discovery to obtain facts or opinions on the same subject by other
means.
(C) Unless manifest injustice would result, the
court must require that the party seeking discovery pay the expert a
reasonable fee for time spent in responding to discovery under
subdivisions (c)(5)(A) and (c)(5)(B); and concerning discovery from
an expert obtained under subdivision (c)(5)(A) the court may
require, and concerning discovery obtained under subdivision
(c)(5)(B) must require, the party seeking discovery to pay the other
party a fair part of the fees and expenses reasonably incurred by
the latter party in obtaining facts and opinions from the expert.
(D) As used in these rules an expert shall be an
expert witness as defined in rule 12.390.
(6) Claims of Privilege or Protection of Trial Preparation
Materials. When a party withholds information otherwise
discoverable under these rules by claiming that it is privileged or
subject to protection as trial preparation material, the party must
make the claim expressly and must describe the nature of the
documents, communications, or things not produced or disclosed in
a manner that, without revealing information itself privileged or
protected, will enable other parties to assess the applicability of the
privilege or protection.
(d) Protective Orders. On motion by a party or by the
person from whom discovery is sought, and for good cause shown,
the court in which the action is pending may make any order to
protect a party or person from annoyance, embarrassment,
oppression, or undue burden or expense that justice requires,
including one or more of the following:
(1) that the discovery not be had;
(2) that the discovery may be had only on specified
terms and conditions, including a designation of the time or place;
(3) that the discovery may be had only by a method of
discovery other than that selected by the party seeking discovery;
(4) that certain matters not be inquired into, or that the
scope of the discovery be limited to certain matters;
(5) that the discovery be conducted with no one present
except persons designated by the court;
(6) that a deposition after being sealed be opened only
by order of the court;
(7) that a trade secret or other confidential research,
development, or commercial information not be disclosed or be
disclosed only in a designated way; and
(8) that the parties simultaneously file specified
documents or information enclosed in sealed envelopes to be
opened as directed by the court.
If the motion for a protective order is denied in whole or in
part, the court may, on such terms and conditions as are just,
order that any party or person provide or permit discovery. The
provisions of rule 12.380(a)(4) apply to the award of expenses
incurred in relation to the motion.
(e) Limitations on Discovery of Electronically Stored
Information.
(1) A person may object to discovery of electronically
stored information from sources that the person identifies as not
reasonably accessible because of burden or cost. On motion to
compel discovery or for a protective order, the person from whom
the discovery is sought must show that the information sought or
the format requested is not reasonably accessible because of undue
burden or cost. If that showing is made, the court may nonetheless
order the discovery from such sources or in such formats if the
requesting party shows good cause. The court may specify
conditions of the discovery, including ordering that some or all of
the expenses incurred by the person from whom discovery is sought
be paid by the party seeking discovery.
(2) In determining any motion involving discovery of
electronically stored information, the court must limit the frequency
or extent of discovery otherwise allowed by these rules if it
determines that
(A) the discovery sought is unreasonably
cumulative or duplicative, or can be obtained from another source
or in another manner that is more convenient, less burdensome, or
less expensive; or
(B) the burden or expense of the discovery
outweighs its likely benefit, considering the needs of the case, the
amount in controversy, the parties’ resources, the importance of the
issues at stake in the action, and the importance of the discovery in
resolving the issues.
(f) Sequence and Timing of Discovery. Except as provided
in subdivision (c)(5) or unless the court upon motion for the
convenience of parties and witnesses and in the interest of justice
orders otherwise, methods of discovery may be used in any
sequence, and the fact that a party is conducting discovery,
whether by deposition or otherwise, does not delay any other party’s
discovery.
(g) Supplementing of Responses. A party is under a duty to
amend a prior response or disclosure if the party:
(1) obtains information or otherwise determines that
the prior response or disclosure was incorrect when made; or
(2) obtains information or otherwise determines that
the prior response or disclosure, although correct when made, is no
longer materially true or complete.
(h) Time for Serving Supplemental Responses. Any
supplemental response served under this rule must be served as
soon as possible after discovery of the incorrect information or
change, but in no case may the supplemental response be served
later than 24 hours before any applicable hearing absent a showing
of good cause.
(i) Confidentiality of Records. A determination as to the
confidentiality of a court record must be made in accordance with
Florida Rule of General Practice and Judicial Administration 2.420.
Records found to be confidential under Florida Rule of General
Practice and Judicial Administration 2.420 must be sealed on
request of a party.
(j) Court Filing of Documents and Discovery . Information
obtained during discovery must not be filed with the court until
such time as it is filed for good cause. The requirement of good
cause is satisfied only where the filing of the information is allowed
or required by another applicable rule of procedure or by court
order.
(k) Form of Responses to Written Discovery Requests.
When responding to requests for production served under rule
12.310(b)(5), written deposition questions served under rule 12.320,
interrogatories served under rule 12.340, requests for production or
inspection served under rule 12.350, requests for production of
documents or things without deposition served under rule 12.351,
requests for admissions served under rule 12.370, or requests for
the production of documentary evidence served under rule
12.410(c), the responding party must state each deposition
question, interrogatory, or discovery request in full as numbered,
followed by the answer, objection, or other response. Requests must
be arranged so that a blank space is provided after each separately
numbered request. The space must be reasonably sufficient to
enable the responding party to insert the responses within the
space. If sufficient space is not provided, the responding party may
attach additional pages with responses and refer to them in the
space provided in the requests.
Commentary
1995 Adoption. Florida Rule of Civil Procedure 1.280 is to
govern the general discovery provisions in family law matters with
the exceptions set forth above. Subdivision (a) of this rule alters rule
1.280(e) by placing a duty on parties in family law matters to
supplement responses. Under rule 1.280(e), no supplemental
response is required. Subdivisions (b), (c), and (d) of this rule are in
addition to the general requirements of rule 1.280 and have no
counterparts in the Rules of Civil Procedure. Subdivisions (c) and
(d) have been implemented in recognition of the fact that family law
cases often involve sensitive information that should be deemed
confidential under Florida Rule of Judicial Administration 2.051.
For instance, financial records filed may contain information
regarding a family business, which, if public, could provide
competitors with an advantage and adversely affect the family
business.
RULE 12.281. INADVERTENT DISCLOSURE OF PRIVILEGED
MATERIALS
(a) Assertion of Privilege as to Inadvertently Disclosed
Materials. Any party, person, or entity, after inadvertent disclosure
of any materials under these rules, may thereafter assert any
privilege recognized by law as to those materials. This right exists
without regard to whether the disclosure was made under formal
demand or informal request. To assert the privilege, the party,
person, or entity must, within 10 days of actually discovering the
inadvertent disclosure, serve written notice of the assertion of
privilege on the party to whom the materials were disclosed. The
notice must specify with particularity the materials as to which the
privilege is asserted, the nature of the privilege asserted, and the
date on which the inadvertent disclosure was actually discovered.
(b) Duty of the Party Receiving Notice of an Assertion of
Privilege. A party receiving notice of an assertion of privilege under
subdivision (a) must promptly return, sequester, or destroy the
materials specified in the notice, as well as any copies of the
material. The party receiving the notice must also promptly notify
any other party, person, or entity to whom it has disclosed the
materials of the fact that the notice has been served and of the
effect of this rule. That party must also take reasonable steps to
retrieve the materials disclosed. Nothing herein affects any
obligation under Rules Regulating the Florida Bar 4-4.4(b).
(c) Right to Challenge Assertion of Privilege . Any party
receiving a notice made under subdivision (a) has the right to
challenge the assertion of privilege. The grounds for the challenge
may include, but are not limited to, the following:
(1) The materials in question are not privileged.
(2) The disclosing party, person, or entity lacks
standing to assert the privilege.
(3) The disclosing party, person, or entity has failed to
serve timely notice under this rule.
(4) The circumstances surrounding the production or
disclosure of the materials warrant a finding that the disclosing
party, person, or entity has waived its assertion that the material is
protected by a privilege.
Any party seeking to challenge the assertion of privilege must
do so by serving notice of its challenge on the party, person, or
entity asserting the privilege. Notice of the challenge must be served
within 20 days of service of the original notice given by the
disclosing party, person, or entity. The notice of the recipient’s
challenge must specify the grounds for the challenge. Failure to
serve timely notice of challenge is a waiver of the right to challenge.
(d) Effect of Determination that Privilege Applies. When
an order is entered determining that materials are privileged or that
the right to challenge the privilege has been waived, the court must
direct what is to be done with the materials and any copies so as to
preserve all rights of appellate review. The recipient of the materials
must also give prompt notice of the court’s determination to any
other party, person, or entity to whom it had disclosed the
materials.
RULE 12.285. MANDATORY DISCLOSURE
(a) Application.
(1) Scope. This rule applies to all proceedings within
the scope of these rules except proceedings involving adoption,
simplified dissolution, enforcement, contempt, injunctions for
protection against domestic, repeat, dating, or sexual violence, or
stalking, and uncontested dissolutions when the respondent is
served by publication and does not file an answer. Additionally, no
financial affidavit or other documents shall be required under this
rule from a party seeking attorneys’ fees, suit money, or costs, if the
basis for the request is solely under section 57.105, Florida
Statutes, or any successor statute. Except for the provisions as to
child support guidelines worksheets, any portion of this rule may be
modified by order of the court or agreement of the parties.
(2) Original and Duplicate Copies. Unless otherwise
agreed by the parties or ordered by the court, copies of documents
required under this rule may be produced in lieu of originals.
Originals, when available, must be produced for inspection upon
request. Parties shall not be required to serve duplicates of
documents previously served.
(3) Documents Not to be Filed with Court; Sanctions.
(A) Except for the financial affidavit and child
support guidelines worksheet, no documents produced under this
rule shall be filed in the court file without first obtaining a court
order.
(B) References to account numbers and personal
identifying information to be filed in the court file are governed by
Florida Rule of General Practice and Judicial Administration 2.425.
(C) Sanctions are governed by rule 12.380.
(b) Time for Production of Documents.
(1) Temporary Financial Relief Hearings. Any document
required under this rule in any temporary financial relief
proceeding, whether an initial proceeding or supplemental
proceeding, must be served on the other party for inspection and
copying as follows.
(A) Any party seeking relief must serve the
required documents on the other party at least ten days prior to the
temporary financial hearing, unless the documents have already
been served under subdivision (b)(2).
(B) The responding party, if not otherwise seeking
relief, must serve the required documents on the party seeking
relief at least five days prior to the temporary financial hearing,
unless the documents have already been served under subdivision
(b)(2) of this rule.
(2) Initial and Supplemental Proceedings. Any document
required under this rule for any initial or supplemental proceeding
must be served on the other party for inspection and copying within
45 days of service of the initial pleading on the respondent.
(c) Exemption from Requirement to File and Serve
Financial Affidavit.
(1) The parties are not required to file or serve a
financial affidavit under subdivisions (d) and (e) if they are seeking a
simplified dissolution of marriage under rule 12.105, they have no
minor children, have no support issues, and have filed a written
settlement agreement disposing of all financial issues, or if the
court lacks jurisdiction to determine any financial issues.
(2) Upon agreement of the parties and filing of a notice
of joint verified waiver of filing financial affidavits, the court shall
not require that financial affidavits be filed. In the notice, both
parties must acknowledge:
(A) that evidence of their current or past financial
circumstances may be necessary for future court proceedings;
(B) they each have provided the other with a fully
executed and sworn financial affidavit in conformity with Florida
Family Law Form 12.902(b) or 12.902(c), as applicable;
(C) that the responsibility to retain copies of all
affidavits exchanged rests solely with the parties;
(D) that the waiver only applies to the current filing
and does not automatically apply to any future filings; and
(E) that the waiver may be revoked by either party
at any time.
(d) Disclosure Requirements for Temporary Financial
Relief. In any proceeding for temporary financial relief heard within
45 days of the service of the initial pleading or within any extension
of the time for complying with mandatory disclosure granted by the
court or agreed to by the parties, the following documents must be
served on the other party:
(1) A financial affidavit in substantial conformity with
Florida Family Law Rules of Procedure Form 12.902(b) if the party’s
gross annual income is less than $50,000, or Florida Family Law
Rules of Procedure Form 12.902(c) if the party’s gross annual
income is equal to or more than $50,000. This requirement cannot
be waived by the parties.
(2) All complete federal and state personal income tax
returns, gift tax returns, and foreign tax returns filed by the party
or on the party’s behalf for the past 3 years, including all
attachments, including Forms W-2, 1099, K-1, and all
accompanying schedules and worksheets comprising the entire tax
return. A party may file a transcript of the tax return as provided by
Internal Revenue Service Form 4506 T in lieu of his or her
individual federal income tax return for purposes of a temporary
hearing.
(3) IRS forms W-2, 1099, and K-1 for the past year, if
the income tax return for that year has not been prepared. If
income tax returns have not been filed for any of the prior 2 years
beyond the past year, then IRS forms W-2, 1099, and K-1 for those
prior 2 years as well.
(4) Pay stubs or other evidence of earned income for the
6 months before compliance with these disclosure requirements for
temporary financial relief.
(e) Parties’ Disclosure Requirements for Initial or
Supplemental Proceedings. A party must serve the following
documents in any proceeding for an initial or supplemental request
for permanent financial relief, including, but not limited to, a
request for child support, alimony, equitable distribution of assets
or debts, or attorneys’ fees, suit money, or costs:
(1) A financial affidavit in substantial conformity with
Florida Family Law Rules of Procedure Form 12.902(b) if the party’s
gross annual income is less than $50,000, or Florida Family Law
Rules of Procedure Form 12.902(c) if the party’s gross annual
income is equal to or more than $50,000, which requirement
cannot be waived by the parties. A party may request, by using the
Standard Family Law Interrogatories, or the court on its own
motion may order, a party whose gross annual income is less than
$50,000 to complete Florida Family Law Rules of Procedure Form
12.902(c). All documents supporting the income, assets, and
liabilities figures entered into the financial affidavit must also be
produced.
(2) All complete federal and state personal income tax
returns, gift tax returns, and foreign tax returns filed by the party
or on the party’s behalf for the past 3 years, including all
attachments, including Forms W-2, 1099, K-1, and all accompany
schedules and worksheets comprising the entire tax return. A party
may file a transcript of the tax return as provided by Internal
Revenue Service Form 4506T in lieu of his or her individual federal
income tax return for purposes of a temporary hearing.
(3) IRS forms W-2, 1099, and K-1 for the past year, if
the income tax return for that year has not been prepared. If
income tax returns have not been filed for any of the prior 2 years
beyond the past year, then IRS forms W-2, 1099, and K-1 for those
prior 2 years as well.
(4) Pay stubs or other evidence of earned income for the
6 months before compliance with these disclosure requirements for
initial or supplemental proceedings.
(5) A statement by the producing party identifying the
amount and source of all income received from any source during
the 6 months preceding the compliance with these disclosure
requirements for initial or supplemental proceedings if not reflected
on the pay stubs produced.
(6) All loan applications, financial statements, credit
reports, or any other form of financial disclosure, including
financial aid forms, prepared or used within the 24 months
preceding compliance with these disclosure requirements for initial
or supplemental proceedings, whether for the purpose of obtaining
or attempting to obtain credit or for any other purpose.
(7) All deeds evidencing any ownership interest in
property held at any time during the last 3 years, all promissory
notes or other documents evidencing money owed to either party at
any time within the last 24 months, and all leases, whether held in
the party’s name individually, in the party’s name jointly with any
other person or entity, in the party’s name as trustee or guardian
for a party or a minor or adult dependent child of both parties, or in
someone else’s name on the party’s behalf wherein either the party:
(A) is receiving or has received payments at any
time within the last 3 years for leased real or personal property, or
(B) owns or owned an interest.
(8) All periodic statements from the last 12 months for
all checking accounts, and for all other accounts (for example,
savings accounts, money market funds, certificates of deposit, etc.),
regardless of whether or not the account has been closed, including
those held in the party’s name individually, in the party’s name
jointly with any other person or entity, in the party’s name as
trustee or guardian for a party or a minor or adult dependent child
of both parties, or in someone else’s name on the party’s behalf. For
all accounts that have check-writing privileges, copies of canceled
checks and registers, whether written or electronically maintained,
shall also be produced, so that the payee and purpose of each
individual instrument can be ascertained.
(9) All brokerage account statements in which either
party to this action held within the last 12 months or holds an
interest including those held in the party’s name individually, in the
party’s name jointly with any person or entity, in the party’s name
as trustee or guardian for a party or a minor or adult dependent
child of both parties, or in someone else’s name on the party’s
behalf. For all accounts that have check-writing privileges, copies of
canceled checks and registers, whether written or electronically
maintained, shall also be produced, so that the payee and purpose
of each individual instrument can be ascertained.
(10) The most recent statement and statements for the
past 12 months for any profit sharing, retirement, deferred
compensation, or pension plan (for example, IRA, 401(k), 403(b),
SEP, KEOGH, or other similar account) in which the party is a
participant or an alternate payee receiving payments and the
summary plan description for any retirement, profit sharing, or
pension plan in which the party is a participant or an alternate
payee receiving payments. (The summary plan description must be
furnished to the party on request by the plan administrator as
required by 29 U.S.C. § 1024(b)(4).)
(11) The most recent statement and statements for the
past 12 months for any virtual currency transactions in which
either party to this action participated within the last 12 months or
holds an interest, including those held in the party’s name
individually, in the party’s name jointly with any person or entity, in
the party’s name as trustee or guardian for a party or a minor or
adult dependent child of both parties, or in someone else’s name on
the party’s behalf. Virtual currency is a digital representation of
value that functions as a medium of exchange, a unit of account,
and/or a store of value. A listing of all current holdings of virtual
currency shall also be disclosed.
(12) The declarations page, the last periodic statement,
statements for the past 12 months, and the certificate for all life
insurance policies insuring the party’s life or the life of the party’s
spouse, whether group insurance or otherwise, and all current
health and dental insurance cards covering either of the parties
and/or their dependent children.
(13) Corporate, partnership, and trust tax returns for
the last 3 tax years if the party has an ownership or interest in a
corporation, partnership, or trust.
(14) All promissory notes evidencing a party’s
indebtedness for the last 24 months, whether since paid or not, all
credit card and charge account statements and other records
showing the party’s indebtedness as of the date of the filing of this
action and for the last 24 months preceding compliance with these
disclosure requirements, and all present lease agreements, whether
owed in the party’s name individually, in the party’s name jointly
with any other person or entity, in the party’s name as trustee or
guardian for a party or a minor or adult dependent child of both
parties, or in someone else’s name on the party’s behalf.
(15) All written premarital or marital agreements entered
into at any time between the parties to this marriage, whether
before or during the marriage, and all affidavits and declarations of
non-paternity or judgments of disestablishment of paternity for any
minor or dependent children born or conceived during the marriage.
Additionally, in any modification proceeding, each party must serve
on the opposing party all written agreements entered into between
them at any time since the order to be modified was entered.
(16) All documents supporting the producing party’s
claim that an asset or liability is nonmarital, for enhancement or
appreciation of nonmarital property, or for an unequal distribution
of marital property. The documents produced must be for the time
period from the date of acquisition of the asset or debt to the date of
production or from the date of the marriage, if based on premarital
acquisition.
(17) Any court orders directing a party to pay or receive
spousal or child support.
(f) Duty to Supplement Disclosure; Amended Financial
Affidavit.
(1) Parties have a continuing duty to supplement
documents described in this rule, including financial affidavits,
whenever a material change in their financial status occurs.
(2) If an amended financial affidavit or an amendment
to a financial affidavit is filed, the amending party must also serve
any subsequently discovered or acquired documents supporting the
amendments to the financial affidavit.
(g) Sanctions. Any document to be produced under this rule
that is not served on the opposing party within the time periods set
forth in subdivision (b)(1), as applicable, before a nonfinal hearing
or in violation of the court’s pretrial order shall not be admissible in
evidence at that hearing unless the court finds good cause for the
delay. In addition, the court may impose other sanctions authorized
by rule 12.380 as may be equitable under the circumstances. The
court may also impose sanctions upon the offending lawyer in lieu
of imposing sanctions on a party.
(h) Extensions of Time for Complying with Mandatory
Disclosure. By agreement of the parties, the time for complying
with mandatory disclosure may be extended. Either party may also
file, before the due date, a motion to enlarge the time for complying
with mandatory disclosure. The court must grant the request for
good cause shown.
(i) Objections to Mandatory Automatic Disclosure.
Objections to the mandatory automatic disclosure required by this
rule shall be served in writing at least 5 days before the due date for
the disclosure or the objections shall be deemed waived. The filing
of a timely objection, with a notice of hearing on the objection,
automatically stays mandatory disclosure for those matters within
the scope of the objection. For good cause shown, the court may
extend the time for the filing of an objection or permit the filing of
an otherwise untimely objection. The court must impose sanctions
for the filing of meritless or frivolous objections.
(j) Certificate of Compliance. All parties subject to
automatic mandatory disclosure must file with the court a
certificate of compliance, Florida Family Law Rules of Procedure
Form 12.932, identifying with particularity the documents which
have been delivered and certifying the date of service of the financial
affidavit and documents by that party. The party must swear or
affirm under oath that the disclosure is complete, accurate, and in
compliance with this rule, unless the party indicates otherwise,
with specificity, in the certificate of compliance.
(k) Child Support Guidelines Worksheet. If the case
involves child support, the parties must file with the court at or
before a hearing to establish or modify child support a Child
Support Guidelines Worksheet in substantial conformity with
Florida Family Law Rules of Procedure Form 12.902(e). This
requirement cannot be waived by the parties.
(l) Place of Production.
(1) Unless otherwise agreed by the parties or ordered
by the court, all production required by this rule takes place in the
county where the action is pending and in the office of the attorney
for the party receiving production. Unless otherwise agreed by the
parties or ordered by the court, if a party does not have an attorney
or if the attorney does not have an office in the county where the
action is pending, production takes place in the county where the
action is pending at a place designated in writing by the party
receiving production, served at least 5 days before the due date for
production.
(2) If venue is contested, on motion by a party the court
must designate the place where production will occur pending
determination of the venue issue.
(m) Failure of Defaulted Party to Comply. Nothing in this
rule shall be deemed to preclude the entry of a final judgment when
a party in default has failed to comply with this rule.
Commentary
1995 Adoption. This rule creates a procedure for automatic
financial disclosure in family law cases. By requiring production at
an early stage in the proceedings, it is hoped that the expense of
litigation will be minimized. See Dralus v. Dralus , 627 So.2d 505
(Fla. 2d DCA 1993); Wrona v. Wrona , 592 So.2d 694 (Fla. 2d DCA
1991); and Katz v. Katz , 505 So.2d 25 (Fla. 4th DCA 1987). A
limited number of requirements have been placed upon parties
making and spending less than $50,000 annually unless otherwise
ordered by the court. In cases where the income or expenses of a
party are equal to or exceed $50,000 annually, the requirements are
much greater. Except for the provisions as to financial affidavits,
other than as set forth in subdivision (k), any portion of this rule
may be modified by agreement of the parties or by order of the
court. For instance, upon the request of any party or on the court’s
own motion, the court may order that the parties to the proceeding
comply with some or all of the automatic mandatory disclosure
provisions of this rule even though the parties do not meet the
income requirements set forth in subdivision (d). Additionally, the
court may, on the motion of a party or on its own motion, limit the
disclosure requirements in this rule should it find good cause for
doing so.
Committee Notes
1997 Amendment. Except for the form of financial affidavit
used, mandatory disclosure is made the same for all parties subject
to the rule, regardless of income. The amount of information
required to be disclosed is increased for parties in the under-
$50,000 category and decreased for parties in the $50,000-or-over
category. The standard family law interrogatories are no longer
mandatory, and their answers are designed to be supplemental and
not duplicative of information contained in the financial affidavits.
1998 Amendment. If one party has not provided necessary
financial information for the other party to complete a child support
guidelines worksheet, a good faith estimate should be made.
2005 Amendment. The requirement that a party certify
compliance with mandatory disclosure is intended to facilitate full
disclosure and prevent a party from alleging that he or she did not
know he or she had to provide documents required by this rule.
This certification does not relieve the party of the duty to
supplement disclosure.
2012 Amendment. Subdivision (b)(1)(B) is amended to
provide for e-mail service in accordance with Florida Rule of
Judicial Administration 2.516.
RULE 12.287. FINANCIAL AFFIDAVITS IN ENFORCEMENT AND
CONTEMPT PROCEEDINGS
Any party in an enforcement or contempt proceeding may
serve upon any other party a written request to serve a financial
affidavit if the other party’s financial circumstances are relevant in
the proceeding. The party to whom the request is made shall serve
the requested financial affidavit and file a notice of compliance
within 10 days after the service of the written request. The court
may allow a shorter or longer time. The financial affidavit shall be in
substantial conformity with Florida Family Law Rules of Procedure
Form 12.902(b) (Short Form), all sections of which shall be
completed.
RULE 12.290. DEPOSITIONS BEFORE ACTION OR PENDING
APPEAL
(a) Before Action.
(1) Petition. A person who desires to perpetuate that
person’s own testimony or that of another person regarding any
matter that may be cognizable in any court of this state may file a
verified petition in the circuit court in the county of the residence of
any expected adverse party. The petition must:
(A) be titled in the name of the petitioner; and
(B) show:
(i) that the petitioner expects to be a party to
an action cognizable in a court of Florida, but is presently unable to
bring it or cause it to be brought,
(ii) the subject matter of the expected action
and the petitioner’s interest in it,
(iii) the facts which the petitioner desires to
establish by the proposed testimony and the petitioner’s reasons for
desiring to perpetuate it,
(iv) the names or a description of the persons
the petitioner expects will be adverse parties and their addresses so
far as known, and
(v) the names and addresses of the persons to
be examined and the substance of the testimony that the petitioner
expects to elicit from each; and must ask for an order authorizing
the petitioner to take the deposition of the persons to be examined
named in the petition for the purpose of perpetuating their
testimony.
(2) Notice and Service. The petitioner must serve a
notice on each person named in the petition as an expected adverse
party, together with a copy of the petition, stating that the petitioner
will apply to the court at a time and place named therein for an
order described in the petition. At least 20 days before the date of
hearing the notice must be served either within or without the
county in the manner provided by law for service of summons, but
if such service cannot with due diligence be made on any expected
adverse party named in the petition, the court may make an order
for service by publication or otherwise, and must appoint an
attorney for persons not served in the manner provided by law for
service of summons who will represent them, and if they are not
otherwise represented, will cross-examine the deponent.
(3) Order and Examination. If the court is satisfied that
the perpetuation of the testimony may prevent a failure or delay of
justice, it must make an order designating or describing the
persons whose depositions may be taken and specifying the subject
matter of the examination and whether the deposition shall be
taken upon oral examination or written interrogatories. The
deposition may then be taken in accordance with these rules and
the court may make orders in accordance with the requirements of
these rules. For the purpose of applying these rules to depositions
for perpetuating testimony, each reference to the court in which the
action is pending shall be deemed to refer to the court in which the
petition for deposition was filed.
(4) Use of Deposition. A deposition taken under this
rule may be used in any action involving the same subject matter
subsequently brought in any court in accordance with rule 12.330.
(b) Pending Appeal. If an appeal has been taken from a
judgment of any court or before the taking of an appeal if the time
therefor has not expired, the court in which the judgment was
rendered may allow the taking of the depositions of witnesses to
perpetuate their testimony for use in the event of further
proceedings in the court. In such case the party who desires to
perpetuate the testimony may make a motion for leave to take the
deposition on the same notice and service as if the action was
pending in the court. The motion must show (1) the names and
addresses of persons to be examined and the substance of the
testimony which the movant expects to elicit from each, and (2) the
reason for perpetuating their testimony. If the court finds that the
perpetuation of the testimony is proper to avoid a failure or delay in
justice, it may make an order allowing the deposition to be taken
and may make orders of the character provided for by these rules,
and thereupon the deposition may be taken and used in the same
manner and under the same conditions as are prescribed in these
rules for depositions taken in actions pending in the court.
(c) Perpetuation by Action. This rule does not limit the
power of a court to entertain an action to perpetuate testimony.
RULE 12.300. PERSONS BEFORE WHOM DEPOSITIONS MAY
BE TAKEN
(a) Persons Authorized. Depositions may be taken before
any notary public or judicial officer or before any officer authorized
by the statutes of Florida to take acknowledgments or proof of
executions of deeds or by any person appointed by the court in
which the action is pending.
(b) In Foreign Countries. In a foreign country, depositions
may be taken (1) on notice before a person authorized to administer
oaths in the place in which the examination is held, either by the
law thereof or by the law of Florida or of the United States, (2)
before a person commissioned by the court, and a person so
commissioned shall have the power by virtue of the commission to
administer any necessary oath and take testimony, or (3) pursuant
to a letter of request. A commission or a letter of request must be
issued on application and notice and on terms that are just and
appropriate. It is not requisite to the issuance of a commission or a
letter of request that the taking of the deposition in any other
manner is impracticable or inconvenient, and both a commission
and a letter of request may be issued in proper cases. A notice or
commission may designate the person before whom the deposition
is to be taken either by name or descriptive title. A letter of request
may be addressed “To the Appropriate Authority in .....(name of
country)......” Evidence obtained in response to a letter of request
need not be excluded merely for the reason that it is not a verbatim
transcript or that the testimony was not taken under oath or any
similar departure from the requirements for depositions taken
within Florida under these rules.
(c) Selection by Stipulation. If the parties so stipulate in
writing, depositions may be taken before any person at any time or
place upon any notice and in any manner and when so taken may
be used like other depositions.
(d) Persons Disqualified. Unless so stipulated by the
parties, no deposition may be taken before a person who is a
relative, employee, attorney, or counsel of any of the parties, is a
relative or employee of any of the parties’ attorneys or counsel, or is
financially interested in the action.
RULE 12.310. DEPOSITIONS UPON ORAL EXAMINATION
(a) When Depositions May Be Taken. After commencement
of the action any party may take the testimony of any person,
including a party, by deposition upon oral examination. Leave of
court, granted with or without notice, must be obtained only if the
petitioner seeks to take a deposition within 30 days after service of
the process and initial pleading on any respondent, except that
leave is not required (1) if a respondent has served a notice of taking
deposition or otherwise sought discovery, or (2) if special notice is
given as provided in subdivision (b)(2). The attendance of witnesses
may be compelled by subpoena as provided in rule 12.410. The
deposition of a person confined in prison may be taken only by
leave of court on such terms as the court prescribes.
(b) Notice; Method of Taking; Production at Deposition.
(1) A party desiring to take the deposition of any person
upon oral examination must give reasonable notice in writing to
every other party to the action. The notice must state the time and
place for taking the deposition and the name and address of each
person to be examined, if known, and, if the name is not known, a
general description sufficient to identify the person or the particular
class or group to which the person belongs. If a subpoena duces
tecum is to be served on the person to be examined, the designation
of the materials to be produced under the subpoena must be
attached to or included in the notice, and if the deposition is to be
taken through the use of communication technology, the parties
shall provide the subpoenaed documents no later than 5 days prior
to the deposition.
(2) Leave of court is not required for the taking of a
deposition by petitioner if the notice states that the person to be
examined is about to go out of the state and will be unavailable for
examination unless a deposition is taken before expiration of the
30-day period under subdivision (a). If a party shows that when
served with notice under this subdivision that party was unable
through the exercise of diligence to obtain counsel to represent the
party at the taking of the deposition, the deposition may not be
used against that party.
(3) For cause shown the court may enlarge or shorten
the time for taking the deposition.
(4) Any deposition may be audiovisually recorded
without leave of the court or stipulation of the parties, provided the
deposition is taken in accordance with this subdivision.
(A) Notice. In addition to the requirements in
subdivision (b)(1), a party intending to audiovisually record a
deposition must:
(i) state that the deposition is to be
audiovisually recorded in the title of the notice; and
(ii) identify the method for audiovisually
recording the deposition and, if applicable, provide the name and
address of the operator of the audiovisual recording equipment in
the body of the notice.
(B) Court Reporter. Audiovisually recorded
depositions must also be stenographically recorded by a certified
court reporter, unless all parties agree otherwise. If all parties have
agreed to waive the requirement of stenographic recording, then in
addition to the requirements of subdivision (b)(4)(A), the notice or
subpoena setting deposition shall set forth that agreement.
(C) Procedure. At the beginning of the deposition,
the officer before whom it is taken must, on camera: (i) identify the
style of the action, (ii) state the date, and (iii) put the witness under
oath as provided in subdivision (c)(1).
(D) Responsibility for Recordings and Obtaining
Copies. The attorney for the party, or the self-represented litigant,
requesting the audiovisual recording of the deposition must take
custody of and be responsible for the safeguarding of the recording.
If requested, an attorney or self-represented litigant safeguarding a
recording must provide a copy of the recording at the expense of the
party requesting the copy unless the court order otherwise. An
attorney or self-represented litigant safeguarding a recording may
condition providing a copy of the recording upon receipt of
payment. An attorney or self-represented litigant who fails to
safeguard a recording or provide a copy as set forth in this
subdivision may be subject to sanctions.
(E) Cost of Audiovisually Recorded Depositions.
The party requesting the audiovisual recording bears the initial cost
of the recording.
(5) The notice to a party deponent may be accompanied
by a request made in compliance with rule 12.350 for the
production of documents and tangible things at the taking of the
deposition. The procedure of rule 12.350 applies to the request.
Rule 12.351 provides the exclusive procedure for obtaining
documents or things by subpoena from nonparties without
deposing the custodian or other person in possession of the
documents.
(6) In the notice a party may name as the deponent a
public or private corporation, a partnership or association, or a
governmental agency, and designate with reasonable particularity
the matters on which examination is requested. The organization so
named must designate one or more officers, directors, or managing
agents, or other persons who consent to do so, to testify on its
behalf and may state the matters on which each person designated
will testify. The persons so designated must testify about matters
known or reasonably available to the organization. This subdivision
does not preclude taking a deposition by any other procedure
authorized in these rules.
(7) A deposition may be taken by communication
technology, as that term is defined in Florida Rule of General
Practice and Judicial Administration 2.530, if stipulated by the
parties or if ordered by the court on its own motion or on motion of
a party. A court official must determine whether good cause exists
before authorizing the use of communication technology for the
taking of a deposition, but a motion filed under this subdivision
shall not require a hearing. The order may prescribe the manner in
which the deposition will be taken. In addition to the requirements
of subdivision (b)(1), a party intending to take a deposition by
communication technology must:
(A) state that the deposition is to be taken using
communication technology in the title of the notice; and
(B) identify the specific form of communication
technology to be used and provide instructions for access to the
communication technology in the body of the notice.
(8) Any minor subpoenaed for testimony has the right
to be accompanied by a parent, guardian, guardian ad litem, or
attorney ad litem at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of
section 90.616, Florida Statutes, except on a showing that the
presence of a parent or guardian is likely to have a material,
negative impact on the credibility or accuracy of the minor’s
testimony, or that the interests of the parent or guardian are in
actual or potential conflict with the interests of the minor. The
provisions of this subdivision do not alter the requirements of rule
12.407 that a court order must be obtained before a minor child
may be deposed or brought to a deposition.
(c) Examination and Cross-Examination; Record of
Examination; Oath; Objections; Transcription.
(1) Examination and cross-examination of witnesses
may proceed as permitted at the trial. The officer before whom the
deposition is to be taken must put the witness under oath and
must personally, or by someone acting under the officer’s direction
and in the officer’s presence, record the testimony of the witness,
except that when a deposition is being taken by communication
technology under subdivision (b)(7), the witness must be put under
oath as provided in Florida Rule of General Practice and Judicial
Administration 2.530. The testimony must be taken
stenographically or recorded via audio-video communication
technology under subdivision (b)(4). All objections made at the time
of the examination to the qualifications of the officer taking the
deposition, the manner of taking it, the evidence presented, or the
conduct of any party, and any other objection to the proceedings
must be noted by the officer during the deposition. Any objection
during a deposition must be stated concisely and in a
nonargumentative and nonsuggestive manner. A party may instruct
a deponent not to answer only when necessary to preserve a
privilege, to enforce a limitation on evidence directed by the court,
or to present a motion under subdivision (d). Otherwise, evidence
objected to must be taken subject to the objections. Instead of
participating in the oral examination, parties may serve written
questions in a sealed envelope on the party taking the deposition
and that party must transmit them to the officer, who must
propound them to the witness and record the answers verbatim.
(2) If requested by a party, the testimony must be
transcribed at the initial cost of the requesting party and prompt
notice of the request must be given to all other parties. A party who
intends to use an audio or audiovisual recording of testimony at a
hearing or trial must have the testimony transcribed and must file a
copy of the transcript with the court.
(d) Motion to Terminate or Limit Examination. At any
time during the taking of the deposition, on motion of a party or of
the deponent and on a showing that the examination is being
conducted in bad faith or in such manner as unreasonably to
annoy, embarrass, or oppress the deponent or party, or that
objection and instruction to a deponent not to answer are being
made in violation of subdivision (c), the court in which the action is
pending or the circuit court where the deposition is being taken
may order the officer conducting the examination to cease
immediately from taking the deposition or may limit the scope and
manner of the taking of the deposition under rule 12.280(d). If the
order terminates the examination, it shall be resumed thereafter
only on the order of the court in which the action is pending. On
demand of any party or the deponent, the taking of the deposition
must be suspended for the time necessary to make a motion for an
order. The provisions of rule 12.380(a)(4) apply to the award of
expenses incurred in relation to the motion.
(e) Witness Review. If the testimony is transcribed, the
transcript must be furnished to the witness for examination and
must be read to or by the witness unless the examination and
reading are waived by the witness and by the parties. Any changes
in form or substance that the witness wants to make must be listed
in writing by the officer with a statement of the reasons given by the
witness for making the changes. The changes must be attached to
the transcript. It must then be signed by the witness unless the
parties waived the signing or the witness is ill, cannot be found, or
refuses to sign. If the transcript is not signed by the witness within
a reasonable time after it is furnished to the witness, the officer
signs the transcript and states on the transcript the waiver, illness,
absence of the witness, or refusal to sign with any reasons given.
The deposition may then be used as fully as though signed unless
the court holds that the reasons given for the refusal to sign require
rejection of the deposition wholly or partly, on motion under rule
12.330(d)(4).
(f) Filing; Exhibits.
(1) If the deposition is transcribed, the officer must
certify on each copy of the deposition that the witness was duly
sworn by the officer and that the deposition is a true record of the
testimony given by the witness. Documents and things produced for
inspection during the examination of the witness must be marked
for identification and annexed to and returned with the deposition
on the request of a party, and may be inspected and copied by any
party, except that the person producing the materials may
substitute copies to be marked for identification if that person
affords to all parties fair opportunity to verify the copies by
comparison with the originals. If the person producing the materials
requests their return, the officer must mark them, give each party
an opportunity to inspect and copy them, and return them to the
person producing them and the materials may then be used in the
same manner as if annexed to and returned with the deposition.
(2) On payment of reasonable charges therefor the
officer must furnish a copy of the deposition to any party or to the
deponent.
(3) A copy of a deposition may be filed only under the
following circumstances:
(A) It may be filed in compliance with Florida Rule
of General Practice and Judicial Administration 2.425 and rule
12.280(j) by a party or the witness when the contents of the
deposition must be considered by the court on any matter pending
before the court. Prompt notice of the filing of the deposition must
be given to all parties unless notice is waived. A party filing the
deposition must furnish a copy of the deposition or the part being
filed to other parties unless the party already has a copy.
(B) If the court determines that a deposition
previously taken is necessary for the decision of a matter pending
before the court, the court may order that a copy be filed by any
party at the initial cost of the party, and the filing party must
comply with rules 2.425 and 12.280(j).
(g) Failure to Attend or to Serve Subpoena; Expenses.
(1) If the party giving the notice of the taking of a
deposition fails to attend and proceed with the deposition and
another party attends in person or by attorney pursuant to the
notice, the court may order the party giving the notice to pay to the
other party the reasonable expenses incurred by the other party
and the other party’s attorney in attending, including reasonable
attorneys’ fees.
(2) If the party giving the notice of the taking of a
deposition of a witness fails to serve a subpoena on the witness and
the witness because of the failure does not attend and if another
party attends in person or by attorney because that other party
expects the deposition of that witness to be taken, the court may
order the party giving the notice to pay to the other party the
reasonable expenses incurred by that other party and that other
party’s attorney in attending, including reasonable attorneys’ fees.
Committee Note
2008 Amendment. The provisions of Fla. R. Civ. P. 1.310(b)(8)
do not alter the requirements of Rule 12.407 that a court order
must be obtained before deposing a minor child.
RULE 12.320. DEPOSITIONS UPON WRITTEN QUESTIONS
(a) Serving Questions; Notice. After commencement of the
action any party may take the testimony of any person, including a
party, by deposition upon written questions. The attendance of
witnesses may be compelled by the use of subpoena as provided in
rule 12.410. The deposition of a person confined in prison may be
taken only by leave of court on such terms as the court prescribes.
A party desiring to take a deposition upon written questions must
serve them with a notice stating
(1) the name and address of the person who is to
answer them, if known, and, if the name is not known, a general
description sufficient to identify the person or the particular class
or group to which that person belongs, and
(2) the name or descriptive title and address of the
officer before whom the deposition is to be taken.
Within 30 days after the notice and written questions are
served, a party may serve cross questions on all other parties.
Within 10 days after being served with cross questions, a party may
serve redirect questions on all other parties. Within 10 days after
being served with redirect questions, a party may serve recross
questions on all other parties. The court may for cause shown
enlarge or shorten the time.
(b) Officer to Take Responses and Prepare Record. A copy of
the notice and copies of all questions served must be delivered by
the party taking the depositions to the officer designated in the
notice, who must proceed promptly to take the testimony of the
witness in the manner provided by rules 12.310(c), (e), and (f) in
response to the questions and to prepare the deposition, attaching
the copy of the notice and the questions received by the officer. The
questions must not be filed separately from the deposition unless a
party seeks to have the court consider the questions before the
questions are submitted to the witness. Any deposition may be
audiovisually recorded without leave of the court or stipulation of
the parties, provided the deposition is taken in accordance with rule
12.310(b)(4).
RULE 12.330. USE OF DEPOSITIONS IN COURT PROCEEDINGS
(a) Use of Depositions. At the trial or on the hearing of a
motion or an interlocutory proceeding, any part or all of a
deposition may be used against any party who was present or
represented at the taking of the deposition or who had reasonable
notice of it so far as admissible under the rules of evidence applied
as though the witness were then present and testifying in
accordance with any of the following provisions:
(1) Any deposition may be used by any party for the
purpose of contradicting or impeaching the testimony of the
deponent as a witness or for any purpose permitted by the Florida
Evidence Code.
(2) The deposition of a party may be used by an
adverse party for any purpose.
(3) The deposition of a witness, whether or not a party,
may be used by any party for any purpose if the court finds:
(A) that the witness is dead;
(B) that the witness is at a greater distance than
100 miles from the place of trial or hearing, or is out of the state,
unless it appears that the absence of the witness was procured by
the party offering the deposition;
(C) that the witness is unable to attend or testify
because of age, illness, infirmity, or imprisonment;
(D) that the party offering the deposition has been
unable to procure the attendance of the witness by subpoena;
(E) on application and notice, that such
exceptional circumstances exist as to make it desirable, in the
interest of justice and with due regard to the importance of
presenting the testimony of witnesses orally in open court, to allow
the deposition to be used; or
(F) the witness is an expert or skilled witness.
(4) If only part of a deposition is offered in evidence by
a party, an adverse party may require the party to introduce any
other part that in fairness ought to be considered with the part
introduced, and any party may introduce any other parts.
(b) Objections to Admissibility. Subject to the provisions of
subdivision (d)(3) of this rule and of rule 12.300(b), objection may
be made at the trial or hearing to receiving in evidence any
deposition or part of it for any reason that would require the
exclusion of the evidence if the witness were then present and
testifying.
(c) Effect of Taking or Using Depositions. A party does not
make a person the party’s own witness for any purpose by taking
the person’s deposition. The introduction in evidence of the
deposition or any part of it for any purpose other than that of
contradicting or impeaching the deponent makes the deponent the
witness of the party introducing the deposition, but this does not
apply to the use by an adverse party of a deposition under
subdivision (a)(2). At the trial or hearing any party may rebut any
relevant evidence contained in a deposition whether introduced by
that party or by any other party.
(d) Effect of Errors and Irregularities.
(1) As to Notice. All errors and irregularities in the
notice for taking a deposition are waived unless written objection is
promptly served on the party giving the notice.
(2) As to Disqualification of Officer. Objection to taking a
deposition because of disqualification of the officer before whom it is
to be taken is waived unless made before the taking of the
deposition begins or as soon thereafter as the disqualification
becomes known or could be discovered with reasonable diligence.
(3) As to Taking of Deposition.
(A) Objections to the competency of a witness or to
the competency, relevancy, or materiality of testimony are not
waived by failure to make them before or during the taking of the
deposition unless the ground of the objection is one that might have
been obviated or removed if presented at that time.
(B) Errors and irregularities occurring at the oral
examination in the manner of taking the deposition, in the form of
the questions or answers, in the oath or affirmation, or in the
conduct of parties and errors of any kind that might be obviated,
removed, or cured if promptly presented are waived unless timely
objection to them is made at the taking of the deposition.
(C) Objections to the form of written questions
submitted under rule 12.320 are waived unless served in writing on
the party propounding them within the time allowed for serving the
succeeding cross or other questions and within 10 days after
service of the last questions authorized.
(4) As to Completion and Return. Errors and
irregularities in the manner in which the testimony is transcribed
or the deposition is prepared, signed, certified, or otherwise dealt
with by the officer under rules 12.310 and 12.320 are waived
unless a motion to suppress the deposition or some part of it is
made with reasonable promptness after the defect is, or with due
diligence might have been, discovered.
RULE 12.340. INTERROGATORIES TO PARTIES
(a) Procedure for Use. Without leave of court, any party
may serve on any other party written interrogatories to be answered
by the party to whom the interrogatories are directed, or if that
party is a public or private corporation or partnership or association
or governmental agency, by any officer or agent, who must furnish
the information available to that party. Interrogatories may be
served on the petitioner after commencement of the action and on
any other party with or after service of the process and initial
pleading on that party. A party may serve fewer than all of the
approved interrogatories within a form.
(1) Initial Interrogatories. Initial interrogatories to
parties in original and enforcement actions must be those set forth
in Florida Family Law Rules of Procedure Form 12.930(b). Parties
governed by the mandatory disclosure requirements of rule 12.285
may serve the interrogatories set forth in Florida Family Law Rules
of Procedure Form 12.930(b).
(2) Modification Interrogatories. Interrogatories to
parties in cases involving modification of a final judgment must be
those set forth in Florida Family Law Rules of Procedure Form
12.930(c). Parties governed by the mandatory disclosure
requirements of rule 12.285 may serve the interrogatories set forth
in Florida Family Law Rules of Procedure Form 12.930(c).
(b) Additional Interrogatories. Ten interrogatories,
including subparts, may be sent to a party, in addition to the
standard interrogatories contained in Florida Family Law Rules of
Procedure Form 12.930(b) or Florida Family Law Rules of Procedure
Form 12.930(c). A party must obtain permission of the court to
send more than 10 additional interrogatories. The expert
interrogatories authorized by rule 12.280 are not included within
the limitation of ten additional interrogatories to a party prescribed
by this rule.
(c) Service of and Objections to Interrogatories. Each
interrogatory must be answered separately and fully in writing
under oath unless it is objected to, in which event the grounds for
objection must be stated and signed. The party to whom the
interrogatories are directed must serve the answers and any
objections within 30 days after the service of the interrogatories,
except that a respondent may serve answers or objections within 45
days after service of the process and initial pleading on that
respondent. The court may allow a shorter or longer time. The party
submitting the interrogatories may move for an order under rule
12.380(a) on any objection to or other failure to answer an
interrogatory.
(d) Serving of Responses. Parties must serve responses to
interrogatories on the requesting party. Responses must not be filed
with the court unless they are admitted into evidence by the court
and are in compliance with Florida Rule of General Practice and
Judicial Administration 2.425. The responding party must file with
the court Florida Family Law Rules of Procedure Form 12.930(d),
Notice of Service of Answers to Standard Family Law
Interrogatories.
(e) Scope; Use at Trial. Interrogatories may relate to any
matters that can be inquired into under rule 12.280(b), and the
answers may be used to the extent permitted by the rules of
evidence except as otherwise provided in this subdivision. An
interrogatory otherwise proper is not objectionable merely because
an answer to the interrogatory involves an opinion or contention
that relates to fact or calls for a conclusion or asks for information
not within the personal knowledge of the party. A party must
respond to such an interrogatory by giving the information the
party has and the source on which the information is based. Such a
qualified answer may not be used as direct evidence for or
impeachment against the party giving the answer unless the court
finds it otherwise admissible under the rules of evidence.
(f) Option to Produce Records. When the answer to an
interrogatory may be derived or ascertained from the records
(including electronically stored information) of the party to whom
the interrogatory is directed or from an examination, audit, or
inspection of the records or from a compilation, abstract, or
summary based on the records and the burden of deriving or
ascertaining the answer is substantially the same for the party
serving the interrogatory as for the party to whom it is directed, an
answer to the interrogatory specifying the records from which the
answer may be derived or ascertained and offering to give the party
serving the interrogatory a reasonable opportunity to examine,
audit, or inspect the records and to make copies, compilations,
abstracts, or summaries, production of the records in lieu of a
written response is a sufficient answer. An answer must be in
sufficient detail to permit the interrogating party to locate and to
identify, as readily as can the party interrogated, the records from
which the answer may be derived or ascertained, or must identify a
person or persons representing the interrogated party who will be
available to assist the interrogating party in locating and identifying
the records at the time they are produced. If the records to be
produced consist of electronically stored information, the records
must be produced in a form or forms in which they are ordinarily
maintained or in a reasonably usable form or forms.
(g) Effect on Other Parties. Answers made by a party are
not binding on any other party.
(h) Service. Interrogatories must be arranged so that a
blank space is provided after each separately numbered
interrogatory. The space must be reasonably sufficient to enable the
answering party to insert the answer within the space. If sufficient
space is not provided, the answering party may attach additional
pages with answers and refer to them in the space provided in the
interrogatories. Interrogatories must be served on the party to
whom the interrogatories are directed and copies must be served on
all other parties. A certificate of service of the interrogatories must
be filed, giving the date of service and the name of the party to
whom they were directed. The answers to the interrogatories must
be served on the party originally propounding the interrogatories
and a copy must be served on all other parties by the answering
party. The original or any copy of the answers to interrogatories
may be filed in compliance with Florida Rule of General Practice
and Judicial Administration 2.425 and rule 12.280(j) by any party
when the court should consider the answers to interrogatories in
determining any matter pending before the court. The court may
order a copy of the answers to interrogatories filed at any time when
the court determines that examination of the answers to
interrogatories is necessary to determine any matter pending before
the court.

