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Fill in a Valid Motion Florida Form

The Motion Florida form serves as a blank template for individuals seeking judicial action within the Thirteenth Judicial Circuit in Tampa, Florida. This form can be utilized during an ongoing lawsuit or after a final judgment has been entered. It is crucial to ensure that no more suitable court-approved form exists before proceeding with this blank motion.

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Table of Contents

Key takeaways

When filling out and using the Motion Florida form, there are several important points to keep in mind:

Understand the difference between a petition and a motion. A petition starts a lawsuit or modifies an existing order, while a motion requests a specific order during a pending lawsuit.
Complete the form thoroughly. Clearly state your legal issue and the relief you seek in the numbered paragraphs. The court can only grant what you explicitly request.
Notify the other party. You must serve a copy of your motion to the other party at the same time you file it. This can be done by mail, fax, or in person.
Schedule a hearing. After filing, you must arrange a hearing date with the judge and notify the other party at least five business days in advance, unless it’s an emergency motion.

Common mistakes

Not using the correct form. Many individuals mistakenly use the blank motion when a specific court-approved form is more appropriate for their situation.
Failing to identify the type of filing. Confusion between a petition and a motion can lead to incorrect filings. A petition is necessary to start a lawsuit, while a motion is for requests during an ongoing case.
Omitting essential details. When filling out the numbered paragraphs, some people forget to clearly state their legal problem and the specific relief they are requesting.
Not signing in front of a notary. A motion requires notarization. Failing to do this can lead to complications or rejection of the motion.
Ignoring the service requirement. Individuals often forget to provide a copy of the motion to the other party, which is crucial unless it qualifies as an ex parte motion.
Neglecting the Certificate of Service. Some fail to complete this section, which indicates how the other party was notified about the motion.
Not scheduling a hearing. After filing, you must schedule a hearing. Some forget this step, which is vital for the motion to be considered by the court.
Providing insufficient notice. Failing to give the other party at least five business days to prepare for the hearing can result in the court denying the motion.
Not completing the Notice of Hearing. After obtaining a hearing date, the Notice of Hearing form must be filled out and filed. Skipping this step can cause delays.
Incorrectly listing case details. Errors in naming the parties or case number can lead to confusion and possible dismissal of the motion.

Misconceptions

Understanding the Motion Florida form can be challenging, and several misconceptions often arise. Here are eight common misunderstandings regarding this form:

Anyone can use the blank motion for any legal issue. Many believe the blank motion can address any legal concern, but it should only be used when no specific form has been approved by the Florida Supreme Court for your situation.
A motion is the same as a petition. Some think a motion and a petition are interchangeable. However, a petition starts a lawsuit or modifies an existing order, while a motion requests a specific order during an ongoing case.
You do not need to notify the other party when filing a motion. This is incorrect. Generally, you must serve a copy of the motion to the other party simultaneously when you file it with the court.
Notarization is optional for the motion. Many assume that notarizing the motion is not necessary. In reality, it is a good practice to have your motion notarized to prevent potential issues later.
The court will automatically understand your request. Some individuals think the court will know what they want without explicitly stating it. The court can only grant relief if you clearly outline your request in the motion.
Filing a motion is the same as scheduling a hearing. People often confuse filing a motion with scheduling a hearing. After filing a motion, you must separately schedule a hearing with the judge.
You can file a motion without a hearing date. This misconception leads to confusion. When filing a motion, you must also schedule a hearing date and notify the other party about it.
The five-day notice rule does not apply to all motions. Some believe that they can disregard the five-business-day notice requirement for all motions. However, this rule is crucial unless the motion is classified as an emergency.

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Similar forms

The Motion Florida form is similar to several other legal documents used in family law cases. Each document serves a specific purpose but shares common features. Here are five documents that are similar:

Motion for Civil Contempt/Enforcement - Form 12.960: This document is used to request the court to enforce a prior order. It is similar to the Motion Florida form as both require a clear statement of what relief is being sought from the court.
Emergency Verified Motion for Child Pick-Up Order - Form 12.941(d): This motion requests immediate action regarding child custody issues. Like the Motion Florida form, it must specify the desired outcome and the reasons for urgency.
Motion for Temporary Injunction to Prevent the Removal of Child(ren) and Denial of Passport Services - Form 12.941(a): This document seeks to prevent specific actions regarding children. Both forms require detailed explanations of the request and the grounds for it.
Motion for Appointment of Guardian Ad Litem - Form 12.942(a): This motion requests the court to appoint a guardian for a child involved in legal proceedings. Similar to the Motion Florida form, it must articulate the reasons for the request clearly.
Notice of Hearing - Form 12.923: This document informs the parties of a scheduled court hearing. It is related to the Motion Florida form in that both require timely communication with the other party regarding court proceedings.

File Overview

Fact Name	Fact Description
Governing Law	The Motion Florida form is governed by the Florida Family Law Rules of Procedure.
Jurisdiction	This form is specifically for use in the Thirteenth Judicial Circuit, Tampa, Florida.
Purpose	The form is used to request judicial action during an ongoing lawsuit or after a final judgment.
Use of Approved Forms	Before using the blank motion, check if a more suitable court-approved form exists.
Filing Fee	Filing a motion does not typically require a fee, unlike a petition.
Notarization Requirement	It is essential to sign the motion in front of a notary public for validation.
Service of Motion	A copy of the motion must be provided to the other party upon filing, except in limited instances.
Ex Parte Motions	Filing without notifying the other party creates an ex parte motion, which has strict conditions.
Hearing Notification	After filing, a hearing must be scheduled, and notice must be given at least five business days in advance.
Certificate of Service	Completing the "Certificate of Service" is mandatory to indicate how the motion was served.