Commentary
1995 Adoption. For parties governed under the disclosure
requirements of rule 12.285(d) (income or expenses of $50,000 or
more), the answers to the interrogatories contained in Form
12.930(b) must be automatically served on the other party. For
parties governed under the disclosure requirements of rule
12.285(c) (income and expenses under $50,000), the service of the
interrogatories contained in Form 12.930(b) is optional as provided
in Florida Rule of Civil Procedure 1.340. Additionally, under this
rule, 10 additional interrogatories, including subparts, may be
submitted beyond those contained in Florida Family Law Rules of
Procedure Form 12.930(b). Leave of court is required to exceed 10
additional interrogatories. The provisions of Florida Rule of Civil
Procedure 1.340 are to govern the procedures and scope of the
additional interrogatories.
Committee Note
1997 Amendment. The rule was amended to conform to the
changes made to rule 12.285, Mandatory Disclosure.
RULE 12.350. PRODUCTION OF DOCUMENTS AND THINGS
AND ENTRY ON LAND FOR INSPECTION AND
OTHER PURPOSES
(a) Request; Scope . Any party may request any other party:
(1) to produce and permit the party making the
request, or someone acting in the requesting party’s behalf, to
inspect and copy any designated documents, including
electronically stored information, writings, drawings, graphs,
charts, photographs, audio, visual, or digital recordings, and other
data compilations from which information can be obtained,
translated, if necessary, by the party to whom the request is
directed through detection devices into reasonably usable form, that
constitute or contain matters within the scope of rule 12.280(c) and
that are in the possession, custody, or control of the party to whom
the request is directed;
(2) to inspect and copy, test, or sample any tangible
things that constitute or contain matters within the scope of rule
12.280(c) and that are in the possession, custody, or control of the
party to whom the request is directed; or
(3) to permit entry on designated land or other property
in the possession or control of the party on whom the request is
served for the purpose of inspection and measuring, surveying,
photographing, testing, or sampling the property or any designated
object or operation on it within the scope of rule 12.280(c).
(b) Procedure. Without leave of court the request may be
served on the petitioner after commencement of the action and on
any other party with or after service of the process and initial
pleading on that party. The request must set forth the items to be
inspected, either by individual item or category, and describe each
item and category with reasonable particularity. The request must
specify a reasonable time, place, and manner of making the
inspection or performing the related acts. The party to whom the
request is directed must serve a written response within 30 days
after service of the request, except that a respondent or third-party
defendant may serve a response within 45 days after service of the
process and initial pleading on that respondent or third-party
defendant. The court may allow a shorter or longer time. For each
item or category, the response must state that inspection and
related activities will be permitted as requested unless the request
is objected to, in which event the reasons for the objection must be
stated. If an objection is made to part of an item or category, the
part must be specified. When producing documents, the response
must include an accompanying notice filed in compliance with Rule
of General Practice and Judicial Administration 2.425 with the
court that states with specificity each document produced. When
producing documents, the producing party must either produce
them as they are kept in the usual course of business or must
identify them to correspond with the categories in the request. A
request for electronically stored information may specify the form or
forms in which electronically stored information is to be produced.
If the responding party objects to a requested form, or if no form is
specified in the request, the responding party must state the form
or forms it intends to use. If a request for electronically stored
information does not specify the form of production, the producing
party must produce the information in a form or forms in which it is
ordinarily maintained or in a reasonably usable form or forms. The
party submitting the request may move for an order under rule
12.380 concerning any objection, failure to respond to the request,
or any part of it, or failure to permit the inspection as requested.
(c) Persons Not Parties. This rule does not preclude an
independent action against a person not a party for production of
documents and things and permission to enter on land.
(d) Filing of Documents. Unless required by the court, a
party shall not file any of the documents or things produced with
the response, although a party must include an accompanying
notice filed in compliance with Rule of General Practice and Judicial
Administration 2.425 with the court that states with specificity each
document produced. Documents or things may be filed in
compliance with Florida Rule of General Practice and Judicial
Administration 2.425 and rule 12.280(j) when they should be
considered by the court in determining a matter pending before the
court.
RULE 12.351. PRODUCTION OF DOCUMENTS AND THINGS
WITHOUT DEPOSITION
(a) Request; Scope. A party may seek inspection and
copying of any documents or things within the scope of rule
12.350(a) from a person who is not a party by issuance of a
subpoena directing the production of the documents or things when
the requesting party does not seek to depose the custodian or other
person in possession of the documents or things. This rule provides
the exclusive procedure for obtaining documents or things by
subpoena from nonparties without deposing the custodian or other
person in possession of the documents or things under rule 12.310.
(b) Procedure. A party desiring production under this rule
must serve notice as provided in Florida Rule of General Practice
and Judicial Administration 2.516 on every other party of the intent
to serve a subpoena under this rule at least 10 days before the
subpoena is issued if service is by delivery, facsimile, or e-mail and
15 days before the subpoena is issued if the service is by mail. The
proposed subpoena must be attached to the notice and must state
the time, place, and method for production of the documents or
things, and the name and address of the person who is to produce
the documents or things, if known, and if not known, a general
description sufficient to identify the person or the particular class
or group to which the person belongs; must include a designation of
the items to be produced; and must state that the person who will
be asked to produce the documents or things has the right to object
to the production under this rule and that the person will not be
required to surrender the documents or things. A copy of the notice
and proposed subpoena shall not be furnished to the person on
whom the subpoena is to be served. If any party serves an objection
to production under this rule within 10 days of service of the notice,
if service is by delivery, facsimile, or email or within 15 days if
services is by mail, the documents or things must not be produced
pending resolution of the objection in accordance with subdivision
(d).
(c) Subpoena. If no objection is made by a party under
subdivision (b), an attorney of record in the action may issue a
subpoena or the party desiring production must deliver to the clerk
for issuance a subpoena together with a certificate of counsel or pro
se party that no timely objection has been received from any party,
and the clerk must issue the subpoena and deliver it to the party
desiring production. Service within the state of Florida of a
nonparty subpoena is deemed sufficient if it complies with rule
12.410(d) or if (1) service is accomplished by mail or hand delivery
by a commercial delivery service, and (2) written confirmation of
delivery, with the date of service and the name and signature of the
person accepting the subpoena, is obtained and filed by the party
seeking production. The subpoena must be identical to the copy
attached to the notice and must specify that no testimony may be
taken and must require only production of the documents or things
specified in it. The subpoena may give the recipient an option to
deliver or mail legible copies of the documents or things to the party
serving the subpoena. The person on whom the subpoena is served
may condition the preparation of copies on the payment in advance
of the reasonable costs of preparing the copies. The subpoena may
require production only in the county of the residence of the
custodian or other person in possession of the documents or things
or in the county where the documents or things are located or
where the custodian or person in possession usually conducts
business. If the person on whom the subpoena is served objects at
any time before the production of the documents or things, the
documents or things will not be produced under this rule, and relief
may be obtained under rule 12.310.
(d) Ruling on Objection. If an objection is made by a party
under subdivision (b), the party desiring production may file a
motion with the court seeking a ruling on the objection or may
proceed under rule 12.310.
(e) Copies Furnished. If the subpoena is complied with by
delivery or mailing of copies as provided in subdivision (c), the party
receiving the copies may furnish a legible copy of each item
furnished to any other party who requests it upon the payment of
the reasonable cost of preparing the copies.
(f) Independent Action. This rule does not affect the right
of any party to bring an independent action for production of
documents and things or permission to enter on land.
Committee Note
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.
RULE 12.360. EXAMINATION OF PERSONS
(a) Request; Scope.
(1) A party may request any other party to submit to, or
to produce a person in that other party’s custody or legal control
for, examination by a qualified expert when the condition that is the
subject of the requested examination is in controversy.
Examinations may include, but are not limited to, examinations
involving physical or mental condition, employability or vocational
testing, genetic testing, or any other type of examination related to a
matter in controversy.
(A) When the physical condition of a party or other
person under subdivision (a)(1) is in controversy, the request may
be served on the party or other persons without leave of court after
commencement of the action, and on any other person or party with
or after service of the process and initial pleading. The request must
specify a reasonable time, place, manner, conditions, and scope of
the examination and the person or persons by whom the
examination is to be made. The party to whom the request is
directed must serve a response within 30 days after service of the
request, except that a respondent need not serve a response until
45 days after service of the process and initial pleading on that
respondent. The court may allow a shorter or longer time. The
response must state that the examination will be permitted as
requested unless the request is objected to, in which event the
reasons for the objection must be stated. If the examination is to be
recorded or observed by others, the request or response must also
include the number of people attending, their role, and the method
or methods of recording.
(B) In cases in which the condition in controversy
is not physical, a party may move for an examination by a qualified
expert as in subdivision (a)(1). The order for examination may be
made only after notice to the person to be examined and to all
parties, and must specify the time, place, manner, conditions, and
scope of the examination and the person or persons by whom it is
to be made.
(C) The examination of a minor child is governed
by rule 12.363.
(D) Social investigations are governed by rule
12.364.
(2) An examination under this rule is authorized only
when the party submitting the request has good cause for the
examination. At any hearing the party submitting the request has
the burden of showing good cause.
(3) On request of either the party requesting the
examination or the party or person to be examined, the court may
establish protective rules governing such examination.
(b) Report of Examiner.
(1) If requested by the party to whom a request for
examination or against whom an order is made under subdivision
(a)(1)(A) or (a)(1)(B) or by the person examined, the party requesting
the examination must deliver to the other party a copy of a detailed
written report of the examiner setting out the examiner’s findings,
including results of all tests made, diagnosis, and conclusions, with
similar reports of all earlier examinations of the same condition.
After delivery of the detailed written report, the party requesting the
examination is entitled, on request, to receive from the party to
whom the request for examination or against whom the order is
made a similar report of any examination of the same condition
previously or thereafter made, unless in the case of a report of
examination of a person not a party the party shows the inability to
obtain it. On motion, the court may order delivery of a report on
such terms as are just; and if an examiner fails or refuses to make
a report, the court may exclude the examiner’s testimony if offered
at the trial.
(2) By requesting and obtaining a report of the
examination so ordered or requested or by taking the deposition of
the examiner, the party examined waives any privilege that party
may have in that action or any other involving the same controversy
regarding the testimony of every other person who has examined or
may thereafter examine that party concerning the same condition.
(3) This subdivision applies to examinations made by
agreement of the parties unless the agreement provides otherwise.
This subdivision does not preclude discovery of a report of an
examiner or taking the deposition of the examiner in accordance
with any other rule.
(c) Examiner as Witness. The examiner may be called as a
witness by any party to the action, but is not to be identified as
appointed by the court.
Commentary
1995 Adoption. This rule expands Florida Rule of Civil
Procedure 1.360 to specify common examinations in family law
matters, but this rule is not intended to be an exclusive list of
allowable examinations. Rule 1.360 should be interpreted to
discourage subjecting children to multiple interviews, testing, and
evaluations.
RULE 12.363. EVALUATION OF MINOR CHILD
(a) Appointment of Expert.
(1) The court, on motion of any party or the court’s own
motion, may appoint an expert for an examination, evaluation,
testing, or interview of any minor child. The parties may agree on
the particular expert to be appointed, subject to approval by the
court. If the parties have agreed, they shall submit an order
including the name, address, telephone number, area of expertise,
and professional qualifications of the expert. If there has been a
determination of the need for the appointment of an expert and the
parties cannot agree on the selection of the expert, the court shall
appoint an expert.
(2) After the examination, evaluation, or investigation,
any party may file a motion for an additional expert examination,
evaluation, interview, testing, or investigation by another expert.
The court upon hearing may permit the additional examination,
evaluation, testing, or interview only on a showing of good cause
and only upon a finding that further examinations, testing,
interviews, or evaluations would be in the best interests of the
minor child.
(3) Any order entered under this rule shall specify the
issues to be addressed by the expert.
(4) Any order entered under this rule may require that
all interviews of the child be recorded and the tapes be maintained
as part of the expert’s file.
(5) The order appointing the expert shall include an
initial allocation of responsibility for payment.
(6) A copy of the order of appointment shall be provided
immediately to the expert by the court unless otherwise directed by
the court. The order shall direct the parties to contact the expert
appointed by the court to establish an appointment schedule to
facilitate timely completion of the evaluation.
(b) Providing of Reports.
(1) Unless otherwise ordered, the expert shall prepare
and provide a written report to each party and the guardian ad
litem, if appointed, a reasonable time before any evidentiary hearing
on the matter at issue. The expert also shall send written notice to
the court that the report has been completed and that a copy of the
written report has been provided to each party and the guardian ad
litem, if appointed. In any event, the written report shall be
prepared and provided no later than 30 days before trial or 75 days
from the order of appointment, unless the time is extended by order
of the court. The expert shall not send a copy of the report to the
court unless the parties and their attorneys have agreed in writing
that the report will be considered by the court and filed in the court
files as provided in subdivision (e).
(2) On motion of any party, the court may order the
expert to produce the expert’s complete file to another expert at the
initial cost of the requesting party, for review by such expert, who
may testify.
(c) Testimony of Other Experts. Any other expert who has
treated, tested, interviewed, examined, or evaluated a child may
testify only if the court determines that good cause exists to permit
the testimony. The fact that no notice of such treatment, testing,
interview, examination, or evaluation of a child was given to both
parents shall be considered by the court as a basis for preventing
such testimony.
(d) Communications with Court by Expert. No expert may
communicate with the court without prior notice to the parties, who
shall be afforded the opportunity to be present and heard during
any such communication between the expert and the court. A
request for communication with the court may be informally
conveyed by letter or telephone. Further communication with the
court, which may be conducted informally, shall be done only with
notice to the parties.
(e) Use of Evidence. An expert appointed by the court shall
be subject to the same examination as a privately retained expert
and the court shall not entertain any presumption in favor of the
appointed expert’s findings. Any finding or report by an expert
appointed by the court may be entered into evidence on the court’s
own motion or the motion of any party in a manner consistent with
the rules of evidence, subject to cross-examination by the parties.
Any report filed with the court shall be in compliance with Florida
Rule of General Practice and Judicial Administration 2.425. The
report shall not be filed in the court file unless or until it is properly
admitted into evidence and considered by the court. The court
shall consider whether the report should be sealed as provided by
Florida Rule of General Practice and Judicial Administration 2.420.
(f) Limitation of Scope. This rule shall not apply to
parenting coordinators or social investigators.
Committee Note
1997 Adoption. This rule should be interpreted to discourage
subjecting children to multiple interviews, testing, and evaluations,
without good cause shown. The court should consider the best
interests of the child in permitting evaluations, testing, or
interviews of the child. The parties should cooperate in choosing a
mental health professional or individual to perform this function to
lessen the need for multiple evaluations.
This rule is not intended to prevent additional mental health
professionals who have not treated, interviewed, or evaluated the
child from testifying concerning review of the data produced
pursuant to this rule.
This rule is not intended to prevent a mental health
professional who has engaged in long-term treatment of the child
from testifying about the minor child.
RULE 12.364. SOCIAL INVESTIGATIONS
(a) Applicable to Social Investigations. This rule shall
apply to the appointment of an investigator to conduct a social
investigation and study under section 61.20, Florida Statutes.
(b) Appointment of Social Investigator. When the issue of
time-sharing, parental responsibility, ultimate decision-making, or
a parenting plan for a minor child is in controversy, the court, on
motion of any party or the court’s own motion, may appoint an
investigator under section 61.20, Florida Statutes. The parties may
agree on the particular investigator to be appointed, subject to
approval by the court. If the parties have agreed on the need for a
social investigation or the court has determined there is such need,
and the parties cannot agree on the selection, the court shall select
and appoint an investigator. The social investigator must be
qualified as an expert under section 90.702, Florida Statutes, to
testify regarding the written study.
(c) Order for Social Investigation. The order for a social
investigation shall state whether this is an initial establishment of a
parenting plan or a modification of an existing parenting plan. The
investigator shall be required to consider the best interests of the
child based upon all of factors affecting the welfare and interest of
the particular minor child and the circumstances of that family,
including, but not limited to the statutory factors set forth in
section 61.13, Florida Statutes.
(d) Order Appointing Social Investigator. An order
appointing a social investigator shall state that the investigator is
being appointed under section 61.20, Florida Statutes, and shall
state:
(1) The name, address, and telephone number for each
parent.
(2) The name, address, and telephone number of the
investigator being appointed.
(3) Any specific issues to be addressed.
(4) An initial allocation of responsibility for payment of
the costs for the social investigation. The court may consider taxing
the costs at a final hearing.
(5) The order shall direct the parties to contact the
investigator appointed by the court to establish an appointment
schedule to facilitate timely completion of the investigation. A copy
of the order of appointment shall be provided immediately to the
investigator by the court, unless otherwise directed by the court.
(e) Written Study with Recommendations. The
investigator shall prepare a written study with recommendations
regarding a parenting plan, including a written statement of facts
found in the social investigation on which the recommendations are
based. The written study with recommendations shall be furnished
to the court and a copy provided to all parties of record by the
investigator at least 30 days before any hearing at which the court
is to consider the written study and recommendations, unless
otherwise ordered by the court.
(f) Additional Investigation. After the written study is
furnished to the court, any party may file a motion for an additional
expert examination, evaluation, interview, testing, or investigation.
The court upon hearing may order the additional examination,
evaluation, testing, or interview of the minor child based on the
court finding that the investigation is insufficient and that further
examinations, testing, interviews, or evaluations of the minor child
would be in the best interests of the minor child.
(g) Production of File. On motion of any party, the court
may order the investigator to produce the investigator’s complete
file to another qualified investigator for review by such investigator,
who may render an opinion and testify.
RULE 12.365. EXPERT WITNESSES
(a) Application. The procedural requirements in this rule
apply whenever an expert is appointed by the court or retained by a
party. This rule applies to all experts including, but not limited to,
medical, psychological, social, financial, vocational, and economic
experts.
(b) Communication with Court by Expert. No expert may
communicate with the court without prior notice to the parties and
their attorneys, who must be afforded the opportunity to be present
and heard during the communication between the expert and the
court. A request for communication with the court may be conveyed
informally by letter or telephone. Further communication with the
court, which may be conducted informally, may be done only with
notice to all parties.
(c) Use of Evidence. The court may not entertain any
presumption in favor of a court-appointed expert’s opinion. Any
opinion by an expert may be entered into evidence on the court’s
own motion or the motion of any party in a manner consistent with
the rules of evidence, subject to cross-examination by the parties.
(d) Evaluation of Minor Child. This rule does not apply to
any evaluation of a minor child under rule 12.363.
Committee Note
1998 Adoption. This rule establishes the procedure to be
followed for the use of experts. The District Court of Appeal, Fourth
District, has encouraged the use of court-appointed experts to
review financial information and reduce the cost of divorce
litigation. Tomaino v. Tomaino , 629 So.2d 874 (Fla. 4th DCA 1993).
Additionally, section 90.615(1), Florida Statutes, allows the court to
call witnesses whom all parties may cross-examine. See also Fed. R.
Evid. 706 (trial courts have authority to appoint expert witnesses).
RULE 12.370. REQUESTS FOR ADMISSION
(a) Request for Admission.
(1) Service of Request. A party may serve on any other
party a written request for the admission of the truth of any matters
within the scope of rule 12.280(c), set forth in the request that
relate to statements or opinions of fact or of the application of law
to fact, including the genuineness of any documents described in
the request. The request and any response must comply with
Florida Rule of General Practice and Judicial Administration 2.425.
Copies of documents must be served with the request unless they
have been or are otherwise furnished or made available for
inspection and copying. However, documents attached to the
request for admission may not be filed with the court and may only
be attached to the copy served on the party to whom the request for
admission is directed. Without leave of court the request may be
served on the petitioner after commencement of the action and on
any other party with or after service of the process and initial
pleading on that party.
(2) Limit on Number of Requests. The request for
admission may not exceed 30 requests, including all subparts,
unless the court permits a larger number on motion and notice and
for good cause, or the parties propounding and responding to the
requests stipulate to a larger number. Each matter of which an
admission is requested must be separately set forth.
(3) Answer or Objection to Request. The matter is
admitted unless the party to whom the request is directed serves on
the party requesting the admission a written answer or objection
addressed to the matter within 30 days after service of the request
or such shorter or longer time as the court may allow but, unless
the court shortens the time, a respondent will not be required to
serve answers or objections before the expiration of 45 days after
service of the process and initial pleading on the respondent. If
objection is made, the reasons must be stated. The answer must
specifically deny the matter or set forth in detail the reasons why
the answering party cannot truthfully admit or deny the matter. A
denial must fairly meet the substance of the requested admission,
and when good faith requires that a party qualify an answer or deny
only a part of the matter of which an admission is requested, the
party must specify so much of it as is true and qualify or deny the
remainder. An answering party may not give lack of information or
knowledge as a reason for failure to admit or deny unless that party
states that that party has made reasonable inquiry and that the
information known or readily obtainable by that party is insufficient
to enable that party to admit or deny. A party who considers that a
matter of which an admission has been requested presents a
genuine issue for trial may not object to the request on that ground
alone; the party may deny the matter or set forth reasons why the
party cannot admit or deny it, subject to rule 12.380(c).
(4) Motion to Determine Sufficiency of Answers or
Objections. The party who has requested the admissions may move
to determine the sufficiency of the answers or objections. Unless the
court determines that an objection is justified, it must order that an
answer be served. If the court determines that an answer does not
comply with the requirements of this rule, it may order either that
the matter is admitted or that an amended answer be served.
Instead of these orders the court may determine that final
disposition of the request be made at a pretrial conference or at a
designated time before trial. The provisions of rule 12.380(a)(4)
apply to the award of expenses incurred in relation to the motion.
(b) Effect of Admission. Any matter admitted under this
rule is conclusively established unless the court on motion permits
withdrawal or amendment of the admission. Subject to rule 12.200
governing amendment of a pretrial order, the court may permit
withdrawal or amendment when the presentation of the merits of
the action will be subserved by it and the party who obtained the
admission fails to satisfy the court that withdrawal or amendment
will prejudice that party in maintaining an action or defense on the
merits. Any admission made by a party under this rule is for the
purpose of the pending action only and is not an admission for any
other purpose nor may it be used against that party in any other
proceeding.
RULE 12.380. FAILURE TO MAKE DISCOVERY; SANCTIONS
(a) Motion for Order Compelling Discovery. On reasonable
notice to other parties and all persons affected, a party may apply
for an order compelling discovery as follows:
(1) Appropriate Court. An application for an order to a
party may be made to the court in which the action is pending or in
accordance with rule 12.310(d). An application for an order to a
deponent who is not a party must be made to the circuit court
where the deposition is being taken.
(2) Motion. If a deponent fails to answer a question
propounded or submitted under rule 12.310 or 12.320, or a
corporation or other entity fails to make a designation under rule
12.310(b)(6) or 12.320(a), or a party fails to answer an interrogatory
submitted under rule 12.340, or if a party in response to a request
for inspection submitted under rule 12.350 fails to respond that
inspection will be permitted as requested or fails to permit
inspection as requested, or if a party in response to a request for
examination of a person submitted under rule 12.360(a) objects to
the examination, fails to respond that the examination will be
permitted as requested, or fails to submit to or to produce a person
in that party’s custody or legal control for examination, or if any
person fails to comply with any discovery request or requirement
under the Florida Family Law Rules of Procedure, including, but not
limited to, the failure to comply with rule 12.285, the discovering
party may move for an order compelling an answer, or a designation
or an order compelling inspection, or an order compelling an
examination in accordance with the request. The motion must
include a certification that the movant, in good faith, has conferred
or attempted to confer with the person or party failing to make the
discovery in an effort to secure the information or material without
court action. When taking a deposition on oral examination, the
proponent of the question may complete or adjourn the examination
before applying for an order. If the court denies the motion in whole
or in part, it may make such protective order as it would have been
empowered to make on a motion made under rule 12.280(d).
(3) Evasive or Incomplete Answer. For purposes of this
subdivision an evasive or incomplete answer shall be treated as a
failure to answer.
(4) Award of Expenses of Motion. If the motion is
granted and after opportunity for hearing, the court must require
the party or deponent whose conduct necessitated the motion or the
party or counsel advising the conduct to pay to the moving party
the reasonable expenses incurred in obtaining the order that may
include attorneys’ fees, unless the court finds that the movant failed
to certify in the motion that a good faith effort was made to obtain
the discovery without court action, that the opposition to the
motion was substantially justified, or that other circumstances
make an award of expenses unjust. If the motion is denied and after
opportunity for hearing, the court must require the moving party to
pay to the party or deponent who opposed the motion the
reasonable expenses incurred in opposing the motion that may
include attorneys’ fees, unless the court finds that the making of
the motion was substantially justified or that other circumstances
make an award of expenses unjust. If the motion is granted in part
and denied in part, the court may apportion the reasonable
expenses incurred as a result of making the motion among the
parties and persons.
(b) Failure to Comply with Order.
(1) If a deponent fails to be sworn or to answer a
question after being directed to do so by the court, the failure may
be considered a contempt of the court.
(2) If a party or an officer, director, or managing agent
of a party or a person designated under rule 12.310(b)(6) or
12.320(a) to testify on behalf of a party fails to obey an order to
provide or permit discovery, including an order made under
subdivision (a) of this rule or rule 12.360, the court in which the
action is pending may make any of the following orders:
(A) An order that the matters regarding which the
questions were asked or any other designated facts shall be taken
to be established for the purposes of the action in accordance with
the claim of the party obtaining the order.
(B) An order refusing to allow the disobedient
party to support or oppose designated claims or defenses, or
prohibiting that party from introducing designated matters in
evidence.
(C) An order striking out pleadings or parts of
them or staying further proceedings until the order is obeyed, or
dismissing the action or proceeding or any part of it, or rendering a
judgment by default against the disobedient party.
(D) Instead of any of the foregoing orders or in
addition to them, an order treating as a contempt of court the
failure to obey any orders except an order to submit to an
examination made under rule 12.360(a)(1)(B) or subdivision (a)(2) of
this rule.
(E) When a party has failed to comply with an
order under rule 12.360(a)(1)(B) requiring that party to produce
another for examination, the orders listed in subdivisions (b)(2)(A)–
(b)(2)(C), unless the party failing to comply shows the inability to
produce the person for examination.
Instead of any of the foregoing orders or in addition to
them, the court must require the party failing to obey the order to
pay the reasonable expenses caused by the failure, which may
include attorneys’ fees, unless the court finds that the failure was
substantially justified or that other circumstances make an award
of expenses unjust. Alternatively, the court may defer ruling on the
party’s motion for sanctions until the conclusion of the matter in
controversy.
(c) Expenses on Failure to Admit. If a party fails to admit
the genuineness of any document or the truth of any matter as
requested under rule 12.370 and if the party requesting the
admissions proves the genuineness of the document or the truth of
the matter, the requesting party may file a motion for an order
requiring the other party to pay the requesting party the reasonable
expenses incurred in making that proof, which may include
attorneys’ fees. The court may issue such an order at the time a
party requesting the admissions proves the genuineness of the
document or the truth of the matter, upon motion by the requesting
party, unless it finds that
(1) the request was held objectionable under rule
12.370(a)(3),
(2) the admission sought was of no substantial
importance, or
(3) there was other good reason for the failure to admit.
(d) Failure of Party to Attend at Own Deposition or Serve
Answers to Interrogatories or Respond to Request for
Inspection. If a party or an officer, director, or managing agent of a
party or a person designated under rule 12.310(b)(6) or 12.320(a) to
testify on behalf of a party fails
(1) to appear before the officer who is to take the
deposition after being served with a proper notice,
(2) to serve answers or objections to interrogatories
submitted under rule 12.340 after proper service of the
interrogatories, or
(3) to serve a written response to a request for
inspection submitted under rule 12.350 after proper service of the
request, the court in which the action is pending may take any
action authorized under subdivisions (b)(2)(A)–(b)(2)(C) of this rule.
Any motion specifying a failure under subdivisions (d)(2) or
(d)(3) must include a certification that the movant, in good faith,
has conferred or attempted to confer with the party failing to
answer or respond in an effort to obtain such answer or response
without court action. Instead of any order or in addition to it, the
court may require the party failing to act to pay the reasonable
expenses caused by the failure, which may include attorneys’ fees,
unless the court finds that the failure was substantially justified or
that other circumstances make an award of expenses unjust. The
failure to act described in this subdivision may not be excused on
the ground that the discovery sought is objectionable unless the
party failing to act has applied for a protective order as provided by
rule 12.280(d).
(e) Electronically Stored Information; Sanctions for
Failure to Preserve. Absent exceptional circumstances, a court
may not impose sanctions under these rules on a party for failing to
provide electronically stored information lost as a result of the
routine, good faith operation of an electronic information system.
RULE 12.390. DEPOSITIONS OF EXPERT WITNESSES
(a) Definition. The term “expert witness” as used herein
applies exclusively to a person duly and regularly engaged in the
practice of a profession who holds a professional degree from a
university or college and has had special professional training and
experience, or one possessed of special knowledge or skill about the
subject upon which called to testify.
(b) Procedure. The testimony of an expert or skilled witness
may be taken at any time before the trial in accordance with the
rules for taking depositions and may be used at trial, regardless of
the place of residence of the witness or whether the witness is
within the distance prescribed by rule 12.330(a)(3)(B). No special
form of notice need be given that the deposition will be used for
trial.
(c) Fee. An expert or skilled witness whose deposition is
taken must be allowed a witness fee in such reasonable amount as
the court may determine. The court must also determine a
reasonable time within which payment must be made, if the
deponent and party cannot agree. All parties and the deponent
must be served with notice of any hearing to determine the fee. Any
reasonable fee paid to an expert or skilled witness may be taxed as
costs.
(d) Applicability. Nothing in this rule prevents the taking of
any deposition as otherwise provided by law.
RULE 12.400. CONFIDENTIALITY OF RECORDS AND
PROCEEDINGS
(a) Closure of Proceedings or Records. Closure of court
proceedings or sealing of records may be ordered by the court only
as provided by Florida Rule of General Practice and Judicial
Administration 2.420.
(b) Filing of Sensitive Information. All documents
containing sensitive information must be filed in conformity with
Florida Rule of General Practice and Judicial Administration 2.425.
(c) In Camera Inspections. The court must conduct an in
camera inspection of any records sought to be sealed and consider
the contents of the records in determining whether they should be
sealed.
(d) Conditional Sealing of Financial Information.
(1) The court has the authority to conditionally seal the
financial information required by rule 12.285 if it is likely that
access to the information would subject a party to abuse, such as
the use of the information by third parties for purposes unrelated to
government or judicial accountability or to first amendment rights.
Any such order sealing the financial information is conditional in
that the information must be disclosed to any person who
establishes that disclosure of the information is necessary for
government or judicial accountability or has a proper first
amendment right to the information.
(2) Notice of conditional sealing is as required by
Florida Rule of General Practice and Judicial Administration 2.420.
(3) Upon receipt of a motion to reopen conditionally
sealed financial information, the court must schedule a hearing on
the motion with notice provided to the movant and parties.
Commentary
1995 Adoption. Judicial proceedings and records should be
public except when substantial compelling circumstances,
especially the protection of children or of business trade secrets,
require otherwise. Family law matters frequently present such
circumstances. It is intended that this rule be applied to protect the
interests of minor children from offensive testimony and to protect
children in a divorce proceeding.
2003 Amendment. The adoption of a procedure for
conditional sealing of the financial information does not change the
burden of proof for closure of filed records of court proceedings set
forth in Barron v. Florida Freedom Newspapers, Inc. , 531 So.2d 113,
118 (Fla. 1988).
RULE 12.407. TESTIMONY AND ATTENDANCE OF MINOR
CHILD
(a) Prohibition. Unless otherwise provided by law or another
rule of procedure, children who are witnesses, potential witnesses,
or related to a family law case, are prohibited from being deposed or
brought to a deposition, from being subpoenaed to appear at any
family law proceeding, or from attending any family law proceedings
without prior order of the court based on good cause shown. In
addition to in-person proceedings, this rule applies to family law
proceedings held remotely via communication technology. The
parties, counsel, and the court must ensure that children are not
present or nearby during any remote proceedings or able to
overhear any remote proceedings.
(b) Related Proceedings. In a family law proceeding held
concurrently with a proceeding governed by the Florida Rules of
Juvenile Procedure, the Florida Rules of Juvenile Procedure govern
as to the child’s appearance in court.
(c) Uncontested Adoption. This rule does not apply to
uncontested adoption proceedings.
Commentary
1995 Adoption. This rule is intended to afford additional
protection to minor children by avoiding any unnecessary
involvement of children in family law litigation. While due process
considerations prohibit an absolute ban on child testimony, this
rule requires that a judge determine whether a child’s testimony is
necessary and relevant to issues before the court prior to a child
being required to testify.
2022 Amendment. The ambit of the rule is expanded to
include remote proceedings conducted via communication
technology and requires the court, parties, and counsel to ensure
that minor children are not present during or do not overhear such
remote proceedings.
Committee Notes
2018 Amendment. This rule is not intended to prohibit
children who are unrelated to the litigation from attending court or
depositions in family law cases for educational purposes and other
reasons. This rule is intended to protect children who may be
harmed by unnecessary involvement in family law proceedings.
Children who may be harmed by unnecessary involvement include
children who may be the subject of the family law case and children
who are witnesses, are potential witnesses, or have extensive
involvement with the family that is the subject of a current family
law case.
RULE 12.410. SUBPOENA
(a) Subpoenas Generally. Subpoenas for testimony before
the court, subpoenas for production of tangible evidence, and
subpoenas for taking depositions may be issued by the clerk of
court or by any attorney of record in an action. No subpoena issued
under this rule, even if for the purpose of proof of service or
nonservice of the subpoena, shall be filed with the court unless in
compliance with Florida Rule of Judicial Administration 2.425.
(b) Subpoena for Testimony Before the Court.
(1) Every subpoena for testimony before the court must
be issued by an attorney of record in an action or by the clerk
under the seal of the court and must state the name of the court
and the title of the action and must command each person to whom
it is directed to attend and give testimony at a time and place
specified in it.
(2) On oral request of an attorney or party, the clerk
must issue a subpoena for testimony before the court or a
subpoena for the production of documentary evidence before the
court signed and sealed but otherwise in blank, both as to the title
of the action and the name of the person to whom it is directed, and
the subpoena must be filled in before service by the attorney or
party.
(c) For Production of Documentary Evidence.
(1) Generally. A subpoena may also command the
person to whom it is directed to produce the books, papers,
documents (including electronically stored information), or tangible
things designated therein, but the court, on motion made promptly
and in any event at or before the time specified in the subpoena for
compliance with it, may:
(A) quash or modify the subpoena if it is
unreasonable and oppressive, or
(B) condition denial of the motion upon the
advancement by the person in whose behalf the subpoena is issued
of the reasonable cost of producing the books, papers, documents,
or tangible things.
A party seeking a production of evidence at trial which
would be subject to a subpoena may compel such production by
serving a notice to produce such evidence on an adverse party as
provided in rule 12.080(a). Such notice shall have the same effect
and be subject to the same limitations as a subpoena served on the
party.
(2) Compliance with Rule 2.425. Any notice to produce
issued under this rule must comply with Florida Rule of Judicial
Administration 2.425.
(d) Service.
A subpoena may be served by any person authorized by
law to serve process or by any other person who is not a party and
who is not less than 18 years of age. Service of a subpoena on a
person named in it shall be made as provided by law. Proof of such
service shall be made by affidavit of the person making service
except as applicable under rule 12.351(c) for the production of
documents and things by a nonparty without deposition, if not
served by an officer authorized by law to do so.
(e) Subpoena for Taking Depositions.
(1) Filing a notice to take a deposition as provided in
rule 12.310(b) or 12.320(a) with a certificate of service on it showing
service on all parties to the action constitutes an authorization for
the issuance of subpoenas for the persons named or described in
the notice by the clerk of the court in which the action is pending or
by an attorney of record in the action. The subpoena must state the
method for recording the testimony. A party intending to
audiovisually record a deposition must state in the subpoena that
the deposition is to be audiovisually recorded and identify the
method for audiovisually recording the deposition, including, if
applicable, the name and address of the operator of the audiovisual
recording equipment. If a party intends to take a deposition by
communication technology, the subpoena must state the deposition
is to be taken using communication technology, identify the specific
form of communication technology to be used, and provide
instructions for access to the communication technology. The
subpoena may command the person to whom it is directed to
produce designated books, papers, documents, or tangible things
that constitute or contain evidence relating to any of the matters
within the scope of the examination permitted by rule 12.280(c), but
in that event the subpoena will be subject to the provisions of rule
12.280(d) and subdivision (c) of this rule. Within 10 days after its
service, or on or before the time specified in the subpoena for
compliance if the time is less than 10 days after service, the person
to whom the subpoena is directed may serve written objection to
inspection or copying of any of the designated materials. If objection
is made, the party serving the subpoena shall not be entitled to
inspect and copy the materials except pursuant to an order of the
court from which the subpoena was issued. If objection has been
made, the party serving the subpoena may move for an order at any
time before or during the taking of the deposition upon notice to the
deponent.
(2) A person may be required to attend an examination
only in the county in which the person resides or is employed or
transacts business in person or at such other convenient place as
may be fixed by an order of court.
(f) Contempt. Failure by any person without adequate
excuse to obey a subpoena served on that person may be deemed a
contempt of the court from which the subpoena issued.
(g) Depositions before Commissioners Appointed in this
State by Courts of Other States; Subpoena Powers; etc. When
any person authorized by the laws of Florida to administer oaths is
appointed by a court of record of any other state, jurisdiction, or
government as commissioner to take the testimony of any named
witness within this state, that witness may be compelled to attend
and testify before that commissioner by witness subpoena issued by
the clerk of any circuit court at the instance of that commissioner
or by other process or proceedings in the same manner as if that
commissioner had been appointed by a court of this state; provided
that no document or paper writing shall be compulsorily annexed
as an exhibit to such deposition or otherwise permanently removed
from the possession of the witness producing it, but in lieu thereof
a copy may be annexed to and transmitted with such executed
commission to the court of issuance.
(h) Subpoena of Minor. Any minor subpoenaed for
testimony has the right to be accompanied by a parent, guardian,
guardian ad litem, or attorney ad litem at all times during the
taking of testimony notwithstanding the invocation of the rule of
sequestration of section 90.616, Florida Statutes, except on a
showing that the presence of a parent or guardian is likely to have a
material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian
are in actual or potential conflict with the interests of the minor.
The provisions of this subdivision do not alter the requirements of
rule 12.407 that a court order must be obtained before a minor
child may be subpoenaed to appear at a hearing.
Committee Note
2008 Amendment. The provisions of Fla. R. Civ. P. 1.410(h)
do not alter the requirements of rule 12.407 that a court order must
be obtained before a minor child may be subpoenaed to appear at a
hearing.
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.
RULE 12.420. DISMISSAL OF ACTIONS
(a) Voluntary Dismissal.
(1) By Parties. An action or a claim may be dismissed
(A) before trial by serving, or during trial by
stating on the record, a notice of dismissal at any time before a
hearing on motion for summary judgment, or if none is served or if
the motion is denied, before retirement of the jury in a case tried
before a jury or before submission of a nonjury case to the court for
decision; or
(B) by filing a stipulation of dismissal signed by all
current parties to the action.
(2) By Order of Court; Counterpetition. Except as
provided in subdivision (a)(1), an action may not be dismissed at a
party’s request except on order of the court and on such terms and
conditions as the court deems proper. If the petitioner files a notice
of dismissal of the original petition after a counterpetition is served
by the respondent, the counterpetition shall not be automatically
dismissed.
(3) Adjudication on the Merits. Unless otherwise
specified in a notice of stipulation, a voluntary dismissal is without
prejudice and does not operate as an adjudication on the merits.
(b) Involuntary Dismissal. Any party may move for
dismissal of an action or of any claim against that party for failure
of an adverse party to comply with these rules or any order of court.
After a party seeking affirmative relief in an action has completed
the presentation of evidence, any other party may move for a
dismissal on the ground that on the facts and the law the party
seeking affirmative relief has shown no right to relief, without
waiving the right to offer evidence if the motion is not granted.
Involuntary dismissal for lack of jurisdiction, improper venue, or
lack of an indispensable party does not act as an adjudication on
the merits. All other involuntary dismissals operate as an
adjudication on the merits, unless otherwise specified by the court.
(c) Costs. Costs shall be assessed, except that the court may
not require the payment of costs of a previously dismissed claim,
which was based on or included the same claim against the same
adverse party as the current action.
(d) Failure to Prosecute. In all actions in which it appears
on the face of the record that for a period of 10 months, no activity
by filing of pleadings or order of court has occurred, and no order
staying the action has been issued nor stipulation for stay approved
by the court, any interested person, whether a party to the action or
not, the court, or the clerk of the court may serve notice to all
parties that no such activity has occurred. If no such record activity
has occurred within the 10 months immediately preceding the
service of the notice, and no record activity occurs within 60 days
immediately following the service of the notice, and if no stay was
issued or approved before the expiration of the 60-day period, the
action must be dismissed by the court on its own motion or on the
motion of any interested person, whether a party to the action or
not, after reasonable notice to the parties, unless a party shows
good cause in writing at least 5 days before the hearing on the
motion why the action should remain pending. Mere inaction for a
period of less than 1 year is not sufficient cause for dismissal for
failure to prosecute.
(e) Effect on Lis Pendens. If a notice of lis pendens has
been filed in connection with a claim for affirmative relief that is
dismissed under this rule, the notice of lis pendens connected with
the dismissed claim is automatically dissolved at the same time.
The notice, stipulation, or order must be recorded.
Commentary
1995 Adoption. Subdivision (a), which amends Florida Rule of
Civil Procedure 1.420(a)(1), was added to eliminate the language of
that subdivision which reads “except that a notice of dismissal
operates as an adjudication on the merits when served by a plaintiff
who has once dismissed in any court an action based on or
including the same claim” and to specifically provide to the
contrary. Subdivision (b), which amends rule 1.420(d), was added to
prevent the discouragement of reconciliation.
RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER
(a) Right Preserved. The right of trial by jury as declared by
the Constitution or by statute must be preserved to the parties
inviolate.
(b) Demand. Any party may demand a trial by jury of any
issue triable of right by a jury by serving on the other party a
demand in writing at any time after commencement of the action
and not later than 10 days after the service of the last pleading
directed to such issue. The demand may be endorsed on a pleading
of the party.
(c) Specification of Issues. In the demand, a party may
specify the issues that the party would like tried; otherwise, the
party is deemed to demand trial by jury for all issues so triable. If a
party has demanded trial by jury for only some of the issues, any
other party may serve a demand for trial by jury of any other or all
of the issues triable by jury 10 days after service of the demand or
such lesser time as the court may order.
(d) Juror Participation Through Audio-Video
Communication Technology. Prospective jurors may participate in
voir dire or empaneled jurors may participate in the jury trial
through audio-video communication technology, as described in
Florida Rule of General Practice and Judicial Administration 2.530,
if stipulated by the parties in writing and authorized by the court.
The written stipulation and a written motion requesting
authorization must be filed with the court within 60 days after
service of a demand under subdivision (b), or within such other
period as may be directed by the court.
(e) Waiver. A party who fails to serve a demand as required
by this rule waives trial by jury. If waived, a jury trial may not be
granted without the consent of the parties, but the court may allow
an amendment in the proceedings to demand a trial by jury or order
a trial by jury on its own motion. A demand for trial by jury may not
be withdrawn without the consent of the parties.
RULE 12.431. JURY TRIAL
(a) Generally. In those family law cases in which a jury trial
is available, this rule governs those proceedings.
(b) Questionnaire.
(1) The circuit court may direct the authority charged
by law with the selection of prospective jurors to furnish each
prospective juror with a questionnaire in the form approved by the
supreme court from time to time to assist the authority in selecting
prospective jurors. The questionnaire must be used after the names
of jurors have been selected as provided by law but before
certification and the placing of the names of prospective jurors in
the jury box. The questionnaire must be used to determine those
who are not qualified to serve as jurors under any statutory ground
of disqualification.
(2) To assist in voir dire examination at trial, any court
may direct the clerk to furnish prospective jurors selected for
service with a questionnaire in the form approved by the supreme
court from time to time. The prospective jurors shall be asked to
complete and return the forms. Completed forms may be inspected
in the clerk’s office and copies must be available in court during the
voir dire examination for use by parties and the court.
(c) Examination by Parties. The parties have the right to
examine jurors orally on their voir dire. The order in which the
parties may examine each juror is determined by the court. The
court may ask such questions of the jurors as it deems necessary,
but the right of the parties to conduct a reasonable examination of
each juror orally must be preserved.
(d) Challenge for Cause.
(1) On motion of any party, the court must examine
any prospective juror on oath to determine whether that person is
related, within the third degree, to (A) any party, (B) the attorney of
any party, or (C) any other person or entity against whom liability or
blame is alleged in the pleadings, or is related to any person alleged
to have been wronged or injured by the commission of the wrong for
the trial of which the juror is called, or has any interest in the
action, or has formed or expressed any opinion, or is sensible of any
bias or prejudice concerning it, or is an employee or has been an
employee of any party or any other person or entity against whom
liability or blame is alleged in the pleadings, within 30 days before
the trial. A party objecting to the juror may introduce any other
competent evidence to support the objection. If it appears that the
juror does not stand indifferent to the action or any of the foregoing
grounds of objection exists or that the juror is otherwise
incompetent, another must be called in that juror’s place.
(2) The fact that any person selected for jury duty from
bystanders or the body of the county and not from a jury list
lawfully selected has served as a juror in the court in which that
person is called at any other time within 1 year is a ground of
challenge for cause.
(3) When the nature of any action requires a knowledge
of reading, writing, and arithmetic, or any of them, to enable a juror
to understand the evidence to be offered, the fact that any
prospective juror does not possess the qualifications is a ground of
challenge for cause.
(e) Peremptory Challenges. Each party is entitled to 3
peremptory challenges of jurors, but when the number of parties on
opposite sides is unequal, the opposing parties are entitled to the
same aggregate number of peremptory challenges to be determined
on the basis of 3 peremptory challenges to each party on the side
with the greater number of parties. The additional peremptory
challenges accruing to multiple parties on the opposing side must
be divided equally among them. Any additional peremptory
challenges not capable of equal division must be exercised
separately or jointly as determined by the court.
(f) Exercise of Challenges. All challenges must be
addressed to the court outside the hearing of the jury in a manner
selected by the court so that the jury panel is not aware of the
nature of the challenge, the party making the challenge, or the
basis of the court’s ruling on the challenge, if for cause.
(g) Swearing of Jurors. No one may be sworn as a juror
until the jury has been accepted by the parties or until all
challenges have been exhausted.
(h) Alternate Jurors.
(1) The court may direct that 1 or 2 jurors be
impaneled to sit as alternate jurors in addition to the regular panel.
Alternate jurors in the order in which they are called must replace
jurors who have become unable or disqualified to perform their
duties before the jury retires to consider its verdict. Alternate jurors
must be drawn in the same manner, have the same qualifications,
be subject to the same examination, take the same oath, and have
the same functions, powers, facilities, and privileges as principal
jurors. An alternate juror who does not replace a principal juror
must be discharged when the jury retires to consider the verdict.
(2) If alternate jurors are called, each party is entitled
to 1 peremptory challenge in the selection of the alternate juror or
jurors, but when the number of parties on opposite sides is
unequal, the opposing parties are entitled to the same aggregate
number of peremptory challenges to be determined on the basis of 1
peremptory challenge to each party on the side with the greater
number of parties. The additional peremptory challenges allowed
under this subdivision may be used only against the alternate
jurors. The peremptory challenges allowed under subdivision (e)
may not be used against the alternate jurors.
(i) Interview of a Juror. A party who believes that grounds
for legal challenge to a verdict exist may move for an order
permitting an interview of a juror or jurors to determine whether
the verdict is subject to the challenge. The motion must be served
within 10 days after rendition of the verdict unless good cause is
shown for the failure to make the motion within that time. The
motion must state the name and address of each juror to be
interviewed and the grounds for challenge that the party believes
may exist. After notice and hearing, the trial judge must enter an
order denying the motion or permitting the interview. If the
interview is permitted, the court may prescribe the place, manner,
conditions, and scope of the interview.
(j) Communication with the Jury. This rule governs all
communication between the judge or courtroom personnel and
jurors.
(1) Communication to be on the Record. The court must
notify the parties of any communication from the jury pertaining to
the action as promptly as practicable and in any event before
responding to the communication. Except as set forth below, all
communications between the court or courtroom personnel and the
jury must be on the record in open court or must be in writing and
filed in the action. The court or courtroom personnel must note on
any written communication to or from the jury the date and time it
was delivered.
(2) Exception for Certain Routine Communication. The
court may, by pretrial order or by statement on the record with
opportunity for objection, set forth the scope of routine ex parte
communication to be permitted and the limits imposed by the court
with regard to such communication.
(A) Routine ex parte communication between the
bailiff or other courtroom personnel and the jurors, limited to juror
comfort and safety, may occur off the record.
(B) In no event shall ex parte communication
between courtroom personnel and jurors extend to matters that
may affect the outcome of the trial, including statements containing
any fact or opinion concerning a party, attorney, or procedural
matter or relating to any legal issue or lawsuit.
(3) Instructions to Jury. During voir dire, the court must
instruct the jurors and courtroom personnel regarding the
limitations on communication between the court or courtroom
personnel and jurors. Upon empanelling the jury, the court must
instruct the jurors that their questions are to be submitted in
writing to the court, which will review them with the parties and
counsel before responding.
(4) Notification of Jury Communication. Courtroom
personnel must immediately notify the court of any communication
to or from a juror or among jurors in contravention of the court’s
orders or instructions, including all communication contrary to the
requirements of this rule.
RULE 12.440. SETTING ACTION FOR TRIAL
(a) When at Issue. An action is at issue after any motions
directed to the last pleading served have been disposed of or, if no
such motions are served, 20 days after service of the last pleading.
The party entitled to serve motions directed to the last pleading may
waive the right to do so by filing a notice for trial at any time after
the last pleading is served. The existence of crossclaims among the
parties shall not prevent the court from setting the action for trial
on the issues raised by the petition, counterpetition, and answer.
(b) Notice for Trial. Any party may file and serve a notice
that the action is at issue and ready to be set for trial. The notice
must include an estimate of the time required, indicate whether the
trial is on the original action or a subsequent proceeding, and, if
applicable, indicate that the court has authorized the participation
of prospective jurors or empaneled jurors through audio-video
communication technology under rule 12.430(d). The clerk must
then submit the notice and the case file to the court. If there are
any issues to be tried by jury, the notice for trial must so state.
(c) Setting for Trial. If the court finds the action ready to be
set for trial, it shall enter an order setting the action for trial, fixing
a date for trial, and setting a pretrial conference, if necessary. In the
event a default has been entered, reasonable notice of not less than
10 days shall be given unless otherwise required by law. In actions
in which the damages are not liquidated, the order setting an action
for trial shall be served on parties who are in default in accordance
with Florida Rule of General Practice and Judicial Administration
2.516. Trial shall be set within a reasonable time from the service of
the notice for trial. At the pretrial conference, the parties should be
prepared, consistent with rule 12.200, to present any matter that
will prepare the parties for trial and that can expedite the resolution
of the case. The trial court may also direct the parties to reciprocally
exchange and file with the court all documents relative to the
outcome of the case; a list of all witnesses, all issues to be tried,
and all undisposed motions; an estimate of the time needed to try
the case; and any other information the court deems appropriate.
Any court filings shall be in conformity with Florida Rule of Judicial
Administration 2.425. This information should be served and filed
no later than 72 hours before the pretrial conference or 30 days
before the trial.
(d) Sanctions. The failure to comply with the requirements
of the order setting the action for trial subjects the party or attorney
to appropriate court sanctions.
Commentary
1995 Adoption. This rule amends Florida Rule of Civil
Procedure 1.440(c), Setting for Trial, and creates a procedure to
facilitate setting an action for trial. Proper pretrial compliance will
foster knowledgeable settlement discussion and expedite an orderly
trial. The rule also adds a provision for sanctions.
RULE 12.450. EVIDENCE
(a) Record of Excluded Evidence. If, during trial, an
objection to a question propounded to a witness is sustained by the
trier of fact, the examining attorney may make a specific offer of
what the attorney expects to prove by the answer of the witness.
The court may add such other and further statement as clearly
shows the character of the evidence, the form in which it was
offered, the objection made, and the ruling thereon. The court on
request must take and report the evidence in full unless it clearly
appears that the evidence is not admissible on any ground or is
privileged. The court may require the offer to be made outside the
hearing of the trier of fact.
(b) Filing. When documentary evidence is introduced in an
action, the clerk or the judge must endorse an identifying number
or symbol on it and when proffered or admitted in evidence, it must
be filed by the clerk or judge and considered in the custody of the
court and not withdrawn except with written leave of court.
RULE 12.4501. JUDICIAL NOTICE
In family cases, the court may take judicial notice of any
matter described in section 90.202(6), Florida Statutes, when
imminent danger to persons or property has been alleged and it is
impractical to give prior notice to the parties of the intent to take
judicial notice. Opportunity to present evidence relevant to the
propriety of taking judicial notice under section 90.204(1), Florida
Statutes, may be deferred until after judicial action has been taken.
If judicial notice is taken under this rule, the court must, within 2
business days, file a notice in the pending case of the matters
judicially noticed. For purposes of this rule, the term “family cases”
has the same meaning as provided in the Florida Rules of General
Practice and Judicial Administration.
RULE 12.460. CONTINUANCES
Continuances are governed by Florida Rule of Judicial
Administration 2.545(e). If a continuance is sought on the ground of
nonavailability of a witness, the motion must show when it is
believed the witness will be available.
RULE 12.470. EXCEPTIONS
(a) Adverse Ruling. For appellate purposes, an exception
is not necessary to any adverse ruling, order, instruction, or thing
whatsoever said or done at the trial, prior to the trial, or after the
verdict, that was said or done after an objection was made and
considered by the trial court and that affected the substantial rights
of the complaining party and that is assigned as error, other than
as provided by rules 12.490 and 12.492.
(b) Instructions to Jury. The Florida Standard Jury
Instructions appearing on The Florida Bar’s website must be used
by the trial judges of this state in instructing the jury in civil
actions to the extent that the Standard Jury Instructions are
applicable, unless the trial judge determines that an applicable
Standard Jury Instruction is erroneous or inadequate. If the trial
judge modifies a Standard Jury Instruction or gives other
instruction as the judge determines necessary to accurately and
sufficiently instruct the jury, on timely objection to the instruction,
the trial judge must state on the record or in a separate order the
legal basis for varying from the Standard Jury Instruction.
Similarly, in all circumstances in which the notes accompanying
the Florida Standard Jury Instructions contain a recommendation
that a certain type of instruction not be given, the trial judge must
follow the recommendation unless the judge determines that the
giving of the instruction is necessary to accurately and sufficiently
instruct the jury, in which event the judge must give the instruction
as the judge deems appropriate and necessary. If the trial judge
does not follow a recommendation of the Florida Standard Jury
Instructions, on timely objection to the instruction, the trial judge
must state on the record or in a separate order the legal basis of the
determination. The parties may file written requests on the law that
the court instruct the jury no later than at the close of the evidence.
The court may then require counsel to appear before it to settle the
instructions to be given. At that conference, all objections must be
made and ruled on and the court must inform counsel of the
instructions the court will give. No party may assign as error the
giving of any instruction or the failure to give any instruction unless
that party objects at the conference. The court may orally instruct
the jury before or after the arguments of counsel and provide
appropriate instructions during the trial. If the instructions are
given before final argument, the presiding judge must give the jury
final procedural instructions after final arguments are concluded
and before deliberations. The court must provide each juror with a
written set of the instructions for use in deliberations. The court
must file a copy of the instructions.
(c) Orders on New Trial; Directed Verdicts; etc. It is not
necessary to object or except to any order granting or denying
motions for new trials, directed verdicts, or judgments
notwithstanding the verdict or in arrest of judgment to entitle the
party against whom the ruling is made to have it reviewed by an
appellate court.
Commentary
1995 Adoption. This rule amends subdivision (a) of rule
1.470 as it applies to family law matters to eliminate possible
confusion between common law exceptions and exceptions to
recommendations of a general master under rule 12.490 or a
special master under rule 12.492.
RULE 12.480. MOTION FOR A DIRECTED VERDICT
(a) Effect. A party who moves for a directed verdict at the
close of the evidence offered by the adverse party may offer evidence
in the event the motion is denied without having reserved the right
to do so and to the same extent as if the motion had not been made.
The denial of a motion for a directed verdict shall not operate to
discharge the jury, if applicable. A motion for a directed verdict
must state the specific grounds for it. The order directing a verdict
is effective without any assent of the jury, if applicable.
(b) Reservation of Decision on Motion. When a motion for
a directed verdict is denied or for any reason is not granted, the
court is deemed to have submitted the action to the jury, if
applicable, subject to a later determination of the legal questions
raised by the motion. Within 15 days after the return of a verdict, a
party who has timely moved for a directed verdict may serve a
motion to set aside the verdict and any judgment entered on it and
to enter judgment in accordance with the motion for a directed
verdict. If a verdict was not returned, a party who has timely moved
for a directed verdict may serve a motion for judgment in
accordance with the motion for a directed verdict within 15 days
after discharge of the jury, if applicable.
(c) Joined with Motion for New Trial or Motion for
Rehearing. A motion for a new trial or motion for rehearing may be
joined with a motion for directed verdict or a new trial may be
requested in the alternative. If a verdict was returned, the court
may allow the judgment to stand or may reopen the judgment and
either order a new trial or rehearing, or direct the entry of judgment
as if the requested verdict had been directed. If no verdict was
returned, the court may direct the entry of judgment as if the
requested verdict had been directed or may order a new trial or
rehearing.
RULE 12.490. GENERAL MAGISTRATES
(a) General Magistrates. Judges of the circuit court may
appoint as many general magistrates from among the members of
The Florida Bar in the circuit as the judges find necessary, and the
general magistrates will continue in office until removed by the
court. The order making an appointment must be recorded. Every
person appointed as a general magistrate must take the oath
required of officers by the constitution and the oath must be
recorded before the magistrate discharges any duties of that office.
(b) Referral
(1) No matter can be heard by a general magistrate
without an appropriate order of referral and the consent to the
referral of all parties. Consent, as defined in this rule, to a specific
referral, once given, cannot be withdrawn without good cause
shown before the hearing on the merits of the matter referred.
Consent may be express or may be implied in accordance with the
requirements of this rule.
(A) A written objection to the referral to a general
magistrate must be filed within 10 days of the service of the order of
referral.
(B) If the time set for the hearing is less than 10
days after service of the order of referral, the objection must be filed
before commencement of the hearing.
(C) If the order of referral is served within the first
20 days after the service of the initial process, the time to file an
objection is extended to the time within which to file a responsive
pleading.
(D) Failure to file a written objection within the
applicable time period is deemed to be consent to the order of
referral.
(2) The order of referral must be in substantial
conformity with Florida Family Law Rules of Procedure Form
12.920(b), and must contain the following language in bold type:
A REFERRAL TO A GENERAL MAGISTRATE REQUIRES
THE CONSENT OF ALL PARTIES. YOU ARE ENTITLED TO
HAVE THIS MATTER HEARD BEFORE A JUDGE. IF YOU
DO NOT WANT TO HAVE THIS MATTER HEARD BEFORE
THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN
OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE
TIME OF SERVICE OF THIS ORDER. IF THE TIME SET
FOR THE HEARING IS LESS THAN 10 DAYS AFTER THE
SERVICE OF THIS ORDER, THE OBJECTION MUST BE
FILED BEFORE COMMENCEMENT OF THE HEARING. IF
THIS ORDER IS SERVED WITHIN THE FIRST 20 DAYS
AFTER SERVICE OF PROCESS, THE TIME TO FILE AN
OBJECTION IS EXTENDED TO THE TIME WITHIN WHICH
A RESPONSIVE PLEADING IS DUE. FAILURE TO FILE A
WRITTEN OBJECTION WITHIN THE APPLICABLE TIME
PERIOD IS DEEMED TO BE A CONSENT TO THE
REFERRAL.