How to Fill Out Motion Florida

Filling out the Motion Florida form is a crucial step in seeking judicial action. It requires careful attention to detail to ensure that your request is clear and properly presented to the court. Following these steps will help you navigate the process smoothly and increase the likelihood of a favorable outcome.

Begin by identifying the appropriate case. Fill in the names of the petitioner and respondent at the top of the form, along with the case number and division.
Clearly state the purpose of your motion in the section labeled "MOTION TO/FOR." This should succinctly reflect what you are asking the court to do.
In the next section, provide your name. This should be the name of the individual filing the motion.
Detail the relief you are seeking. Use the numbered lines provided to clearly outline your requests. Be specific about what you want the court to order.
After listing your requests, include a concluding statement that summarizes your plea for the court to grant the relief you have requested.
Complete the “Certificate of Service” section. Indicate how you will serve the motion to the other party—by mail, fax, or hand delivery—and provide the date of service.
Fill in the name and address of the other party or their attorney in the designated space.
Sign the motion in front of a notary public. Ensure that the notary also completes their section, confirming your identity.
Decide whether to file the motion in person or by mail. If filing in person, go to the specified court location. If filing by mail, send your documents to the Clerk of the Court at the provided address.
After filing, schedule a hearing date with the judge or general master. Make efforts to coordinate with the other party to find a suitable time.
Complete and file a “Notice of Hearing” form, and serve a copy to the other party at least five business days before the hearing, unless it is an emergency motion.

Crucial Queries on This Form

What is the Motion Florida form used for?

The Motion Florida form is utilized to request judicial action within the Thirteenth Judicial Circuit in Tampa, Florida. It can be employed during an ongoing lawsuit or after a final judgment has been issued. This form serves as a means for individuals to articulate their legal concerns and propose solutions to the court.

When should I use a motion instead of a petition?

It's important to understand the distinction between a motion and a petition. A petition initiates a lawsuit or reopens a closed case, while a motion requests a specific order during an active lawsuit. If you need to enforce a previous court order or seek a new ruling, a motion is the appropriate choice. Additionally, motions typically do not incur a filing fee, unlike petitions.

How do I complete the Motion Florida form?

To complete the Motion Florida form, you must fill in the blank numbered paragraphs with your current legal issue and your proposed remedy. Be specific about what you want the court to order. It is crucial to sign the motion in front of a notary public, who will then notarize the document. This step helps prevent future complications.

What are the service requirements for the motion?

Service of the motion on the other party is generally required. You must provide a copy of your motion simultaneously when filing it with the court. This can be done via mail, fax, or hand delivery. After choosing a method, fill out the “Certificate of Service” section to indicate how you served the motion. If you file without notifying the other party, the motion may be considered ex parte, limiting the court's ability to rule on it without a hearing.

Where do I file my Motion Florida form?

You can file your motion in person at the Clerk of Court's office located at 800 East Twiggs Street, room 101, Tampa, Florida. If you prefer to file by mail, send your documents to the Clerk of the Court at P.O. Box 3450, Tampa, Florida 33601. For any inquiries, you can contact the Clerk of Court at 276-8100 x 4358.

What steps should I take to schedule a hearing?

After filing your motion, you must schedule a hearing with the judge or general master. Contact the other party to agree on a convenient time for the hearing. If you cannot reach an agreement, you can set the date yourself. However, remember that you must provide the other party with a copy of the motion at least five business days before the hearing unless they agree to an earlier date.

What happens if I don’t provide notice to the other party?

Failing to provide the other party with notice at least five business days prior to the hearing can result in the court denying or striking your motion. This emphasizes the importance of adhering to service requirements to ensure that all parties have adequate time to prepare for the hearing.

What is the purpose of the “Notice of Hearing” form?

The “Notice of Hearing” form (12.923) is essential for informing the other party about the scheduled hearing date. After you complete this form, you must file it with the court and serve a copy to the other party. This ensures that all involved are aware of when the court will address the motion.

Can I seek legal assistance while completing the Motion Florida form?

If you have questions or concerns while completing the Motion Florida form, it is advisable to consult with a lawyer. Legal professionals can provide guidance and help ensure that your motion is properly prepared and filed, which can be crucial for the success of your case.

Documents used along the form

When filing a Motion in Florida, several other forms and documents may accompany it to ensure proper legal procedures are followed. Understanding these documents can help individuals navigate the legal process more effectively.

Motion for Civil Contempt/Enforcement - Form 12.960: This form is used when a party believes that another party has violated a court order. It requests the court to enforce the order and may lead to penalties for non-compliance.
Emergency Verified Motion for Child Pick-Up Order - Form 12.941(d): This document is utilized in urgent situations where a child is at risk of being removed from their current living situation. It requests immediate action from the court to ensure the child's safety.
Motion for Temporary Injunction to Prevent the Removal of Child(ren) and Denial of Passport Services - Form 12.941(a): This motion seeks a temporary court order to prevent the removal of children from the jurisdiction or to deny passport services until the court can address the issue.
Motion for Appointment of Guardian Ad Litem - Form 12.942(a): This form requests the court to appoint a guardian ad litem, who will represent the best interests of a child during legal proceedings.
Certificate of Service: This document certifies that the motion has been properly served to the other party. It outlines the method of service used, ensuring compliance with court rules.
Notice of Hearing - Form 12.923: This form is essential for scheduling a hearing on the motion. It informs the other party of the date and time of the hearing, allowing them to prepare accordingly.
Affidavit: An affidavit may be required to provide sworn statements or evidence supporting the motion. This document must be notarized and submitted alongside the motion.

Each of these documents plays a crucial role in the legal process. Properly completing and submitting them can help ensure that the court considers the motion effectively and fairly.