REVIEW OF THE RECOMMENDED ORDER MADE BY THE
GENERAL MAGISTRATE MUST BE BY A MOTION TO
VACATE AS PROVIDED IN RULE 12.490(e), FLORIDA
FAMILY LAW RULES OF PROCEDURE. A RECORD, WHICH
INCLUDES A TRANSCRIPT OF PROCEEDINGS, IS
REQUIRED TO SUPPORT THE MOTION TO VACATE,
UNLESS WAIVED BY ORDER OF THE COURT PRIOR TO
ANY HEARING ON THE MOTION TO VACATE .
(3) The order of referral must state with specificity the
matter or matters being referred and the name of the specific
general magistrate to whom the matter is referred. The order of
referral must also state whether electronic recording or a court
reporter is provided by the court, or whether a court reporter, if
desired, must be provided by the litigants.
(4) When a referral is made to a general magistrate, any
party or the general magistrate may set the action for hearing.
(c) General Powers and Duties. Every general magistrate
must perform all of the duties that pertain to the office according to
the practice in chancery and rules of court and under the direction
of the court except those duties related to injunctions for protection
against domestic, repeat, dating, and sexual violence, and stalking.
A general magistrate is empowered to administer oaths and conduct
hearings, which may include the taking of evidence. All grounds for
disqualification of a judge apply to general magistrates.
(d) Hearings.
(1) The general magistrate must assign a time and
place for proceedings as soon as reasonably possible after the
referral is made and give notice to each of the parties either directly
or by directing counsel to file and serve a notice of hearing. If any
party fails to appear, the general magistrate may proceed ex parte
or may adjourn the proceeding to a future day, giving notice to the
absent party of the adjournment. The general magistrate must
proceed with reasonable diligence in every referral and with the
least delay practicable. Any party may apply to the court for an
order to the general magistrate to speed the proceedings and to
make the recommended order and to certify to the court the reason
for any delay.
(2) The general magistrate must take testimony and
establish a record which may be by electronic means as provided by
Florida Rule of General Practice and Judicial Administration
2.535(h)(4) or by a court reporter. The parties may not waive this
requirement.
(3) The general magistrate has the authority to examine
under oath the parties and all witnesses upon all matters contained
in the referral, to require production of all books, documents,
writings, vouchers, and other documents applicable to it, and to
examine on oath orally all witnesses produced by the parties. The
general magistrate may take all actions concerning evidence that
can be taken by the circuit court and in the same manner. The
general magistrate has the same powers as a circuit judge to utilize
communications equipment as defined and regulated by Florida
Rule of General Practice and Judicial Administration 2.530.
(4) The notice or order setting the cause for hearing
must be in substantial conformity with Florida Family Law Rules of
Procedure Forms 12.920 (b) and (c) and must contain the following
language in bold type:
SHOULD YOU WISH TO SEEK REVIEW OF THE
RECOMMENDED ORDER MADE BY THE GENERAL
MAGISTRATE, YOU MUST FILE A MOTION TO VACATE IN
ACCORDANCE WITH RULE 12.490(e), FLORIDA FAMILY
LAW RULES OF PROCEDURE. YOU WILL BE REQUIRED TO
PROVIDE THE COURT WITH A RECORD SUFFICIENT TO
SUPPORT YOUR MOTION TO VACATE OR YOUR MOTION
WILL BE DENIED. A RECORD ORDINARILY INCLUDES A
WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS
UNLESS WAIVED BY ORDER OF THE COURT PRIOR TO
ANY HEARING ON THE MOTION TO VACATE. THE PERSON
SEEKING REVIEW MUST HAVE THE TRANSCRIPT
PREPARED FOR THE COURT’S REVIEW.
(5) The notice or order setting a matter for hearing
must state whether electronic recording or a court reporter is
provided by the court. If the court provides electronic recording, the
notice must also state that any party may provide a court reporter
at that party’s expense.
(e) Entry of Order and Relief from Order.
(1) The general magistrate must submit a
recommended order to the court that includes findings of fact and
conclusions of law.
(2) If a court reporter was present, the recommended
order must contain the name, telephone number, and e-mail
address of the court reporter.
(3) On receipt of a recommended order, the court
must review the recommended order and must enter the order
promptly unless the court finds that the recommended order is
facially or legally deficient, in which case, it must identify the
deficiency by written order and remand to the general magistrate to
address and, if necessary, conduct further proceedings without the
necessity of a new order of referral to general magistrate. Any party
affected by the order may move to vacate the order by filing a
motion to vacate within 15 days from the date of entry. Any party
may file a cross-motion to vacate within 5 days of service of a
motion to vacate, provided, however, that the filing of a cross-
motion to vacate will not delay the hearing on the motion to vacate
unless good cause is shown.
(4) A motion to vacate the order must be heard
within 30 days from the date the motion is filed, unless the time
frame is extended by court order. If applicable, a motion to vacate
operates as a motion for rehearing under rule 12.530. Thereafter,
the judge must enter an order rendering a ruling no later than 30
days after the hearing on the motion to vacate.
(5) The party seeking review must seek to schedule a
hearing date at the same time that the motion to vacate is filed with
the court. Failure to seek a hearing date may result in a denial of
the motion to vacate.
(6) A timely filed motion to vacate stays the
enforcement of the order rendered by the court until after the court
has conducted a hearing on the motion to vacate and renders an
order granting or denying the motion to vacate.
(f) Record. For the purpose of the hearing on a motion to
vacate, a record, substantially in conformity with this rule, must be
provided to the court by the party seeking review for the court’s
review.
(1) The record must consist of the court file, all
depositions and documentary and other evidence presented at
hearing, including the transcript of the relevant proceedings before
the general magistrate. However, the transcript may be waived by
order of the court prior to any hearing on the motion to vacate.
(2) Unless waived by order of the court prior to any
hearing on the motion to vacate, the transcript of all relevant
proceedings, if any, must be delivered to the judge and provided to
all other parties not less than 48 hours before the hearing. If less
than a full transcript of the proceedings taken before the general
magistrate is furnished by the moving party, that party must
promptly file a notice setting forth the portions of the transcript that
have been ordered. The responding parties must be permitted to
designate any additional portions of the transcript necessary to the
adjudication of the issues raised in the motion to vacate or cross-
motion to vacate.
(3) The cost of the original and all copies of the
transcript of the proceedings is borne initially by the party seeking
review, subject to appropriate assessment of suit monies. Should
any portion of the transcript be required as a result of a designation
filed by the responding party, the party making the designation
bears the initial cost of the additional transcript.
Commentary
1995 Adoption. This rule is a modification of Florida Rule of
Civil Procedure 1.490. That rule governed the appointment of both
general and special masters. The appointment of special masters is
now governed by Florida Family Law Rule of Procedure 12.492. This
rule is intended to clarify procedures that were required under rule
1.490, and it creates additional procedures. The use of general
masters should be implemented only when such use will reduce
costs and expedite cases in accordance with Dralus v. Dralus , 627
So.2d 505 (Fla. 2d DCA 1993), Wrona v. Wrona , 592 So.2d 694 (Fla.
2d DCA 1991), and Katz v. Katz , 505 So.2d 25 (Fla. 4th DCA 1987).
Committee Notes
2004 Amendment. In accordance with Chapter 2004-11,
Laws of Florida, all references to general master were changed to
general magistrate.
2015 Amendment. Subdivision (b)(3) has been amended to
clarify that the order of referral must include the name of the
specific general magistrate to whom the matter is being referred and
who will conduct the hearing and that concurrent referrals to
multiple general magistrates is inappropriate.
RULE 12.491. CHILD SUPPORT ENFORCEMENT
(a) Limited Application. This rule is effective only when
specifically invoked by administrative order of the chief justice for
use in a particular county or circuit.
(b) Scope. This rule applies when a party seeking support is
receiving services pursuant to Title IV-D of the Social Security Act
(42 U.S.C. §§ 651 et seq.) or on administrative order of the chief
justice when a party is not receiving Title IV-D services in
proceedings for:
(1) the establishment, enforcement, or modification
of child support; and
(2) the enforcement of any support order for the parent
or other person entitled to receive child support in conjunction with
an ongoing child support or child support arrearage order.
(c) Support Enforcement Hearing Officers. The chief judge
of each judicial circuit must appoint support enforcement hearing
officers for the circuit or any county within the circuit as necessary
to expeditiously perform the duties prescribed by this rule. A
hearing officer must be a member of The Florida Bar unless waived
by the chief justice and serves at the pleasure of the chief judge and
a majority of the circuit judges in the circuit.
(d) Assignment. On the filing of a cause of action or other
proceeding for the establishment, enforcement, or modification of
support to which this rule applies, the court or clerk of the circuit
court must assign the proceedings to a support enforcement
hearing officer, pursuant to procedures to be established by
administrative order of the chief judge.
(e) General Powers and Duties. The support enforcement
hearing officer shall be empowered to issue process, administer
oaths, require the production of documents, and conduct hearings
for the purpose of taking evidence. A support enforcement hearing
officer does not have the authority to hear contested paternity
cases. All grounds for disqualification of a judge apply to support
enforcement hearing officers. On the receipt of a support
proceeding, the support enforcement hearing officer must:
(1) designate a time and place for an appropriate
hearing and give notice to each of the parties as may be required by
law;
(A) The notice or order setting the cause
for hearing must contain the following language in bold type:
SHOULD YOU WISH TO SEEK REVIEW OF THE ORDER UPON
THE RECOMMENDATIONS OF THE CHILD SUPPORT
ENFORCEMENT HEARING OFFICER, YOU MUST FILE A
MOTION TO VACATE WITHIN 15 DAYS FROM THE DATE OF
ENTRY OF THE ORDER IN ACCORDANCE WITH FLORIDA
FAMILY LAW RULE OF PROCEDURE 12.491(f). YOU WILL BE
REQUIRED TO PROVIDE THE COURT WITH A RECORD
SUFFICIENT TO SUPPORT YOUR POSITION OR YOUR MOTION
WILL BE DENIED. A RECORD ORDINARILY INCLUDES A
WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS.
THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT
PREPARED FOR THE COURT’S REVIEW.
(B) The notice or order setting a matter for hearing
shall state whether electronic recording or a court reporter is
provided by the court. If the court provides electronic recording, the
notice shall also state that any party may provide a court reporter
at that party’s expense.
(2) take testimony and establish a record, which record
may be by electronic means as provided by Florida Rule of General
Practice and Judicial Administration 2.535(h);
(3) accept voluntary acknowledgment of paternity and
support liability and stipulated agreements setting the amount of
support to be paid; and
(4) evaluate the evidence and promptly make a
recommended order to the court. The order must set forth findings
of fact.
(f) Entry of Order and Relief from Order. On receipt of a
recommended order, the court must review the recommended order
and enter an order promptly unless good cause appears to amend
the order, conduct further proceedings, or reassign the matter back
to the hearing officer to conduct further proceedings. If a court
reporter was present, the recommended order must contain the
name, telephone number, and e-mail address of the reporter. If the
hearing was recorded and the litigant did not utilize a court
reporter, the order must contain information as to how a litigant
can obtain a copy of the recording. Any party affected by the order
may move to vacate the order by filing a motion to vacate within 15
days from the date of entry. Any party may file a cross-motion to
vacate within 5 days of service of a motion to vacate, provided,
however, that the filing of a cross-motion to vacate must not delay
the hearing on the motion to vacate unless good cause is shown. If
applicable, a motion to vacate operates as a motion for rehearing
under rule 12.530. A motion to vacate the order must be heard
within 10 days after the movant applies for hearing on the motion.
(g) Modification of Order. Any party affected by the order
may move to modify the order at any time.
(h) Record. For the purpose of hearing on a motion to
vacate, a record, substantially in conformity with this rule, must be
provided to the court by the party seeking review.
(1) The record consists of the court file, including the
transcript of the proceedings before the hearing officer, if filed, and
all depositions and evidence presented to the hearing officer.
(2) The transcript of all relevant proceedings must be
delivered to the judge and provided to opposing counsel not less
than 48 hours before the hearing on the motion to vacate. If less
than a full transcript of the proceedings taken before the hearing
officer is ordered prepared by the moving party, that party shall
promptly file a notice setting forth the portions of the transcript that
have been ordered. The responding party must be permitted to
designate any additional portions of the transcript necessary to the
adjudication of the issues raised in the motion to vacate or cross-
motion to vacate.
(3) The cost of the original and all copies of the
transcript of the proceedings must be borne initially by the party
seeking review, subject to appropriate assessment of suit monies.
Should any portion of the transcript be required as a result of a
designation filed by the responding party, the party making the
designation must bear the initial cost of the additional transcript.
Commentary
1995 Adoption. Previously, this rule was contained in Florida
Rule of Civil Procedure 1.491. The new rule is substantially the
same as previous rule 1.491, with the following additions.
It is intended that any administrative order issued by the chief
justice of the Florida Supreme Court under rule 1.491(a) shall
remain in full force and effect as though such order was rendered
under this rule until changed by order of that same court.
Subdivision (e) now makes clear that contested paternity cases
are not to be heard by support enforcement hearing officers.
Subdivision (h) has been added to provide requirements for a
record.
1988 Adoption. Title: The terminology “hearing officer” is
used rather than “master” to avoid confusion or conflict with rule
1.490.
Subdivision (a): The rule is intended as a fall back mechanism
to be used by the chief justice as the need may arise.
Subdivision (b): The expedited process provisions of the
applicable federal regulations apply only to matters which fall
within the purview of Title IV-D. The committee recognizes,
however, that the use of hearing officers could provide a useful case
flow management tool in non-Title IV-D support proceedings.
It is contemplated that a circuit could make application to the
chief justice for expansion of the scope of the rule upon a showing
of necessity and good cause. It is the position of the representative
of the Family Law Section of The Florida Bar that reference of non-
Title IV-D proceedings should require the consent of the parties as
is required by rule 1.490(c).
Subdivision (c): It is the position of the committee that hearing
officers should be members of the Bar in that jurisdictional and
other legal issues are likely to arise in proceedings of this nature.
The waiver provision is directed to small counties in which it may
be difficult or impossible to find a lawyer willing to serve and to
such other special circumstances as may be determined by the
chief justice.
Subdivision (d): This paragraph recognizes that the mechanics
of reference and operation of a program are best determined at the
local level.
Subdivision (e): This paragraph is intended to empower the
hearing officer to fully carry out his or her responsibilities without
becoming overly complicated. The authority to enter defaults which
is referred to in the federal regulations is omitted, the committee
feeling that the subject matter is fully and adequately covered by
rule 1.500.
The authority to accept voluntary acknowledgments of
paternity is included at the request of the Department of Health and
Rehabilitative Services. Findings of fact are included in the
recommended order to provide the judge to whom the order is
referred basic information relating to the subject matter.
Subdivision (f): Expedited process is intended to eliminate or
minimize delays which are perceived to exist in the normal
processing of cases. This paragraph is intended to require the
prompt entry of an order and to guarantee due process to the
obligee.
General Note: This proposed rule, in substantially the same
form, was circulated to each of the chief judges for comment. Five
responses were received. Two responding endorsed the procedure,
and 3 responding felt that any rule of this kind would be
inappropriate. The committee did not address the question of
funding, which included not only salaries of hearing officers and
support personnel, but also capital outlay for furniture, fixtures,
equipment and space, and normal operating costs. The committee
recognizes that the operational costs of such programs may be
substantial and recommends that this matter be addressed by an
appropriate body.
Committee Note
1998 Amendment. This rule shall not apply to proceedings to
establish or modify alimony.
RULE 12.492. SPECIAL MAGISTRATES
(a) Special Magistrates. The court may appoint members of
The Florida Bar as special magistrates for any particular service
required by the court in a family law matter other than those
involving injunctions for protection against domestic, repeat, dating,
and sexual violence, and stalking. The special magistrates shall be
governed by all the provisions of law and rules relating to general
magistrates except as otherwise provided by this rule. Additionally,
they shall not be required to make oath or give bond unless
specifically required by the order appointing them. Upon a showing
that the appointment is advisable, a person other than a member of
The Florida Bar may be appointed.
(b) Reference. No reference shall be to a special magistrate
without the express prior consent of the parties, except that the
court upon good cause shown and without consent of the parties
may appoint an attorney as a special magistrate to preside over
depositions and rule upon objections.
(c) General Powers and Duties. Every special magistrate
shall perform all of the duties that pertain to the office according to
the practice in chancery and rules of court and under the direction
of the court. Hearings before any special magistrate shall be held in
the county where the action is pending, but hearings may be held
at any place by order of the court within or without the state to
meet the convenience of the witnesses or the parties. All grounds for
disqualification of a judge shall apply to special magistrates.
(d) Bond. When not otherwise provided by law, the court
may require special magistrates who are appointed to dispose of
real or personal property to give bond and surety conditioned for
the proper payment of all moneys that may come into their hands
and for the due performance of their duties as the court may direct.
The bond shall be made payable to the State of Florida and shall be
for the benefit of all persons aggrieved by any act of the special
magistrate.
(e) Hearings. When a reference is made to a special
magistrate, any party or the special magistrate may set the action
for hearing. The special magistrate shall assign a time and place for
proceedings as soon as reasonably possible after the reference is
made and give notice to each of the parties either directly or by
requiring counsel to file and serve a notice of hearing. If any party
fails to appear, the special magistrate may proceed ex parte or may
adjourn the proceeding to a future day, giving notice to the absent
party of the adjournment. The special magistrate shall proceed with
reasonable diligence in every reference and with the least delay
practicable. Any party may apply to the court for an order to the
special magistrate to speed the proceedings and to make the report
and to certify to the court the reason for any delay. Unless
otherwise ordered by the court, or agreed to by all parties, all
parties shall equally share the cost of the presence of a court
reporter at a special magistrate’s proceedings. If all parties waive
the presence of a court reporter, they must do so in writing. The
special magistrate shall have authority to examine the parties and
all witnesses under oath upon all matters contained in the
reference and to require production of all books, papers, writings,
vouchers, and other documents applicable to it. The special
magistrate shall admit evidence by deposition or that is otherwise
admissible in court. The special magistrate may take all actions
concerning evidence that can be taken by the court and in the same
manner. All parties accounting before a special magistrate shall
bring in their accounts in the form of accounts payable and
receivable, and any other parties who are not satisfied with the
account may examine the accounting party orally or by
interrogatories or deposition as the special magistrate directs. All
depositions and documents that have been taken or used previously
in the action may be used before the special magistrate.
(f) Special Magistrate’s Report. The special magistrate
shall file a report that includes findings of fact and conclusions of
law, together with recommendations. In the report made by the
special magistrate no part of any statement of facts, account,
charge, deposition, examination, or answer used before the special
magistrate need be recited. The matters shall be identified to inform
the court what items were used. The report shall include the name
and address of the court reporter present, if any.
(g) Filing Report; Notice; Exceptions. The special
magistrate shall file the report and recommendations and serve
copies on the parties. The parties may file exceptions to the report
within 10 days from the time it is served on them. If no exceptions
are filed within that period, the court shall take appropriate action
on the report. Any party may file cross-exceptions within 5 days
from the filing of the exceptions, provided, however, that the filing of
cross-exceptions shall not delay the hearing on the exceptions
unless good cause is shown. If exceptions are filed, they shall be
heard on reasonable notice by either party. The party seeking to
have exceptions heard shall be responsible for the preparation of
the transcript of proceedings before the special magistrate.
(h) Expenses of Special Magistrate. The costs of a special
magistrate may be assessed as any other suit money in family
proceedings and all or part of it may be ordered prepaid by order of
the court.
Commentary
1995 Adoption. Originally, both general and special masters
were governed under Florida Rule of Civil Procedure 1.490. General
and special masters are now governed under Florida Family Law
Rules of Procedure 12.490 and 12.492, respectively. The
requirements for appointing special masters are essentially the
same as under the previous rule; but this rule eliminates the need
for consent for the court to appoint an attorney/special master to
preside over depositions and rule on objections. It also provides for
the assessment of suit monies and allows for the filing of cross-
exceptions.
Committee Note
2004 Amendment. In accordance with Chapter 2004-11,
Laws of Florida, all references to special master were changed to
special magistrate.
RULE 12.500. DEFAULTS AND FINAL JUDGMENTS THEREON
(a) By the Clerk. When a party against whom affirmative
relief is sought has failed to file or serve any document in the
action, the party seeking relief may have the clerk enter a default
against the party failing to serve or file such document.
(b) By the Court. When a party against whom affirmative
relief is sought has failed to plead or otherwise respond as provided
by these rules or any applicable statute or any order of court, the
court may enter a default against such party provided that if such
party has filed or served any document in the action, that party
must be served with notice of the application for default.
(c) Right to Plead. A party may plead or otherwise respond
at any time before default is entered. If a party in default files any
document after the default is entered, the clerk must notify the
party of the entry of the default. The clerk must make an entry on
the docket showing the notification.
(d) Setting Aside Default. The court may set aside a
default, and if a final judgment on it has been entered, the court
may set it aside in accordance with rule 12.540(b).
(e) Final Judgment. Final judgments after default may be
entered by the court at any time, but no judgment may be entered
against a minor or incapacitated person unless represented in the
action by a general guardian, guardian ad litem, attorney ad litem,
committee, conservator, or other representative who has appeared
in it or unless the court has made an order under rule 12.210(b)
providing that no representative is necessary for the minor or
incapacitated person. If it is necessary to take an account or to
determine the amount of damages or to establish the truth of any
allegation by evidence or to make an investigation of any other
matter to enable the court to enter judgment or to effectuate it, the
court may receive affidavits, make referrals, or conduct hearings as
it deems necessary and must accord a right of trial by jury to the
parties when required by the Constitution or any statute.
RULE 12.510. SUMMARY JUDGMENT
(a) Motion for Summary Judgment or Partial Summary
Judgment. A party may move for summary judgment, identifying
each claim or defense—or the part of each claim or defense—on
which summary judgment is sought. The court shall grant
summary judgment if the movant shows that there is no genuine
dispute as to any material fact and the movant is entitled to
judgment as a matter of law. The court shall state on the record
the reasons for granting or denying the motion. The summary
judgment standard provided for in this rule shall be construed and
applied in accordance with the federal summary judgment
standard.
A motion for summary judgment and the notice setting
hearing must contain the following statement in all capital letters
and in the same size type, or larger, as the type the remainder of
the motion:

A RESPONSE TO THE MOTION FOR SUMMARY
JUDGMENT MUST BE MADE IN WRITING, FILED WITH
THE COURT, AND SERVED ON THE OTHER PARTY NO
LESS THAN TWENTY DAYS PRIOR TO THE HEARING
DATE. YOUR RESPONSE MUST INCLUDE YOUR
SUPPORTING FACTUAL POSITION. IF YOU FAIL TO
RESPOND, THE COURT MAY ENTER ORDERS
GRANTING THE SUMMARY JUDGMENT OR FINDING
FACTS TO BE UNDISPUTED.

(b) Time to File a Motion. A party may move for summary
judgment at any time after the expiration of 20 days from the
commencement of the action or after service of a motion for
summary judgment by the adverse party. However, no motion for
summary judgment may be filed while the movant’s responses to
mandatory disclosures are pending. The movant must serve the
motion for summary judgment at least 40 days before the time fixed
for the hearing.
(c) Procedures.
(1) Supporting Factual Positions . A party asserting that
a fact cannot be or is genuinely disputed must support the
assertion by:
(A) citing to particular parts of materials in the
record, including depositions, documents, electronically stored
information, affidavits or declarations, stipulations (including those
made for purposes of the motion only), admissions, interrogatory
answers, or other materials; or
(B) showing that the materials cited do not
establish the absence or presence of a genuine dispute, or that an
adverse party cannot produce admissible evidence to support the
fact.
(2) Objection That a Fact Is Not Supported by Admissible
Evidence . A party may object that the material cited to support or
dispute a fact cannot be presented in a form that would be
admissible in evidence.
(3) Materials Not Cited . The court need consider only
the cited materials, but it may consider other materials in the
record.
(4) Affidavits or Declarations . An affidavit or
declaration used to support or oppose a motion must be made on
personal knowledge, set out facts that would be admissible in
evidence, and show that the affiant or declarant is competent to
testify on the matters stated.
(5) Timing for Supporting Factual Positions . At the time
of filing a motion for summary judgment, the movant must also
serve the movant’s supporting factual position as provided in
subdivision (1) above. At least 20 days before the time fixed for the
hearing, the nonmovant must serve a response that includes the
nonmovant’s supporting factual position as provided in subdivision
(1) above.
(d) When Facts Are Unavailable to the Nonmovant. If a
nonmovant shows by affidavit or declaration that, for specified
reasons, it cannot present facts essential to justify its opposition,
the court may:
(1) defer considering the motion or deny it;
(2) allow time to obtain affidavits or declarations or to
take discovery; or
(3) issue any other appropriate order.
(e) Failing to Properly Support or Address a Fact. If a
party fails to properly support an assertion of fact or fails to
properly address another party’s assertion of fact as required by
rule 1.510(c), the court may:
(1) give an opportunity to properly support or address
the fact;
(2) consider the fact undisputed for purposes of the
motion;
(3) grant summary judgment if the motion and
supporting materials—including the facts considered
undisputed—show that the movant is entitled to it; or
(4) issue any other appropriate order.
(f) Judgment Independent of the Motion. After giving
notice and a reasonable time to respond, the court may:
(1) grant summary judgment for a nonmovant
(2) grant the motion on grounds not raised by a party;
or
(3) consider summary judgment on its own after
identifying for the parties material facts that may not be
genuinely in dispute.
(g) Failing to Grant All the Requested Relief. If the court
does not grant all the relief requested by the motion, it may enter
an order stating any material fact—including an item of damages or
other relief—that is not genuinely in dispute and treating the fact as
established in the case.
(h) Affidavit or Declaration Submitted in Bad Faith. If
satisfied that an affidavit or declaration under this rule is submitted
in bad faith or solely for delay, the court—after notice and a
reasonable time to respond—may order the submitting party to pay
the other party the reasonable expenses, including attorney’s fees,
it incurred as a result. An offending party or attorney may also be
held in contempt or subjected to other appropriate sanctions.
Commentary
2021 Amendment. This rule is amended to correspond with
Florida Rule of Civil Procedure 1.510, which was recently amended
to adopt almost all the text of Federal Rule of Civil Procedure 56.
Committee Notes
2012 Amendment. This rule is amended to state who the
adverse party serves and provide for service in accordance with
Florida Rule of Judicial Administration 2.516.
RULE 12.520. VIEW
Upon motion of either party or on the court’s own motion, the
trier of fact may view the premises or place in question or any
property, matter, or thing relating to the controversy between the
parties when it appears that view is necessary to a just decision.
Commentary
1995 Adoption. This rule replaces Florida Rule of Civil
Procedure 1.520 and eliminates the advancement of costs imposed
by rule 1.520.
RULE 12.530. MOTIONS FOR NEW TRIAL AND REHEARING;
AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions. A new trial or rehearing
may be granted to all or any of the parties and on all or a part of the
issues. To preserve for appeal a challenge to the failure of the trial
court to make required findings of fact, a party must raise that
issue in a motion for rehearing under this rule. On a motion for a
rehearing of matters heard without a jury, including summary
judgments, the court may open the judgment if one has been
entered, take additional testimony, and enter a new judgment.
(b) Time for Motion. A motion for new trial or for rehearing
must be served not later than 15 days after the return of the verdict
in a jury action or the date of filing of the judgment in a non-jury
action. A timely motion may be amended to state new grounds in
the discretion of the court at any time before the motion is
determined.
(c) Time for Serving Affidavits. When a motion for a new
trial or rehearing is based on affidavits, the affidavits must be
served with the motion. The opposing party has 10 days after such
service within which to serve opposing affidavits, which period may
be extended for an additional period not exceeding 20 days either by
the court for good cause shown or by the parties by written
stipulation. The court may permit reply affidavits.
(d) On Initiative of Court. Not later than 15 days after
entry of judgment or within the time of ruling on a timely motion for
a rehearing or a new trial made by a party, the court of its own
initiative may order a rehearing or a new trial for any reason for
which it might have granted a rehearing or a new trial on motion of
a party.
(e) When Motion Is Unnecessary; Non-Jury Case. When an
action has been tried by the court without a jury, the sufficiency of
the evidence to support the judgment may be raised on appeal
whether or not the party raising the question has made any
objection to it in the trial court or made a motion for rehearing, for
new trial, or to alter or amend the judgment.
(f) Hearing on Motion. When any motion for rehearing or
new trial is filed, the court must initially make a determination if a
hearing on the motion is required. If a hearing is required, the court
must provide notice of the hearing on the motion for rehearing or
new trial. If the court determines that a hearing is not required,
then the court must enter an order granting or denying the motion
in accordance with this rule.
(g) Order Granting to Specify Grounds. All orders granting
a new trial or rehearing must specify the specific grounds for it. If
such an order is appealed and does not state the specific grounds,
the appellate court must relinquish its jurisdiction to the trial court
for entry of an order specifying the grounds for granting the new
trial or a rehearing.
(h) Motion to Alter or Amend a Judgment. A motion to
alter or amend the judgment must be served not later than 15 days
after entry of the judgment, except that this rule does not affect the
remedies in rule 12.540(b).
Court Commentary
2022 Amendments. The amendment to subdivision (a) does
not address or affect, by negative implication, any other instance in
which a motion for rehearing is or might be necessary to preserve
an issue for appellate review.
RULE 12.540. RELIEF FROM JUDGMENT, DECREES, OR
ORDERS
(a) Clerical Mistakes. Clerical mistakes in judgments or
other parts of the record and errors arising from oversight or
omission may be corrected by the court at any time on its own
initiative or on the motion of any party and after such notice, if any,
as the court orders. During the pendency of an appeal such
mistakes may be so corrected before the record on appeal is
docketed in the appellate court, and thereafter while the appeal is
pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly
Discovered Evidence; Fraud; etc. On motion and on such terms
as are just, the court may relieve a party or a party’s legal
representative from a final judgment, order, or proceeding for the
following reasons:
(1) mistake, inadvertence, surprise, or excusable
neglect;
(2) newly discovered evidence which by due diligence
could not have been discovered in time to move for a new trial or
rehearing;
(3) fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation, or other misconduct of an adverse
party;
(4) that the judgment is void; or
(5) that the judgment has been satisfied, released, or
discharged, or a prior judgment on which it is based has been
reversed or otherwise vacated, or it is no longer equitable that the
judgment should have prospective application.
The motion must be filed within a reasonable time, and for
reasons (1), (2), and (3) not more than 1 year after the judgment,
order, or proceeding was entered or taken; except that there will be
no time limit for motions based on fraudulent financial affidavits in
marital or paternity cases. The motion and any attachment or
exhibit to it must be in compliance with Florida Rule of General
Practice and Judicial Administration 2.425. A motion under this
subdivision does not affect the finality of a judgment or suspend its
operation. This rule does not limit the power of a court to entertain
an independent action or supplemental proceeding to relieve a party
from a judgment, order, or proceeding or to set aside a judgment for
fraud on the court.
Commentary
1995 Adoption. Under this provision, Florida Rule of Civil
Procedure 1.540 applies to all family law issues involving relief from
judgment, decrees, or orders, except that there shall be no time
limit for motions filed under rule 1.540(b) based on fraudulent
financial affidavits in marital or paternity cases. Rule 1.540 was
expanded to include marital cases through the rule making
procedure subsequent to the Florida Supreme Court’s decision in
DeClaire v. Yohanan , 453 So.2d 375 (Fla. 1984).
RULE 12.550. EXECUTIONS AND FINAL PROCESS
(a) Issuance. Executions on judgments shall issue during
the life of the judgment on the oral request of the party entitled to it
or that party’s attorney. No execution or other final process may
issue until the judgment on which it is based has been recorded nor
within the time for serving a motion for new trial or rehearing, and
if a motion for new trial or rehearing is timely served, until it is
determined. Execution or other final process may be issued on
special order of the court at any time after judgment.
(b) Stay. The court before which an execution or other
process based on a final judgment is returnable may stay such
execution or other process and suspend proceedings on it for good
cause on motion and notice to all adverse parties.
RULE 12.560. DISCOVERY IN AID OF EXECUTION
(a) In General. In aid of a judgment, decree, or execution the
judgment creditor or the successor in interest, when the interest
appears of record, may obtain discovery from any person, including
the judgment debtor, in the manner provided in these rules.
(b) Fact Information Sheet. In addition to any other
discovery available to a judgment creditor under this rule, the
court, at the request of the judgment creditor, shall order the
judgment debtor or debtors to complete Florida Rules of Civil
Procedure Form 1.977 (Fact Information Sheet), including all
required attachments, within 45 days of the order or such other
reasonable time as determined by the court.
(c) Final Judgment Enforcement Paragraph. In any final
judgment which awards money damages, the judge shall include
the following enforcement paragraph if requested at the final
hearing or a subsequently noticed hearing by the prevailing party or
attorney:
“It is further ordered and adjudged that the judgment
debtor(s) shall complete under oath Florida Rule of Civil
Procedure Form 1.977 (Fact Information Sheet), including all
required attachments, and serve it on the judgment creditor’s
attorney, or the judgment creditor if the judgment creditor is
not represented by an attorney, within 45 days from the date
of this final judgment, unless the final judgment is satisfied or
post-judgment discovery is stayed.
“Jurisdiction of this case is retained to enter further
orders that are proper to compel the judgment debtor(s) to
complete form 1.977, including all required attachments, and
serve it on the judgment creditor’s attorney, or the judgment
creditor if the judgment creditor is not represented by an
attorney.”
(d) Information Regarding Assets of Judgment Debtor’s
Spouse. In any final judgment which awards money damages, if
requested by the judgment creditor at a duly noticed hearing, the
court shall require all or part of the additional Spouse Related
Portion of the fact information sheet to be filled out by the judgment
debtor only upon a showing that a proper predicate exists for
discovery of separate income and assets of the judgment debtor’s
spouse.
Committee Notes
2000 Amendment. Subdivisions (b)–(e) were added to the
Florida Rules of Civil Procedure and adopted with amendments into
the Family Law Rules of Procedure. The amendments to the Civil
Rules were patterned after Florida Small Claims Rule 7.221(a) and
Form 7.343. Although the judgment creditor is entitled to broad
discovery into the judgment debtor’s finances (Fla. R. Civ. P.
1.280(b); Jim Appley’s Tru-Arc, Inc. v. Liquid Extraction Systems , 526
So.2d 177, 179 (Fla. 2d DCA 1988)), in family law cases inquiry into
the individual assets of the judgment debtor’s spouse must be
precluded until a proper predicate has been shown. Tru-Arc, Inc.,
526 So.2d at 179; Rose Printing Co. v. D’Amato , 338 So.2d 212 (Fla.
3d DCA 1976).
2015 Amendment. Subdivision (e) was deleted because the
filing of a notice of compliance is unnecessary for the judgment
creditor to seek relief from the court for noncompliance with this
rule and because the Fact Information Sheet should not be filed
with the clerk of the court.
RULE 12.570. ENFORCEMENT OF JUDGMENTS
(a) Money Judgments. Final process to enforce a judgment
solely for the payment of money shall be by execution, writ of
garnishment, or other appropriate process or proceedings. Money
judgments shall include, but not be limited to, judgments for
alimony, child support, equitable distribution payments, attorneys’
fees, suit money, and costs.
(b) Property Recovery. Final process to enforce a judgment
for the recovery of property shall be by a writ of possession for real
property and by a writ of replevin, distress writ, writ of
garnishment, or other appropriate process or proceedings for other
property.
(c) Performance of an Act. If judgment is for the
performance of a specific act or contract:
(1) the judgment must specify the time within which
the act must be performed. If the act is not performed within the
time specified, the party seeking enforcement of the judgment shall
make an affidavit that the judgment has not been complied with
within the prescribed time and the clerk shall issue a writ of
attachment against the delinquent party. The delinquent party shall
not be released from the writ of attachment until that party has
complied with the judgment and paid all costs accruing because of
the failure to perform the act. If the delinquent party cannot be
found, the party seeking enforcement of the judgment shall file an
affidavit to this effect and the court shall issue a writ of
sequestration against the delinquent party’s property. The writ of
sequestration shall not be dissolved until the delinquent party
complies with the judgment;
(2) the court may hold the disobedient party in
contempt; or
(3) the court may appoint some person, not a party to
the action, to perform the act insofar as practicable. The
performance of the act by the person appointed has the same effect
as if performed by the party against whom the judgment was
entered.
(d) Parental Responsibility. Actions for enforcement of issues
related to parental responsibility may be brought by motion.
(e) Vesting Title. If the judgment is for a conveyance,
transfer, release, or acquittance of real or personal property, the
judgment has the effect of a duly executed conveyance, transfer,
release, or acquittance that is recorded in the county where the
judgment is recorded. A judgment under this subdivision will be
effective notwithstanding any disability of a party.
Commentary
1995 Adoption. Nothing in this rule or Florida Rule of Civil
Procedure 1.570 should be read to preclude the use of other
remedies to enforce judgments.
RULE 12.580. WRIT OF POSSESSION
(a) Issuance. When a judgment or order is for the delivery of
possession of real property, the judgment or order shall direct the
clerk to issue a writ of possession. The clerk must issue the writ
immediately and deliver it to the sheriff for execution.
(b) Third-Party Claims. If a person other than the party
against whom the writ of possession is issued is in possession of
the property, that person may retain possession of the property by
filing with the sheriff an affidavit that the person is entitled to
possession of the property, specifying the nature of the claim. The
sheriff must then desist from enforcing the writ and must serve a
copy of the affidavit on the party causing issuance of the writ of
possession. The party causing issuance of the writ may apply to the
court for an order directing the sheriff to complete execution of the
writ. The court will determine the right of possession in the property
and may order the sheriff to continue to execute the writ or may
stay execution of the writ, if appropriate.
RULE 12.590. PROCESS IN BEHALF OF AND AGAINST
PERSONS NOT PARTIES
Every person who is not a party to the action who has
obtained an order, or in whose favor an order has been made, may
enforce obedience to such order by the same process as if that
person were a party, and every person, not a party, against whom
obedience to any order may be enforced is liable to the same
process for enforcing obedience to such orders as if that person
were a party.
RULE 12.600. DEPOSITS IN COURT
In an action in which any part of the relief sought is a
judgment for a sum of money or the disposition of a sum of money
or the disposition of any other thing capable of delivery, a party may
deposit all or any part of such sum or thing with the court on notice
to every other party and by leave of court. Money paid into court
under this rule shall be deposited and withdrawn by order of court.
The party depositing money or depositing the thing capable of
delivery shall pay any fee imposed by the clerk of the court, unless
the court orders otherwise.
Commentary
1995 Adoption. The addition to Florida Rule of Civil
Procedure 1.600 included in this rule is intended to clarify
responsibility for the payment of clerk’s fees.
RULE 12.605. INJUNCTIONS
(a) Temporary Injunction.
(1) This rule does not apply to relief sought under rule
12.610.
(2) A temporary injunction may be granted without
written or oral notice to the adverse party only if:
(A) it appears from the specific facts shown by
affidavit or verified pleading that immediate and irreparable injury,
loss, or damage will result to the movant before the adverse party
can be heard in opposition; and
(B) the movant or movant’s attorney certifies in
writing any efforts that have been made to give notice and the
reasons why notice should not be required.
(3) No evidence other than the affidavit or verified
pleading may be used to support the application for a temporary
injunction unless the adverse party appears at the hearing or has
received reasonable notice of the hearing. Every temporary
injunction granted without notice must be endorsed with the date
and hour of entry and must be filed immediately in the clerk’s office
and must define the injury, state findings by the court why the
injury may be irreparable, and give the reasons why the order was
granted without notice if notice was not given. The temporary
injunction shall remain in effect until the further order of the court.
(b) Bond. No temporary injunction may be entered unless a
bond is given by the movant in an amount the court deems proper,
conditioned for the payment of costs and damages sustained by the
adverse party if the adverse party is wrongfully enjoined. When any
injunction is issued on the pleading of a municipality or the state or
any officer, agency, or political subdivision of it, the court may
require or dispense with a bond, with or without surety, and
conditioned in the same manner, having due regard for the public
interest. No bond shall be required for issuance of a temporary
injunction issued solely to prevent physical injury or abuse of a
natural person.
(c) Form and Scope. Every injunction must specify the
reasons for entry, must describe in reasonable detail the act or acts
restrained without reference to a pleading or another document,
and must be binding on the parties to the action, their officers,
agents, servants, employees, and attorneys and on those persons in
active concert or participation with them who receive actual notice
of the injunction.
(d) Motion to Dissolve. A party against whom a temporary
injunction has been granted may move to dissolve or modify it at
any time. If a party moves to dissolve or modify, the motion must be
heard within 5 days after the movant applies for a hearing on the
motion.
Committee Note
2017 Adoption. The case law related to Florida Rule of Civil
Procedure 1.610 shall be applicable to this rule.
RULE 12.610. INJUNCTIONS FOR PROTECTION AGAINST
DOMESTIC, REPEAT, DATING, AND SEXUAL
VIOLENCE, AND STALKING
(a) Application. This rule shall apply only to temporary and
permanent injunctions for protection against domestic violence and
temporary and permanent injunctions for protection against repeat
violence, dating violence, or sexual violence, and stalking. All other
injunctive relief sought in cases to which the Family Law Rules
apply shall be governed by Florida Rule of Civil Procedure 1.610.
(b) Petitions.
(1) Requirements for Use.
(A) Domestic Violence. Any person may file a
petition for an injunction for protection against domestic violence as
provided by law.
(B) Repeat Violence. Any person may file a
petition for an injunction for protection against repeat violence as
provided by law.
(C) Dating Violence. Any person may file a
petition for an injunction for protection against dating violence as
provided by law.
(D) Sexual Violence. Any person may file a
petition for an injunction for protection against sexual violence as
provided by law.
(E) Stalking. Any person may file a petition for an
injunction for protection against stalking as provided by law.
(2) Service of Petitions.
(A) Domestic Violence. Personal service by a law
enforcement agency is required. The clerk of the court shall furnish
a copy of the petition for an injunction for protection against
domestic violence, financial affidavit (if support is sought), Uniform
Child Custody Jurisdiction and Enforcement Act affidavit (if
custody is sought), temporary injunction (if one has been entered),
and notice of hearing to the appropriate sheriff or law enforcement
agency of the county where the respondent resides or can be found
for expeditious service of process.
(B) Repeat Violence, Dating Violence, Sexual
Violence and Stalking. Personal service by a law enforcement
agency is required. The clerk of the court shall furnish a copy of the
petition for an injunction for protection against repeat violence,
dating violence, sexual violence, or stalking, temporary injunction (if
one has been entered), and notice of hearing to the appropriate
sheriff or law enforcement agency of the county where the
respondent resides or can be found for expeditious service of
process.
(C) Additional Documents. Service of pleadings
in cases of domestic, repeat, dating, or sexual violence, or stalking
other than petitions, supplemental petitions, and orders granting
injunctions shall be governed by rule 12.080, except that service of
a motion to modify or vacate an injunction should be by notice that
is reasonably calculated to apprise the nonmoving party of the
pendency of the proceedings.
(3) Consideration by Court.
(A) Domestic Violence and Stalking
Injunctions. Upon the filing of a petition, the court shall set a
hearing to be held at the earliest possible time. A denial of a petition
for an ex parte injunction shall be by written order noting the legal
grounds for denial. When the only ground for denial is no
appearance of an immediate and present danger of domestic
violence or stalking, the court shall set a full hearing on the petition
for injunction with notice at the earliest possible time. Nothing
herein affects a petitioner’s right to promptly amend any petition, or
otherwise be heard in person on any petition consistent with these
rules.
(B) Repeat, Dating, or Sexual Violence
Injunctions. Upon the filing of a petition, the court shall set a
hearing to be held at the earliest possible time. Nothing herein
affects a petitioner’s right to promptly amend any petition or
otherwise be heard in person on any petition consistent with these
rules.
(4) Forms.
(A) Provision of Forms. The clerk of the court or
family or injunctions for protection intake personnel shall provide
simplified forms, including instructions for completion, for any
person whose circumstances meet the requirements of this rule and
shall assist the petitioner in obtaining an injunction for protection
against domestic, repeat, dating, or sexual violence, or stalking as
provided by law.
(B) Confidential Filing of Address. A petitioner’s
address may be furnished to the court in a confidential filing
separate from a petition or other form if, for safety reasons, a
petitioner believes that the address should be concealed. The
ultimate determination of a need for confidentiality must be made
by the court as provided in Florida Rule of General Practice and
Judicial Administration 2.420.
(c) Orders of Injunction.
(1) Consideration by Court.
(A) Temporary Injunction.
(i) Domestic, Repeat, Dating, or Sexual
Violence. For the injunction for protection to be issued ex parte, it
must appear to the court that an immediate and present danger of
domestic, repeat, dating, or sexual violence exists. In an ex parte
hearing for the purpose of obtaining an ex parte temporary
injunction, the court may limit the evidence to the verified pleadings
or affidavits for a determination of whether there is an imminent
danger that the petitioner will become a victim of domestic, repeat,
dating, or sexual violence. If the respondent appears at the hearing
or has received reasonable notice of the hearing, the court may hold
a hearing on the petition. If a verified petition and affidavit are
amended, the court shall consider the amendments as if originally
filed.
(ii) Stalking. For the injunction for
protection to be issued ex parte, it must appear to the court that
stalking exists. In an ex parte hearing for the purpose of obtaining
an ex parte temporary injunction, the court may limit the evidence
to the verified pleadings or affidavits for a determination of whether
stalking exists. If the respondent appears at the hearing or has
received reasonable notice of the hearing, the court may hold the
hearing on the petition. If a verified petition and affidavit are
amended, the court shall consider the amendments as if originally
filed.
(B) Final Judgment of Injunction for Protection
Against Repeat, Dating, or Sexual Violence or Stalking. A
hearing shall be conducted.
(C) Final Judgment of Injunction for Protection
Against Domestic Violence. The court shall conduct a hearing and
make a finding of whether domestic violence occurred or whether
imminent danger of domestic violence exists. If the court determines
that an injunction will be issued, the court shall also rule on the
following:
(i) whether the respondent may have any
contact with the petitioner, and if so, under what conditions;
(ii) exclusive use of the parties’ shared
residence;
(iii) petitioner’s temporary time-sharing with
the minor child or children;
(iv) whether respondent will have temporary
time-sharing with the minor child or children and whether it will be
supervised;
(v) whether temporary child support will be
ordered;
(vi) whether temporary spousal support will
be ordered; and
(vii) such other relief as the court deems
necessary for the protection of the petitioner.
The court, with the consent of the parties, may refer the parties to
mediation by a certified family mediator to attempt to resolve the
details as to the above rulings. This mediation shall be the only
alternative dispute resolution process offered by the court. Any
agreement reached by the parties through mediation shall be
reviewed by the court and, if approved, incorporated into the final
judgment. If no agreement is reached the matters referred shall be
returned to the court for appropriate rulings. Regardless of whether
all issues are resolved in mediation, an injunction for protection
against domestic violence shall be entered or extended the same
day as the hearing on the petition commences.
(2) Issuing of Injunction.
(A) Standarized Forms. The temporary and
permanent injunction forms approved by the Florida Supreme
Court for domestic, repeat, dating, and sexual violence, and
stalking injunctions shall be the forms used in the issuance of
injunctions under chapters 741 and 784, Florida Statutes.
Additional standard provisions, not inconsistent with the
standarized portions of those forms, may be added to the special
provisions section of the temporary and permanent injunction
forms, or at the end of each section to which they apply, on the
written approval of the chief judge of the circuit, and upon final
review and written approval by the chief justice. Copies of such
additional standard provisions, once approved by the chief justice,
shall be sent to the chair of the Family Law Rules Committee of The
Florida Bar, the chair of the Steering Committee on Families and
Children in the Court, and the chair of The Governor’s Task Force
on Domestic and Sexual Violence.
(B) Bond. No bond shall be required by the court
for the entry of an injunction for protection against domestic,
repeat, dating, or sexual violence, or stalking. The clerk of the court
shall provide the parties with sufficient certified copies of the order
of injunction for service.
(3) Service of Injunctions.
(A) Temporary Injunction. A temporary
injunction for protection against domestic, repeat, dating, or sexual
violence, or stalking must be personally served. When the
respondent has been served previously with the temporary
injunction and has failed to appear at the initial hearing on the
temporary injunction, any subsequent pleadings seeking an
extension of time may be served on the respondent by the clerk of
the court by certified mail in lieu of personal service by a law
enforcement officer. If the temporary injunction was issued after a
hearing because the respondent was present at the hearing or had
reasonable notice of the hearing, the injunction may be served in
the manner provided for a permanent injunction.
(B) Permanent Injunction.
(i) Party Present at Hearing. The parties
may acknowledge receipt of the permanent injunction for protection
against domestic, repeat, dating, or sexual violence, or stalking in
writing on the face of the original order. If a party is present at the
hearing and that party fails or refuses to acknowledge the receipt of
a certified copy of the injunction, the clerk shall cause the order to
be served by mailing certified copies of the injunction to the parties
who were present at the hearing at the last known address of each
party. Service by mail is complete upon mailing. When an order is
served pursuant to this subdivision, the clerk shall prepare a
written certification to be placed in the court file specifying the time,
date, and method of service and within 24 hours shall forward a
copy of the injunction and the clerk’s affidavit of service to the
sheriff with jurisdiction over the residence of the petitioner. This
procedure applies to service of orders to modify or vacate
injunctions for protection against domestic, repeat, dating, or
sexual violence, or stalking.
(ii) Party not Present at Hearing. Within 24
hours after the court issues, continues, modifies, or vacates an
injunction for protection against domestic, repeat, dating, or sexual
violence, or stalking the clerk shall forward a copy of the injunction
to the sheriff with jurisdiction over the residence of the petitioner
for service.
(4) Duration.
(A) Temporary Injunction. Any temporary
injunction shall be effective for a fixed period not to exceed 15 days.
A full hearing shall be set for a date no later than the date when the
temporary injunction ceases to be effective. The court may grant a
continuance of the temporary injunction and of the full hearing for
good cause shown by any party, or upon its own motion for good
cause, including failure to obtain service.
(B) Permanent Injunction. Any relief granted by
an injunction for protection against domestic, repeat, dating, or
sexual violence, or stalking shall be granted for a fixed period or
until further order of court. Such relief may be granted in addition
to other civil and criminal remedies. Upon petition of the victim, the
court may extend the injunction for successive periods or until
further order of court. Broad discretion resides with the court to
grant an extension after considering the circumstances. No specific
allegations are required.
(5) Enforcement. The court may enforce violations of an
injunction for protection against domestic, repeat, dating, or sexual
violence, or stalking in civil contempt proceedings, which are
governed by rule 12.570, or in criminal contempt proceedings,
which are governed by Florida Rule of Criminal Procedure 3.840, or,
if the violation meets the statutory criteria, it may be prosecuted as
a crime under Florida Statutes.
(6) Motion to Modify or Vacate Injunction. The petitioner
or respondent may move the court to modify or vacate an injunction
at any time. Service of a motion to modify or vacate injunctions
shall be governed by subdivision (b)(2) of this rule. However, for
service of a motion to modify to be sufficient if a party is not
represented by an attorney, service must be in accordance with rule
12.070, or in the alternative, there must be filed in the record proof
of receipt of this motion by the nonmoving party personally.
(7) Forms. The clerk of the court or family or injunction
for protection intake personnel shall provide simplified forms
including instructions for completion, for the persons whose
circumstances meet the requirements of this rule and shall assist in
the preparation of the affidavit in support of the violation of an
order of injunction for protection against domestic, repeat, dating,
or sexual violence, or stalking.
Commentary
2003 Amendment. This rule was amended to emphasize the
importance of judicial involvement in resolving injunction for
protection against domestic violence cases and to establish
protections if mediation is used. In performing case management,
court staff may interview the parties separately to identify and
clarify their positions. Court staff may present this information to
the court along with a proposed order for the court’s consideration
in the hearing required by subdivision (b). The first sentence of
(c)(1)(C) contemplates that an injunction will not be entered unless
there is a finding that domestic violence occurred or that there is
imminent danger of domestic violence. Subdivision (c)(1)(C) also
enumerates certain rulings that a judge must make after deciding
to issue an injunction and before referring parties to mediation.
This is intended to ensure that issues involving safety are decided
by the judge and not left to the parties to resolve. The list is not
meant to be exhaustive, as indicated by subdivision (c)(1)(C)(vii),
which provides for “other relief,” such as retrieval of personal
property and referrals to batterers’ intervention programs. The
prohibition against use of any “alternative dispute resolution” other
than mediation is intended to preclude any court-based process
that encourages or facilitates, through mediation or negotiation,
agreement as to one or more issues, but does not preclude the
parties through their attorneys from presenting agreements to the
court. All agreements must be consistent with this rule regarding
findings. Prior to ordering the parties to mediate, the court should
consider risk factors in the case and the suitability of the case for
mediation. The court should not refer the case to mediation if there
has been a high degree of past violence, a potential for future
lethality exists, or there are other factors which would compromise
the mediation process.
1995 Adoption. A cause of action for an injunction for
protection against domestic violence and repeat violence has been
created by section 741.30, Florida Statutes (Supp.1994) (modified
by chapter 95 195, Laws of Florida), and section 784.046, Florida
Statutes (Supp. 1994), respectively. This rule implements those
provisions and is intended to be consistent with the procedures set
out in those provisions except as indicated in this commentary. To
the extent a domestic or repeat violence matter becomes criminal or
is to be enforced by direct or indirect criminal contempt, the
appropriate Florida Rules of Criminal Procedure will apply.
The facts and circumstances to be alleged under subdivision
12.610(b)(1)(A) include those set forth in Florida Supreme Court
Approved Family Law Form 12.980(b). An injunction for protection
against domestic or repeat violence may be sought whether or not
any other cause of action is currently pending between the parties.
However, the pendency of any such cause of action must be alleged
in the petition. The relief the court may grant in a temporary or
permanent injunction against domestic violence is set forth in
sections 741.30(5)–(6).
The facts and circumstances to be alleged under subdivision
(b)(1)(B) include those set forth in Florida Supreme Court Approved
Family Law Form 12.980(g). The relief the court may grant in a
temporary or permanent injunction against repeat violence is set
forth in section 784.046(7), Florida Statutes.
Subdivision (b)(4) expands sections 741.30(2)(c)1 and (2)(c)2,
Florida Statutes, to provide that the responsibility to assist the
petitioner may be assigned not only to the clerk of court but also to
the appropriate intake unit of the court. Florida Supreme Court
Approved Family Law Form 12.980(b) provides the form for a
petition for injunction against domestic violence. If the custody of a
child is at issue, a Uniform Child Custody Jurisdiction and
Enforcement Act affidavit must be provided and completed in
conformity with Florida Supreme Court Approved Family Law Form
12.902(d). If alimony or child support is sought a Financial Affidavit
must be provided and completed in conformity with Florida Family
Law Rules of Procedure Form 12.902(b) or 12.902(c).
Subdivision (c)(1)(A) expands chapter 95 195, Laws of Florida,
and section 784.046(6)(b), Florida Statutes, to make the limitation
of evidence presented at an ex parte hearing permissive rather than
mandatory given the due process concerns raised by the statutory
restrictions on the taking of evidence.
Unlike traditional injunctions, under subdivision (c)(2), no
bond will be required for the issuance of injunctions for protection
against domestic or repeat violence. This provision is consistent
with the statutes except that, unlike the statutes, it does not set a
precise number of copies to be provided for service.
Subdivision (c)(3)(A) makes the procedure for service of a
temporary order of injunction for protection against domestic
violence and repeat violence consistent. This is intended to replace
the differing requirements contained in sections 741.30(8)(a)1 and
(8)(c)1 and 784.046(8)(a)1, Florida Statutes.
Subdivision (c)(3)(B) makes the procedure for service of a
permanent order of injunction for protection against domestic
violence and repeat violence consistent. This is intended to replace
the differing requirements contained in sections 741.30(8)(a)3 and
(8)(c)1 and 784.046(8)(c)1, Florida Statutes, and to specifically
clarify that service of the permanent injunction by mail is only
effective upon a party who is present at the hearing which resulted
in the issuance of the injunction.
Subdivision (c)(4)(A) restates sections 741.30(5)(c) and
784.046(6)(c), Florida Statutes, with some expansion. This
subdivision allows the court upon its own motion to extend the
protection of the temporary injunction for protection against
domestic or repeat violence for good cause shown, which shall
include, but not be limited to, failure to obtain service. This
subdivision also makes the procedures in cases of domestic and
repeat violence identical, resolving the inconsistencies in the
statutes.
Subdivision (c)(4)(B) makes the procedures in cases of
domestic and repeat violence identical, resolving inconsistencies in
the statutes. As stated in section 741.30(1)(c), Florida Statutes, in
the event a subsequent cause of action is filed under chapter 61,
Florida Statutes, any orders entered therein shall take precedence
over any inconsistent provisions of an injunction for protection
against domestic violence which addresses matters governed by
chapter 61, Florida Statutes.
Subdivision (c)(5) implements a number of statutes governing
enforcement of injunctions against domestic or repeat violence. It is
intended by these rules that procedures in cases of domestic and
repeat violence be identical to resolve inconsistencies in the
statutes. As such, the procedures set out in section 741.31(1),
Florida Statutes, are to be followed for violations of injunctions for
protection of both domestic and repeat violence. Pursuant to that
statute, the petitioner may contact the clerk of the circuit court of
the county in which the violation is alleged to have occurred to
obtain information regarding enforcement.
Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2,
Florida Statutes, to provide that the responsibility to assist a
petitioner may not only be assigned to the clerk of court but also to
the appropriate intake unit of the court. This subdivision makes the
procedures in cases of domestic and cases of repeat violence
identical to resolve inconsistencies in the statutes.
Committee Note
1997 Amendment. This change mandates use of the
injunction forms provided with these rules to give law enforcement
a standardized form to assist in enforcement of injunctions. In
order to address local concerns, circuits may add special provisions
not inconsistent with the mandatory portions.

RULE 12.611. CENTRAL GOVERNMENTAL DEPOSITORY
(a) Administrative Order. If the chief judge of the circuit by
administrative order authorizes the creation of a central
governmental depository for the circuit or county within the circuit
to receive, record, and disburse all support alimony or maintenance
payments, as provided in section 61.181, Florida Statutes (1983),
the court may direct that payment be made to the officer designated
in the administrative order.
(b) Payments to Public Officer.
(1) If the court so directs, the payments shall be made
to the officer designated.
(2) The officer shall keep complete and accurate
accounts of all payments received. Payments shall be made by cash,
money order, cashier’s check, or certified check. The officer shall
promptly disburse the proceeds to the party entitled to receive them
under the judgment or order.
(3) Payment may be enforced by the party entitled to it
or the court may establish a system under which the officer issues
a motion for enforcement and a notice of hearing in the form
approved by the supreme court. The motion and notice shall be
served on the defaulting party in accordance with Florida Rule of
Judicial Administration 2.516. At the hearing the court shall enter
an appropriate order based on the testimony presented to it.
Commentary
1995 Adoption. This rule is a remnant of Florida Rule of Civil
Procedure 1.611, which contained several unrelated issues. Those
issues are now governed by separate rules for automatic disclosure,
simplified dissolution procedure, and this rule for central
governmental depository.
2012 Amendment. Subdivision (b)(3) is amended to provide
for service in accordance with Florida Rule of Judicial
Administration 2.516.
RULE 12.615. CIVIL CONTEMPT IN SUPPORT MATTERS
(a) Applicability. This rule governs civil contempt
proceedings in support matters related to family law cases. The use
of civil contempt sanctions under this rule shall be limited to those
used to compel compliance with a court order or to compensate a
movant for losses sustained as a result of a contemnor’s willful
failure to comply with a court order. Contempt sanctions intended
to punish an offender or to vindicate the authority of the court are
criminal in nature and are governed by Florida Rules of Criminal
Procedure 3.830 and 3.840.
(b) Motion and Notice. Civil contempt may be initiated by
motion. The motion must recite the essential facts constituting the
acts alleged to be contemptuous. No civil contempt may be imposed
without notice to the alleged contemnor and without providing the
alleged contemnor with an opportunity to be heard. The civil
contempt motion and notice of hearing may be served in accordance
with Florida Rule of General Practice and Judicial Administration
2.516 provided notice is reasonably calculated to apprise the
alleged contemnor of the pendency of the proceedings. The notice
must specify the time and place of the hearing and must contain
the following language: “FAILURE TO APPEAR AT THE HEARING
MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY
ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU
MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS
HELD.” This notice must also state whether electronic recording or
a court reporter is provided by the court or whether a court
reporter, if desired, must be provided by the party.
(c) Hearing. In any civil contempt hearing, after the court
makes an express finding that the alleged contemnor had notice of
the motion and hearing:
(1) the court shall determine whether the movant has
established that a prior order directing payment of support was
entered and that the alleged contemnor has failed to pay all or part
of the support set forth in the prior order; and
(2) if the court finds the movant has established all of
the requirements in subdivision (c)(1) of this rule, the court shall,
(A) if the alleged contemnor is present, determine
whether the alleged contemnor had the present ability to pay
support and willfully failed to pay such support.
(B) if the alleged contemnor fails to appear, set a
reasonable purge amount based on the individual circumstances of
the parties. The court may issue a writ of bodily attachment and
direct that, upon execution of the writ of bodily attachment, the
alleged contemnor be brought before the court within 48 hours for a
hearing on whether the alleged contemnor has the present ability to
pay support and, if so, whether the failure to pay such support is
willful.
(d) Order and Sanctions. After hearing the testimony and
evidence presented, the court shall enter a written order granting or
denying the motion for contempt.
(1) An order finding the alleged contemnor to be in
contempt shall contain a finding that a prior order of support was
entered, that the alleged contemnor has failed to pay part or all of
the support ordered, that the alleged contemnor had the present
ability to pay support, and that the alleged contemnor willfully
failed to comply with the prior court order. The order shall contain a
recital of the facts on which these findings are based.
(2) If the court grants the motion for contempt, the
court may impose appropriate sanctions to obtain compliance with
the order including incarceration, attorneys’ fees, suit money and
costs, compensatory or coercive fines, and any other coercive
sanction or relief permitted by law provided the order includes a
purge provision as set forth in subdivision (e) of this rule.
(e) Purge. If the court orders incarceration, a coercive fine,
or any other coercive sanction for failure to comply with a prior
support order, the court shall set conditions for purge of the
contempt, based on the contemnor’s present ability to comply. The
court shall include in its order a separate affirmative finding that
the contemnor has the present ability to comply with the purge and
the factual basis for that finding. The court may grant the
contemnor a reasonable time to comply with the purge conditions. If
the court orders incarceration but defers incarceration for more
than 48 hours to allow the contemnor a reasonable time to comply
with the purge conditions, and the contemnor fails to comply within
the time provided, the movant shall file an affidavit of
noncompliance with the court. If payment is being made through
the Central Governmental Depository, a certificate from the
depository shall be attached to the affidavit. The court then may
issue a writ of bodily attachment. Upon incarceration, the
contemnor must be brought before the court within 48 hours for a
determination of whether the contemnor continues to have the
present ability to pay the purge.
(f) Review after Incarceration. Notwithstanding the
provisions of this rule, at any time after a contemnor is
incarcerated, the court on its own motion or motion of any party
may review the contemnor’s present ability to comply with the
purge condition and the duration of incarceration and modify any
prior orders.
(g) Other Relief. Where there is a failure to pay support or
to pay support on a timely basis but the failure is not willful,
nothing in this rule shall be construed as precluding the court from
granting such relief as may be appropriate under the
circumstances.
Commentary
1998 Adoption. This rule is limited to civil contempt
proceedings. Should a court wish to impose sanctions for criminal
contempt, the court must refer to Florida Rules of Criminal
Procedure 3.830 and 3.840 and must provide the alleged contemnor
with all of the constitutional due process protections afforded to
criminal defendants. This rule is created to assist the trial courts in
ensuring that the due process rights of alleged contemnors are
protected. A court that adjudges an individual to be in civil
contempt must always afford the contemnor the opportunity to
purge the contempt.
Committee Notes
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.
RULE 12.620. RECEIVERS
(a) Notice. The notice provisions of rule 12.605 apply to
applications for the appointment of receivers.
(b) Report. Every receiver must file in the clerk’s office a
true and complete inventory under oath of the property coming
under the receiver’s control or possession under the receiver’s
appointment within 20 days after appointment. Every 3 months
unless the court otherwise orders, the receiver must file in the same
office an inventory and account under oath of any additional
property or effects which the receiver has discovered or which may
have come to the receiver’s hands since appointment, and of the
amount remaining in the hands of or invested by the receiver, and
of the manner in which the same is secured or invested, stating the
balance due from or to the receiver at the time of rendering the last
account and the receipts and expenditures since that time. When a
receiver neglects to file the inventory and account, the court must
enter an order requiring the receiver to file such inventory and
account and to pay out of the receiver’s own funds the expenses of
the order and the proceedings on it within not more than 20 days
after being served with a copy of such order.
(c) Bond. The court may grant leave to put the bond of the
receiver in suit against the sureties without notice to the sureties of
the application for such leave.
(d) Contents of Inventory. Any inventory filed with the
court must be in compliance with Florida Rule of General Practice
and Judicial Administration 2.425.
RULE 12.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL
BONDS
When any rule or statute requires or permits giving of bond by
a party in a judicial proceeding, the surety on the bond submits to
the jurisdiction of the court when the bond is approved. The surety
must furnish the address for the service of documents affecting the
surety’s liability on the bond to the officer to whom the bond is
given at that time. The liability of the surety may be enforced on
motion without the necessity of an independent action. The motion
must be served on the surety at the address furnished to the officer.
The surety must serve a response to the motion within 20 days after
service of the motion, asserting any defenses in law or in fact. If the
surety fails to serve a response within the time allowed, a default
may be taken. If the surety serves a response, the issues raised
must be decided by the court on reasonable notice to the parties.
The right to jury trial may not be abridged in any such proceedings.
RULE 12.630. EXTRAORDINARY REMEDIES
(a) Applicability. This rule applies to actions for the
issuance of writs of mandamus, prohibition, quo warranto, and
habeas corpus.
(b) Initial Pleading. The initial pleading must be a petition.
It must contain:
(1) the facts on which the petitioner relies for relief;
(2) a request for the relief sought; and
(3) if desired, argument in support of the petition with
citations of authority.
The caption must show the action filed in the name of the
petitioner in all cases and not on the relation of the state. When the
petition seeks a writ directed to a lower court or to a governmental
or administrative agency, a copy of as much of the record as is
necessary to support the petitioner’s petition must be attached.
(c) Time . A petition must be filed within the time provided
by law.
(d) Process. If the petition shows a prima facie case for
relief, the court may issue:
(1) an order nisi in prohibition;
(2) an alternative writ in mandamus that may
incorporate the petition by reference only;
(3) a writ of quo warranto; or
(4) a writ of habeas corpus.
The writ must be served in the manner prescribed by law.
(e) Response. Respondent must respond to the writ as
provided in rule 12.140, but the answer in quo warranto must show
better title to the office when the writ seeks an adjudication of the
right to an office held by the respondent.
Committee Note
2012 Amendment. This rule is amended to provide for service
in accordance with Florida Rule of Judicial Administration 2.516.
RULE 12.650. OVERRIDE OF FAMILY VIOLENCE INDICATOR
(a) Application. This rule shall apply only to proceedings
instituted pursuant to 42 U.S.C. § 653, which authorizes a state
court to override a family violence indicator and release information
from the Federal Parent Locator Service notwithstanding the family
violence indicator.
(b) Definitions.
(1) “Authorized person” means a person as defined in
42 U.S.C. § 653(c) and § 663(d)(2). It includes any agent or attorney
of the Title IV-D agency of this or any other state, the court that has
authority to issue an order or to serve as the initiating court in an
action to seek an order against a parent or other person obligated to
pay child support, or any agent of such court, the parent or other
person entitled to receive child support, legal guardian, attorney, or
agent of a child (other than a child receiving assistance under 42
U.S.C. §§ 601 et seq.), and any state agency that administers a
child welfare, family preservation, or foster care program. It also
includes any agent or attorney of this or any other state who has
the duty or authority under the law of such state to enforce a child
custody or visitation determination or order establishing a
parenting plan; the court that has jurisdiction to make or enforce
such a child custody or visitation determination or order
establishing a parenting plan, or any agent of such court; and any
agent or attorney of the United States, or of a state, who has the
duty or authority to investigate, enforce, or bring a prosecution with
respect to the unlawful taking or restraint of a child.
(2) “Authorized purpose” means a purpose as defined in
42 U.S.C. § 653(a)(2) and § 663(b). It includes establishing
parentage, establishing, setting the amount of, modifying, or
enforcing child support obligations, or making or enforcing child
custody or visitation orders or orders establishing parenting plans.
It also includes enforcing any state or federal law with respect to the
unlawful taking or restraint of a child.
(3) “Department” means the Florida Department of
Revenue as the state’s Title IV-D agency.
(4) “Family violence indicator” means a notation in the
Federal Parent Locator Service that has been placed on a record
when a state has reasonable evidence of domestic violence or child
abuse as defined by that state.
(5) “Federal Parent Locator Service” means the
information service established by 42 U.S.C. § 653.
(6) “Petitioner” means an authorized person or an
individual on whose behalf an authorized person has requested a
Federal Parent Locator Service search and who has been notified
that the information from the Federal Parent Locator Service cannot
be released because of a family violence indicator.
(7) “Respondent” means the individual whose record at
the Federal Parent Locator Service includes a family violence
indicator and ordinarily does not want his or her location
information disclosed. The department, the Florida Department of
Law Enforcement, or the state entity that placed the family violence
indicator on the record may be required to respond to an order to
show cause; however, they are not considered respondents in these
proceedings.
(c) Initiating Proceedings. When an authorized person has
attempted to obtain information from the Federal Parent Locator
Service and has been notified by the Federal Parent Locator Service
that it has location information but cannot disclose the information
because a family violence indicator has been placed on the record, a
petitioner may institute an action to override the family violence
indicator. An action is instituted by filing a sworn complaint in the
circuit court. The complaint must:
(1) allege that the petitioner is an authorized person or
an authorized person has requested information on his or her
behalf from the Federal Parent Locator Service and must include
the factual basis for the allegation;
(2) allege that the petitioner is requesting the
information for an authorized purpose and state the purpose for
which the information is sought;
(3) include the social security number, sex, race,
current address, and date of birth of the petitioner and any alias or
prior name used by the petitioner;
(4) include the social security number and date of birth
of the respondent and any children in common between the
petitioner and the respondent, if known;
(5) disclose any prior litigation between the petitioner
and the respondent, if known;
(6) disclose whether the petitioner has been arrested
for any felony or misdemeanor in this or any other state and the
disposition of the arrest; and
(7) include notice from the Federal Parent Locator
Service that location information on the respondent cannot be
released because of a family violence indicator.
(d) Initial Court Review. When a complaint is filed, the
court shall review the complaint ex parte for legal sufficiency to
determine that it is from an authorized person or an individual on
whose behalf an authorized person requested information from the
Federal Parent Locator Service, is for an authorized purpose, and
includes the information required in subdivision (c). If the
complaint is legally sufficient, the court shall order the department
to request the information from the Federal Parent Locator Service
and order the department to keep any information received from the
Federal Parent Locator Service in its original sealed envelope and
provide it to the court within 45 days in the manner described in
subdivision
(e) Receipt of Information. When sealed information from
the Federal Parent Locator Service is obtained, the department shall
file the information with the court. The information from the Federal
Parent Locator Service shall remain in its original sealed envelope
and the outside of the envelope shall be clearly labeled with the
case number and the words “sealed information from Federal
Parent Locator Service.” The clerk of the court shall ensure that the
sealed information from the Federal Parent Locator Service is not
disclosed to any person other than those specifically authorized by
the court. Court files in these proceedings shall be separately
secured in the Clerk’s office in accordance with the requirements of
subdivision (i).
(f) Review of Information by the Court. The court shall
conduct an in-camera examination of the contents of the sealed
envelope from the Federal Parent Locator Service.
(1) If the information from the sealed envelope does not
include an address for the respondent or an address for the
respondent’s employer, the petitioner and the department will be
notified that no information is available and no further action will
be taken. The name of the state that placed the family violence
indicator on the record will not be released.
(2) If the information from the sealed envelope includes
an address for the respondent or the respondent’s employer, the
court shall issue an order to show cause to the respondent, the
department, the Florida Department of Law Enforcement (FDLE),
and the state entity that placed the family violence indicator on the
record. The order to show cause shall
(A) give the respondent at least 45 days to show
cause why the location information should not be released to the
petitioner;
(B) clearly state that the failure to respond may
result in disclosure of the respondent’s location information;
(C) direct the parties to file with the court all
documentary evidence which supports their respective positions,
including any prior court orders;
(D) direct the department to search its child
support enforcement statewide automated system and case file for
the presence of a Florida family violence indicator, for any other
information in that system or file that is relevant to the issue of
whether release of the respondent’s location information to the
petitioner could be harmful to the respondent or the child, and
whether an application for good cause under section 414.32,
Florida Statutes, is pending or has been granted and if so, file
documentation with the court within 30 days;
(E) unless the FDLE is the petitioner, direct the
FDLE to conduct a search of its Florida criminal history records on
the petitioner, including information from the Domestic and Repeat
Violence Injunction Statewide Verification system, and file it with
the court within 30 days; and
(F) set a hearing date within 60 days.
(3) The order to show cause shall be served as follows:
(A) By regular mail and by certified mail, return
receipt requested, to the respondent. If a receipt is not returned or a
responsive pleading is not filed, the court may extend the time for
response and provide for personal service on the respondent. The
petitioner also may request that the respondent be initially served
by personal service, and if so, the petitioner shall pay into the
registry of the court the cost of effecting personal service.
(B) By certified mail, return receipt requested, to
the department, the FDLE, and the state entity that placed the
family violence indicator on the record.
(C) A copy of the order to show cause shall be
provided to the petitioner. However, the copy shall not include any
information that may identify the respondent’s location, including
but not limited to the name or address of the state entity that
placed the family violence indicator on the record.
(g) Providing Information to Court.
(1) Information from Department. The department shall
submit the information it obtains in response to the order to show
cause by filing the information with the court in a sealed envelope.
The outside of the envelope shall be clearly labeled with the case
number and the words “sealed information from the Department of
Revenue.” Any information that may reveal the location of the
respondent should be distinctly noted so that this information is
not inadvertently disclosed.
(2) Information from FDLE. When it has searched its
records in response to the order to show cause, the FDLE shall file
a report with the court. The report shall include the case number
and results of the search of its records.
(h) Hearing on Order to Show Cause.
(1) At the hearing on the order to show cause, the court
shall determine whether release of the respondent’s location
information to the petitioner could be harmful to the parent or the
child. The petitioner has the burden of proof to show that release of
information to the petitioner would not be harmful to the parent or
the child.
(A) If the court finds that release of the location
information could be harmful, the information shall not be released
and the petition shall be denied.
(B) If the court finds that release of the location
information would not be harmful, the court shall disclose the
location information to the petitioner. The disclosure of the location
information shall be made only to the petitioner, and the court shall
require that the petitioner not disclose the information to other
persons. The disclosure of location information to the petitioner in
these proceedings does not entitle the petitioner to future disclosure
of the respondent’s location information.
(C) The court may deny the request for location
information if the respondent agrees to designate a third party for
service of process for proceedings between the parties.
(2) Notwithstanding the provisions of Florida Rule of
General Practice and Judicial Administration 2.530, the court may
conduct a hearing on the order to show cause by means of
communications equipment without consent of the parties and
without a limitation on the time of the hearing. The
communications equipment shall be configured to ensure that the
location of the respondent is not disclosed.
(i) Confidentiality. The clerk of the court shall ensure that
all court records in these proceedings are protected according to the
requirements of this rule. Court records in these proceedings shall
be segregated and secured so that information is not disclosed
inadvertently from the court file. All court records in these
proceedings are confidential and are not available for public
inspection until the court issues a final judgment in the case. After
the court issues a final judgment in the case, the location
information from the Federal Parent Locator Service and any other
information that may lead to disclosure of the respondent’s
location, including but not limited to the respondent’s address,
employment information, the name or address of the state that
placed the family violence indicator on the record, and the
telephone number of the respondent, shall remain confidential and
not available for public inspection unless otherwise ordered by the
court. After the court issues a final judgment in the case, the court
shall release nonconfidential information upon motion.
Commentary
This rule implements the requirements of 42 U.S.C. § 653,
providing for a state court to override a family violence indicator on
a record at the Federal Parent Locator Service. It does not apply to
any other proceeding involving family violence or any other court
records. The limitations on access to the Federal Parent Locator
Service and this override process are governed by federal law.
Proceedings under this rule would arise when an authorized
person has attempted to obtain information from the Federal Parent
Locator Service but has been notified that the information cannot
be released because of a family violence indicator. For example, a
petitioner may be a noncustodial parent who has attempted to serve
the custodial parent in an action to enforce visitation but was
unable to effect service of process on the custodial parent. The
court may have authorized access to the Federal Parent Locator
Service in order to locate the custodial parent for purposes of
service of process. If the report from the Federal Parent Locator
Service indicates that the information cannot be released because of
a family violence indicator, the noncustodial parent would be
authorized to petition the court pursuant to this rule to override the
family violence indicator.
The purpose of these proceedings is to determine whether to
release location information from the Federal Parent Locator Service
notwithstanding the family violence indicator. The court must
determine whether release of the location information to the
petitioner would be harmful to the respondent. If the court
determines that release of the location information would not be
harmful, the information may be released to the petitioner. If the
respondent agrees to designate a third party for service of process,
the court may deny the request for location information. In these
circumstances, the designation of a third party for service of
process is procedural only and does not provide a separate basis for
jurisdiction over the respondent.
The court must use care to ensure that information from the
Federal Parent Locator Service or other location information in the
court record is not inadvertently released to the petitioner, thus
defeating any interest of the respondent in maintaining
nondisclosure.
The name of the state that placed the family violence indicator
on the record may assist the petitioner in obtaining access to the
respondent. If the name of the state that placed the family violence
indicator on the record is supplied from the Federal Parent Locator
Service, but an address for the respondent is not provided, the
court should not release the name of the state to the petitioner.
Disclosure of this information could assist the petitioner in locating
the respondent, may place the respondent in danger, and does not
give the respondent an opportunity to be heard by the court prior to
release of the information.
Because the interest of the respondent is to keep location
information from the petitioner, having both the petitioner and
respondent appear at a hearing at the same time may also result in
the petitioner obtaining location information about the respondent.
If a hearing must be held where both the petitioner and respondent
are present, the court should use whatever security measures are
available to prevent inadvertent disclosure of the respondent’s
location information.
Each state establishes its own criteria, consistent with federal
law, for placing a family violence indicator on a record. Some states
require a judicial determination of domestic violence or child abuse
before a family violence indicator is placed on a record. The criteria
for a family violence indicator in Florida are in section 61.1825,
Florida Statutes.
The records in these proceedings are confidential under 42
U.S.C. §§ 653 and 654. Florida Rule of Judicial Administration
2.051 [renumbered as 2.420 in 2006] also exempts from public
disclosure any records made confidential by federal law.
Committee Note
2008 Amendment. Chapter 2008-61, Laws of Florida,
effective October 1, 2008, eliminated such terms as “custodial
parent,” “noncustodial parent,” and “visitation” from Chapter 61,
Florida Statutes. Instead, the court adopts or establishes a
parenting plan that includes, among other things, a time-sharing
schedule for the minor children. These statutory changes are
reflected in the amendments to the definitions in this rule. However,
because 42 U.S.C. § 653 includes the terms “custody” and
“visitation,” these terms have not been excised from the remainder
of the rule.
RULE 12.740. FAMILY MEDIATION
(a) Applicability. This rule governs mediation of family
matters and related issues.
(b) Referral. Except as provided by law and this rule, all
contested family matters and issues may be referred to mediation.
Every effort must be made to expedite mediation of family issues.
The referral, or written stipulation of the parties, may provide for
mediation or arbitration in person, remotely via audio or audio-
video communication technology, or a combination thereof. Absent
direction in the order of referral, mediation or arbitration must be
conducted in person, unless the parties stipulate or the court, on
its own motion or on motion by a party, otherwise orders that the
proceeding be conducted by communication technology or by a
combination of communication technology and in-person
participation.
(c) Limitations on Referral to Mediation.
(1) Parties must advise the court if there is an
injunction for domestic violence or a conviction of a crime of
domestic violence between the parties, or if the court finds there
has been a history of violence between the parties that would
compromise the mediation process. In those cases, the court may in
its discretion, waive mediation entirely or enter appropriate orders
to protect the mediation process and the parties’ safety.
(2) The following actions may not be referred to
mediation absent a finding of good cause by the court or consent of
the parties:
(A) Title IV-D;
(B) post-judgment contempt and
enforcement; and
(C) extensions or modifications of injunctions
between the parties.

(3) Unless otherwise agreed by the parties, family
matters and issues may be referred to a mediator or mediation
program which charges a fee only after the court has determined
that the parties have the financial ability to pay a fee. This
determination may be based on the parties’ financial affidavits or
other financial information available to the court. When the
mediator’s fee is not established under section 44.108, Florida
Statutes, or when there is no written agreement providing for the
mediator’s compensation, the mediator must be compensated at an
hourly rate set by the presiding judge in the referral order. The
presiding judge may also determine the reasonableness of the fees
charged by the mediator. When appropriate, the court may
apportion mediation fees between the parties and state each party’s
share in the order of referral. Parties may object to the rate of the
mediator’s compensation within 15 days of the order of referral by
serving an objection on all other parties and the mediator.
(d) Appearances. A party is deemed to appear if the named
party is physically present at the mediation conference or, if
permitted by court order or written stipulation of the parties,
present via communication technology. In the discretion of the
mediator and with the agreement of the parties, family mediation
may proceed in the absence of counsel unless otherwise ordered by
the court.
(e) Completion of Mediation. Mediation must be completed
within 75 days of the first mediation conference unless otherwise
ordered by the court.
(f) Report on Mediation.
(1) If agreement is reached as to any matter or issue,
including legal or factual issues to be determined by the court, the
agreement must be reduced to writing, signed by the parties, and
submitted to the court unless the parties agree otherwise. By
stipulation of the parties, the agreement may be electronically or
stenographically recorded and made under oath or affirmed. In that
event, an appropriately signed transcript may be filed with the
court. Signatures may be original, electronic, or facsimile, and may
be in counterparts.
(2) After the agreement is filed, the court must take
action as required by law. When court approval is not necessary,
the agreement becomes binding on filing. When court approval is
necessary, the agreement becomes binding on approval. In either
event, the agreement must be made part of the final judgment or
order in the case.
(3) If the parties do not reach an agreement as to
any matter as a result of mediation, the mediator must report the
lack of an agreement to the court without comment or
recommendation. With the consent of the parties, the mediator’s
report may also identify any pending motions or outstanding legal
issues, discovery process, or other action by any party which, if
resolved or completed, would facilitate the possibility of a
settlement.
Commentary
1995 Adoption. This rule is similar to former Florida Rule of
Civil Procedure 1.740. All provisions concerning the compensation
of the mediator have been incorporated into this rule so that all
mediator compensation provisions are contained in one rule.
Additionally, this rule clarifies language regarding the filing of
transcripts, the mediator’s responsibility for mailing a copy of the
agreement to counsel, and counsel’s filing of written objections to
mediation agreements.
2022 Amendment. The phrase “audio or audio-video
communication technology” is added to the rule to make the rule
consistent with amendments to the Rules of General Practice and
Judicial Administration.
RULE 12.741. MEDIATION RULES
(a) Discovery. Unless stipulated by the parties or ordered by
the court, the mediation process shall not suspend discovery.
(b) General Procedures.
(1) Interim or Emergency Relief. A party may apply to
the court for interim or emergency relief at any time. Mediation
shall continue while such a motion is pending absent a contrary
order of the court, or a decision of the mediator to adjourn pending
disposition of the motion. Time for completing mediation shall be
tolled during any periods when mediation is interrupted pending
resolution of such a motion.
(2) Sanctions. If a party fails to appear at a duly noticed
mediation conference without good cause, or knowingly and
willfully violates any confidentiality provision under section 44.405,
Florida Statutes, the court upon motion shall impose sanctions,
including an award of mediator and attorneys’ fees and other costs,
against the party.
(3) Adjournments. The mediator may adjourn the
mediation conference at any time and may set times for reconvening
the adjourned conference. No further notification is required for
parties present at the adjourned conference.
(4) Counsel. Counsel shall be permitted to
communicate privately with their clients. The mediator shall at all
times be in control of the mediation and the procedures to be
followed in the mediation.
(5) Communication with Parties. The mediator may meet
and consult privately with any party or parties or their counsel.
(6) Appointment of the Mediator.
(A) Within 10 days of the order of referral, the
parties may agree upon a stipulation with the court designating:
(i) a certified mediator, other than a senior
judge presiding over civil cases as a judge in that circuit; or
(ii) a mediator, other than a senior judge,
who is not certified as a mediator but who, in the opinion of the
parties and upon review by the pre-siding judge, is otherwise
qualified by training or experience to mediate all or some of the
issues in the particular case.
(B) If the parties cannot agree upon a mediator
within 10 days of the order of referral, the plaintiff or petitioner
shall so notify the court within 10 days of the expiration of the
period to agree on a mediator, and the court shall appoint a
certified mediator selected by rotation or by such other procedures
as may be adopted by administrative order of the chief judge in the
circuit in which the action is pending.
(C) If a mediator agreed upon by the parties or
appointed by a court cannot serve, a substitute mediator can be
agreed upon or appointed in the same manner as the original
mediator. A mediator shall not mediate a case assigned to another
mediator without the agreement of the parties or approval of the
court. A substitute mediator shall have the same qualifications as
the original mediator.
Commentary
1995 Adoption. This rule combines and replaces Florida
Rules of Civil Procedure 1.710, 1.720, and 1.730. The rule, as
combined, is substantially similar to those three previous rules,
with the following exceptions. This rule deletes subdivisions (a) and
(b) of rule 1.710 and subdivisions (b) and (c) of rule 1.730. This rule
compliments Florida Family Law Rule of Procedure 12.740 by
providing direction regarding various procedures to be followed in
family law mediation proceedings.
RULE 12.742. PARENTING COORDINATION
(a) Applicability. This rule applies to parenting
coordination.
(b) Qualification Process. Each judicial circuit shall
establish a process for determining that a parenting coordinator is
qualified in accordance with the requirements established in the
parenting coordination section of Chapter 61, Florida Statutes.
(c) Order Referring Parties to Parenting Coordinator. An
order referring the parties to a parenting coordinator must be in
substantial compliance with Florida Family Law Rules of Procedure
Form 12.984(a). The order must specify the role, responsibility, and
authority of the parenting coordinator.
(d) Appointment of Parenting Coordinator. The parties
may agree in writing on a parenting coordinator subject to the
court’s approval. If the parties cannot agree on a parenting
coordinator, the court shall appoint a parenting coordinator
qualified by law.
(e) Response by Parenting Coordinator. The parenting
coordinator must file a response accepting or declining the
appointment in substantial compliance with Florida Family Law
Rules of Procedure Form 12.984(b).
(f) Term of Service. The term of the parenting coordinator
shall be as specified in the order of appointment or as extended by
the court. The initial term of service shall not exceed two years. The
court shall terminate the service on:
(1) The parenting coordinator's resignation or
disqualification; or
(2) A finding of good cause shown based on the court's
own motion or a party's written motion. Good cause includes, but is
not limited to the occurrence of domestic violence; circumstances
that compromise the safety of any person or the integrity of the
process; or a finding that there is no longer a need for the service of
the parenting coordinator. The motion and notice of hearing shall
also be served on the parenting coordinator.
(g) Removal of Parenting Coordinator. The court shall
remove the parenting coordinator if the parenting coordinator
becomes disqualified under the parenting coordination section of
Chapter 61, Florida Statutes, or if good cause if shown.
(h) Appointment of Substitute Parenting Coordinator. If a
parenting coordinator cannot serve or continue to serve, a
substitute parenting coordinator may be chosen in the same
manner as the original.
(i) Authority with Consent. The parenting coordinator may
have additional authority with express written consent. If there has
been a history of domestic violence the court must find that consent
has been freely and voluntarily given.
(1) With the express written consent of both parties,
the parenting coordinator may
(A) have temporary decision-making authority to
resolve specific non-substantive disputes between the parties until
such time as a court order is entered modifying the decision; or
(B) make recommendations to the court
concerning modifications to the parenting plan or time-sharing.
(2) With the express written consent of a party, a
parenting coordinator may
(A) have access to confidential and privileged
records and information of that party; or
(B) provide confidential and privileged information
for that party to health care providers and to any other third
parties.
(3) With the express approval of the court, the
parenting coordinator may
(A) have access to a child's confidential and
privileged records and information; or
(B) provide confidential and privileged information
for that child to health care providers and to any other third parties.
(j) Limitation of Authority.
(1) A parenting coordinator shall not have decision
making authority to resolve substantive disputes between the
parties. A dispute is substantive if it would
(A) significantly change the quantity or decrease
the quality of time a child spends with either parent; or
(B) modify parental responsibility.
(2) A parenting coordinator shall not make a
substantive recommendation concerning parental responsibility or
timesharing to the court unless the court on its own motion or a
joint motion of the parties determines that:
(A) there is an emergency as defined by the
parenting coordination section of Chapter 61, Florida Statutes,
(B) the recommendation would be in the best
interest of the child, and
(C) the parties agree that any parenting
coordination communications that may be raised to support or
challenge the recommendation of the parenting coordinator will be
permitted.
(k) Emergency Order.
(1) Consideration by the Court. Upon the filing of an
affidavit or verified report of an emergency by the parenting
coordinator, the court shall determine whether the facts and
circumstances contained in the report constitute an emergency and
whether an emergency order needs to be entered with or without
notice to the parties to prevent or stop furtherance of the
emergency. Except for the entry of an ex parte order in accordance
with (k)(2), the court shall set a hearing with notice to the parties to
be held at the earliest possible time.
(2) Ex Parte Order. An emergency order may be entered
without notice to the parties if it appears from the facts shown by
the affidavit or verified report that there is an immediate and
present danger that the emergency situation will occur before the
parties can be heard. No evidence other than the affidavit or verified
report shall be used to support the emergency being reported
unless the parties appear at the hearing or have received notice of a
hearing. Every temporary order entered without notice in
accordance with this rule shall be endorsed with the date and hour
of entry, be filed forthwith in the clerk's office, and define the injury
or potential injury, state findings by the court why the injury or
potential injury may be irreparable, and give the reasons why the
order was granted without notice. The court shall provide the
parties and attorney ad litem, if one is appointed, with a copy of the
parenting coordinator's affidavit or verified report giving rise to the
ex parte order. A return hearing shall be scheduled if the court
issues an emergency ex parte order.
(3) Duration. The emergency order shall remain in effect
until further order.
(4) Motion to Dissolve or Modify Ex Parte Order. A
motion to modify or dissolve an ex parte emergency order must be
heard within 5 days after the movant applies for a hearing.
(l) Written Communication with Court. The parenting
coordinator may submit a written report or other written
communication regarding any nonconfidential matter to the court.
Parenting coordinators was required, pursuant to the parenting
coordination section of Chapter 61, Florida Statutes, to report
certain emergencies to the court without giving notice to the parties.
The parenting coordinator shall use a form in substantial
compliance with Florida Family Law Rules of Procedure Form
12.984(c) when reporting any emergency to the court, whether or
not notice to the parties is required by law. If the parenting
coordinator is unable to adequately perform the duties in
accordance with the court’s direction, the parenting coordinator
shall file a written request for a status conference and the court
shall set a timely status hearing. The parenting coordinator shall
use a form in substantial compliance with Florida Family Law Rules
of Procedure Form 12.984(d) to request a status conference. When
notice to the parties is required, the parenting coordinator must
contemporaneously serve each party with a copy of the written
communication.
(m) Testimony and Discovery. A parenting coordinator shall
not be called to testify or be subject to the discovery rules of the
Florida Family Law Rules of Procedure unless the court makes a
prior finding of good cause. A party must file a motion, alleging good
cause why the court should allow the parenting coordinator to
testify or be subject to discovery. The requesting party shall serve
the motion and notice of hearing on the parenting coordinator. The
requesting party shall initially be responsible for the parenting
coordinator’s fees and costs incurred as a result of the motion.
(n) Parenting Coordination Session. A parenting
coordination session occurs when a party and the parenting
coordinator communicate with one another. A parenting
coordination session may occur in the presence or with the
participation of persons in addition to a party and the parenting
coordinator. Unless otherwise directed by the court, the parenting
coordinator shall determine who may be present during each
parenting coordination session including, without limitation,
attorneys, parties, and other persons.
Committee Notes
2010 Adoption. The provisions of subdivision (k) do not
abrogate the confidentiality provisions of section 61.125, Florida
Statutes. An exception to confidentiality must apply before invoking
this subdivision of the rule.
2014 Revision. Parties are more likely to comply with a
parenting plan which has been voluntarily and mutually self-
determined by the parties without undue outside influence. Courts
therefore should consider referring parties to mediation prior to
parenting coordination when a parenting plan has not been agreed
to by the parties or adopted by the court. Courts are also
encouraged to review what additional forms of alternative dispute
resolution as well as social, psychological and educational
interventions may best assist the parties in a timely manner. In
cases where parties are referred to a parenting coordinator to adopt
or create a parenting plan, the court should consider whether the
parties would be better served by the court determining certain
aspects of the parenting plan (such as parental responsibility, time
sharing schedule, etc.) prior to referral to a parenting coordinator.
New subdivisions (b), (g), (j)(2), (l), and (n) were added and others
were renumbered accordingly.

RULE 12.745. COLLABORATIVE LAW PROCESS
(a) Application. This rule governs all proceedings under
chapter 61, part III, Florida Statutes.
(b) Collaborative Law Process.
(1) Initiating Process.
(A) A collaborative law process begins, regardless
of whether a legal proceeding is pending, when the parties sign a
collaborative law participation agreement.
(B) When a proceeding is pending before a court,
the parties may sign a collaborative law participation agreement to
seek to resolve a matter related to the proceeding. The parties shall
promptly file with the court a notice of the agreement after it is
signed and it shall operate as an application for a stay of the
proceeding. A court in which a proceeding is stayed under this
subdivision may require the parties and collaborative lawyers to
provide a status report on the collaborative law process and the
proceeding. The status report may only indicate whether the
process is ongoing or concluded and no other information. The
status report may not include a report, assessment,
recommendation, finding, or other communication regarding a
collaborative matter. A court shall provide notice to the parties and
an opportunity to be heard before dismissing a proceeding, in which
a notice of collaborative process is filed, based on delay or failure to
prosecute. A court may not consider a communication made in
violation of this subdivision.
(2) Concluding and Terminating Process. A collaborative
law process is concluded by:
(A) the resolution of a collaborative matter as
evidenced by a signed record;
(B) the resolution of a part of the collaborative
matter, evidenced by a signed record, in which the parties agree
that the remaining parts of the matter will not be resolved in the
process;
(C) a party unilaterally terminating the
collaborative law process, with or without cause, by

(i) giving notice to other parties in a record
that the process is ended,
(ii) beginning a contested proceeding related
to a collaborative matter without the agreement of all parties, or
(iii) in a pending proceeding related to the
matter:

a. initiating a pleading, motion, order
to show cause, or request for a conference with the court;
b. requesting that the proceeding be
put on the court’s active calendar; or
c. taking similar action requiring
notice to be sent to the parties; or

(D) except as otherwise provided by subdivision
(b)(3), a party discharging a collaborative lawyer or a collaborative
lawyer withdrawing from further representation of a party.
If a proceeding is pending before a court, the parties shall
promptly file with the court notice in a record when a collaborative
law process concludes. Any stay of the proceeding is lifted when the
notice is filed. The notice may not specify any reason for
termination of the process.
(3) Discharge or Withdrawal from Representation. A
party’s collaborative lawyer shall give prompt notice to all other
parties in a record of a discharge or withdrawal. If a proceeding
was pending prior to the initiation of the collaborative process, the
party’s collaborative lawyer shall comply with the requirements of
Florida Rule of General Practice and Judicial Administration 2.505.
Notwithstanding the discharge or withdrawal of a collaborative
lawyer, a collaborative law process continues, if not later than 30
days after the date that the notice of the discharge or withdrawal of
a collaborative lawyer is sent to the parties:
(A) the unrepresented party retains a successor
collaborative lawyer; and

(B) in a signed record:
(i) the parties consent to continue the
process by reaffirming the collaborative law participation
agreement; and
(ii) the agreement is amended to identify the
successor collaborative lawyer and the successor attorney signs the
participation agreement.

(c) Approval of Interim Agreements. A collaborative law
process does not conclude if, with the consent of the parties, a
party requests a court to approve a written agreement resolving an
issue in the collaborative matter while other issues remain pending.
(d) Alternative Dispute Resolution Permitted. Nothing in
this rule shall be construed to prohibit the parties from using, by
mutual agreement, any other permissible form of alternative
dispute resolution to reach a settlement on any of the issues
included in the collaborative process.
(e) Emergency Order. During a collaborative law process, a
court may issue emergency orders to protect the health, safety,
welfare, or interest of a party or a family or household member as
defined in section 741.28, Florida Statutes.
(f) Disqualification of Collaborative Lawyer and Lawyers
in Associated Law Firm.
(1) Except as otherwise provided in subdivision (f)(3), a
collaborative lawyer is disqualified from appearing before a court to
represent a party in a proceeding related to the collaborative matter.
(2) Except as otherwise provided in subdivisions (b)(3)
and (c), a lawyer in a law firm with which the collaborative lawyer is
associated is disqualified from appearing before a court to represent
a party in a proceeding related to the collaborative matter if the
collaborative lawyer is disqualified from doing so under subdivision
(f)(1).
(3) A collaborative lawyer or a lawyer in a law firm with
which the collaborative lawyer is associated may represent a party:

(A) to ask a court to approve an agreement
resulting from the collaborative law process; or
(B) to seek to defend an emergency order to
protect the health, safety, welfare, or interest of a party, or a family
or household member as defined in section 741.28, Florida
Statutes, if a successor lawyer is not immediately available to
represent that person, but only until the party or family or
household member is represented by a successor lawyer or
reasonable measures are taken to protect the health, safety,
welfare, or interest of that person.
RULE 12.750. FAMILY SELF-HELP PROGRAMS
(a) Establishment of Programs. A chief judge, by
administrative order, may establish a self-help program to facilitate
access to family courts. The purpose of a self-help program is to
assist self-represented litigants, within the bounds of this rule, to
achieve fair and efficient resolution of their family law case. The
purpose of a self-help program is not to provide legal advice to self-
represented litigants. This rule applies only to programs established
and operating under the auspices of the court pursuant to this rule.
(b) Definitions.
(1) “Family law case” means any case in the circuit that
is assigned to the family law division.
(2) “Self-represented litigant” means any individual who
seeks information to file, pursue, or respond to a family law case
without the assistance of a lawyer authorized to practice before the
court.
(3) “Self-help personnel” means lawyer and nonlawyer
personnel in a self-help program.
(4) “Self-help program” means a program established
and operating under the authority of this rule.
(5) “Approved form” means (A) Florida Family Law
Rules of Procedure Forms or Florida Supreme Court Approved
Family Law Forms or (B) forms that have been approved in writing
by the chief judge of a circuit and that are not inconsistent with the
Supreme Court approved forms, copies of which are to be sent to
the chief justice, the chair of the Family Law Rules Committee of
The Florida Bar, the chair of the Family Law Section of The Florida
Bar, and the chair of the Family Court Steering Committee. Forms
approved by a chief judge may be used unless specifically rejected
by the Supreme Court.
(c) Services Provided. Self-help personnel may:
(1) encourage self-represented litigants to obtain legal
advice;
(2) provide information about available pro bono legal
services, low cost legal services, legal aid programs, and lawyer
referral services;
(3) provide information about available approved forms,
without providing advice or recommendation as to any specific
course of action;
(4) provide approved forms and approved instructions
on how to complete the forms;
(5) engage in limited oral communications to assist a
person in the completion of blanks on approved forms;
(6) record information provided by a self-represented
litigant on approved forms;
(7) provide, either orally or in writing, definitions of
legal terminology from widely accepted legal dictionaries or other
dictionaries without advising whether or not a particular definition
is applicable to the self-represented litigant’s situation;
(8) provide, either orally or in writing, citations of
statutes and rules, without advising whether or not a particular
statute or rule is applicable to the self-represented litigant’s
situation;
(9) provide docketed case information;
(10) provide general information about court process,
practice, and procedure;
(11) provide information about mediation, required
parenting courses, and courses for children of divorcing parents;
(12) provide, either orally or in writing, information from
local rules or administrative orders;
(13) provide general information about local court
operations;
(14) provide information about community services; and
(15) facilitate the setting of hearings.
(d) Limitations on Services. Self-help personnel shall not:
(1) provide legal advice or recommend a specific course
of action for a self-represented litigant;
(2) provide interpretation of legal terminology, statutes,
rules, orders, cases, or the constitution;
(3) provide information that must be kept confidential
by statute, rule, or case law;
(4) deny a litigant’s access to the court;
(5) encourage or discourage litigation;
(6) record information on forms for a self-represented
litigant, except as otherwise provided by this rule;
(7) engage in oral communications other than those
reasonably necessary to elicit factual information to complete the
blanks on forms except as otherwise authorized by this rule;
(8) perform legal research for litigants;
(9) represent litigants in court; and
(10) lead litigants to believe that they are representing
them as lawyers in any capacity or induce the public to rely upon
them for legal advice.
(e) Unauthorized Practice of Law. The services listed in
subdivision (c), when performed by nonlawyer personnel in a self-
help program, shall not be the unauthorized practice of law.
(f) No Confidentiality. Notwithstanding ethics rules that
govern attorneys, certified legal interns, and other persons working
under the supervision of an attorney, information given by a self-
represented litigant to self-help personnel is not confidential or
privileged.
(g) No Conflict. Notwithstanding ethics rules that govern
attorneys, certified legal interns, and other persons working under
the supervision of an attorney, there is no conflict of interest in
providing services to both parties.
(h) Notice of Limitation of Services Provided. Before
receiving the services of a self-help program, self-help personnel
shall thoroughly explain the “Notice of Limitation of Services
Provided” disclaimer below. Each self-represented litigant, after
receiving an explanation of the disclaimer, shall sign an
acknowledgment that the disclaimer has been explained to the self-
represented litigant and that the self-represented litigant
understands the limitation of the services provided. The self-help
personnel shall sign the acknowledgment certifying compliance with
this requirement. The original shall be filed by the self-help
personnel in the court file and a copy shall be provided to the self-
represented litigant.
NOTICE OF LIMITATION
OF SERVICES PROVIDED
THE PERSONNEL IN THIS SELF-HELP PROGRAM ARE NOT
ACTING AS YOUR LAWYER OR PROVIDING LEGAL ADVICE
TO YOU.
SELF-HELP PERSONNEL ARE NOT ACTING ON BEHALF OF
THE COURT OR ANY JUDGE. THE PRESIDING JUDGE IN
YOUR CASE MAY REQUIRE AMENDMENT OF A FORM OR
SUBSTITUTION OF A DIFFERENT FORM. THE JUDGE IS
NOT REQUIRED TO GRANT THE RELIEF REQUESTED IN A
FORM.
THE PERSONNEL IN THIS SELF-HELP PROGRAM CANNOT
TELL YOU WHAT YOUR LEGAL RIGHTS OR REMEDIES
ARE, REPRESENT YOU IN COURT, OR TELL YOU HOW TO
TESTIFY IN COURT.
SELF-HELP SERVICES ARE AVAILABLE TO ALL PERSONS
WHO ARE OR WILL BE PARTIES TO A FAMILY CASE.
THE INFORMATION THAT YOU GIVE TO AND RECEIVE
FROM SELF-HELP PERSONNEL IS NOT CONFIDENTIAL
AND MAY BE SUBJECT TO DISCLOSURE AT A LATER
DATE. IF ANOTHER PERSON INVOLVED IN YOUR CASE
SEEKS ASSISTANCE FROM THIS SELF-HELP PROGRAM,
THAT PERSON WILL BE GIVEN THE SAME TYPE OF
ASSISTANCE THAT YOU RECEIVE.
IN ALL CASES, IT IS BEST TO CONSULT WITH YOUR OWN
ATTORNEY, ESPECIALLY IF YOUR CASE PRESENTS
SIGNIFICANT ISSUES REGARDING CHILDREN, CHILD
SUPPORT, ALIMONY, RETIREMENT OR PENSION
BENEFITS, ASSETS, OR LIABILITIES.

I CAN READ ENGLISH.
I CANNOT READ ENGLISH. THIS NOTICE WAS READ
TO ME BY {NAME} IN {LANGUAGE}
.

SIGNATURE

AVISO DE LIMITACION
DE SERVICIOS OFRECIDOS
EL PERSONAL DE ESTE PROGRAMA DE AYUDA PROPIA
NO ESTA ACTUANDO COMO SU ABOGADO NI LE ESTA
DANDO CONSEJOS LEGALES.
ESTE PERSONAL NO REPRESENTA NI LA CORTE NI
NINGUN JUEZ. EL JUEZ ASIGNADO A SU CASO PUEDE
REQUERIR UN CAMBIO DE ESTA FORMA O UNA FORMA
DIFERENTE. EL JUEZ NO ESTA OBLIGADO A CONCEDER
LA REPARACION QUE USTED PIDE EN ESTA FORMA.
EL PERSONAL DE ESTE PROGRAMA DE AYUDA PROPIA
NO LE PUEDE DECIR CUALES SON SUS DERECHOS NI
SOLUCIONES LEGALES, NO PUEDE REPRESENTARLO EN
CORTE, NI DECIRLE COMO TESTIFICAR EN CORTE.
SERVICIOS DE AYUDA PROPIA ESTAN DISPONIBLES A
TODAS LAS PERSONAS QUE SON O SERAN PARTES DE UN
CASO FAMILIAR.
LA INFORMACION QUE USTED DA Y RECIBE DE ESTE
PERSONAL NO ES CONFIDENCIAL Y PUEDE SER
DESCUBIERTA MAS ADELANTE. SI OTRA PERSONA
ENVUELTA EN SU CASO PIDE AYUDA DE ESTE
PROGRAMA, ELLOS RECIBIRAN EL MISMO TIPO DE
ASISTENCIA QUE USTED RECIBE.
EN TODOS LOS CASOS, ES MEJOR CONSULTAR CON SU
PROPIO ABOGA-DO, ESPECIALMENTE SI SU CASO TRATA
DE TEMAS RESPECTO A NINOS, MANTENIMIENTO
ECONOMICO DE NINOS, MANUTENCION MATRIMONIAL,
RETIRO O BENEFICIOS DE PENSION, ACTIVOS U
OBLIGACIONES.

YO PUEDO LEER ESPANOL.
YO NO PUEDO LEER ESPANOL. ESTE AVISO FUE
LEIDO A MI POR {NOMBRE} EN {IDIOMA}
.

FIRMA
If information is provided by telephone, the notice of limitation
of services provided shall be heard by all callers prior to speaking to
self-help staff.
(i) Exemption. Self-help personnel are not required to
complete Florida Family Law Rules of Procedure Form 12.900(a),
Disclosure From Nonlawyer, as required by rule 10-2.1, Rules
Regulating The Florida Bar. The provisions in rule 10-2.1, Rules
Regulating The Florida Bar, which require a nonlawyer to include
the nonlawyer’s name and identifying information on a form if the
nonlawyer assisted in the completion of a form, are not applicable
to self-help personnel unless the self-help personnel recorded the
information on the form as authorized by this rule.
(j) Availability of Services. Self-help programs are
available to all self-represented litigants in family law cases.
(k) Cost of Services. Self-help programs, as authorized by
statute, may require self-represented litigants to pay the cost of
services provided for by this rule, provided that the charge for
persons who are indigent is substantially reduced or waived.
(l) Records. All records made or received in connection with
the official business of a self-help program are judicial records and
access to such records shall be governed by Florida Rule of General
Practice and Judicial Administration 2.420.
(m) Domestic, Repeat, Dating, and Sexual Violence, and
Stalking Exclusion. Nothing in this rule shall restrict services
provided by the clerk of the court or family or in-junctions for
protection intake personnel pursuant to rule 12.610.
Commentary
1998 Adoption. It should be emphasized that the personnel
in the self-help programs should not be providing legal advice to
self-represented litigants. Self-help personnel should not engage in
any activities that constitute the practice of law or inadvertently
create an attorney-client relationship. Self-help programs should
consistently encourage self-represented litigants to seek legal advice
from a licensed attorney. The provisions of this rule only apply to
programs established by the chief judge.
Subdivision (b). This rule applies only to assistance offered in
family law cases. The types of family law cases included in a family
law division may vary based on local rule and it is anticipated that a
local rule establishing a self-help program may also exclude types of
family law cases from the self-help program. Programs may operate
with lawyer personnel, nonlawyer personnel, or a combination
thereof.
Subdivision (c)(2). The self-help program is encouraged to
cooperate with the local bar to develop a workable system to provide
this information. The program may maintain information about
members of The Florida Bar who are willing to provide services to
self-represented litigants. The program may not show preference for
a particular service, program, or attorney.
Subdivision (c)(3). In order to avoid the practice of law, the
self-help personnel should not recommend a specific course of
action.
Subdivision (c)(5). Self-help personnel should not suggest the
specific information to be included in the blanks on the forms. Oral
communications between the self-help personnel and the self-
represented litigant should be focused on the type of information
the form is designed to elicit.
Subdivision (c)(8). Self-help personnel should be familiar with
the court rules and the most commonly used statutory provisions.
Requests for information beyond these commonly used statutory
provisions would require legal research, which is prohibited by
subdivision (d)(8).
Subdivision (c)(9). Self-help personnel can have access to the
court’s docket and can provide information from the docket to the
self-represented litigant.
Subdivision (f). Because an attorney-client relationship is not
formed, the information provided by a self-represented litigant is
not confidential or privileged.
Subdivision (g). Because an attorney-client relationship is not
formed, there is no conflict in providing the limited services
authorized under this rule to both parties.
Subdivision (h). It is intended that self-represented litigants
who receive services from a self-help program understand that they
are not receiving legal services. One purpose of the disclosure is to
prevent an attorney-client relationship from being formed. In
addition to the signed disclosure, it is recommended that each
program post the disclosure in a prominent place in the self-help
program. The written disclosure should be available and posted in
the languages that are in prevalent use in the county.
Subdivision (i). This provision is to clarify that nonlawyer
personnel are not required to use Florida Family Law Rules of
Procedure Form 12.900(a) because the information is included in
the disclosure required by this rule. Self-help personnel are
required to include their name and identifying information on any
form on which they record information for a self-represented
litigant.

Syfert Injury Law Firm

Florida Family Law Rules of Procedure

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