Fill Out Your Motion Florida Form

What is the Motion Florida form used for?

The Motion Florida form is a legal document that individuals can use to request a specific action from the court in the Thirteenth Judicial Circuit in Tampa, Florida. This form is especially useful when you have an ongoing lawsuit or need to ask the court to enforce a previous order.

When should I use a motion instead of a petition?

A motion is used to make requests during an ongoing lawsuit, while a petition starts a lawsuit or reopens a closed one. If you are looking to change a previous court order or enforce an existing one, you should use a motion.

Do I need to pay a filing fee for a motion?

No, filing a motion typically does not require a fee. However, if you are starting a new lawsuit or modifying a previous court order, you will have to file a petition, which usually requires a fee.

What should I include in the motion?

You need to clearly outline your legal concern and suggest what action you want the court to take in the numbered paragraphs of the motion. Be specific about the relief you are seeking.

Why is it important to notarize my motion?

Notarizing your motion helps to verify your identity and adds credibility to the document. This step can prevent potential issues and ensure your motion is accepted by the court.

What are my responsibilities regarding the other party when filing a motion?

You must provide a copy of your motion to the other party at the same time you file it with the court. This can be done by mailing, faxing, or hand-delivering the motion. Be sure to fill out the “Certificate of Service” accordingly.

What if I don’t notify the other party about my motion?

If you file a motion without notifying the other party, it is considered an ex parte motion, meaning the judge can only rule on it without a hearing under specific circumstances. Generally, it’s best to inform the other party to ensure fair proceedings.

How do I schedule a hearing for my motion?

You must schedule the hearing after filing your motion. Contact the other party to agree on a convenient time. If you cannot agree, you may set the hearing on your own. However, provide at least five business days' notice to the other party unless your motion is urgent.

Where do I file my motion?

You can file your motion in person at 800 East Twiggs Street, room 101, Tampa, Florida. If you prefer to file by mail, send it to Clerk of the Court, P.O. Box 3450, Tampa, Florida 33601.

What should I do after filing my motion?

After filing your motion, you need to complete a “Notice of Hearing” form, file it with the court, and serve a copy to the other party. This ensures that all parties are aware of the scheduled hearing and can prepare accordingly.

When filling out the Motion Florida form, one common mistake is not identifying the correct legal action. Many people confuse a petition with a motion. A petition is used to start a lawsuit or reopen an existing one, whereas a motion is intended to request a specific order during a pending case. Without recognizing the difference, individuals may end up using the wrong form, which can lead to delays or rejection of their request.

Another frequent error involves leaving sections of the form incomplete. It's essential to detail your request clearly in the designated numbered paragraphs. Failing to clearly explain what you want the court to order may result in the court being unable to grant your relief. Remember, if you do not specify exactly what you are requesting, the judge cannot make an informed decision.

Some people neglect to serve the motion to the other party. It's vital to provide a copy of your motion to anyone involved in the case at the same time you file it. If you bypass this important step, your motion may be considered an ex parte motion, which has strict limits on the circumstances under which it can be granted. This oversight can significantly impact the court’s ability to rule on your motion.

Not scheduling a hearing after filing the motion is another typical mistake. Once you submit your motion, you must set a hearing date with the judge or general master. It is your responsibility to give the other party at least five business days' notice before the hearing, unless agreed otherwise. Failure to do so can lead to your motion being denied.

Lastly, some individuals forget to notarize their motion. A signature without notarization may lead to complications later on. It is a good practice to have all motions notarized, as this adds to the document’s validity and may prevent issues with the court down the line.

When navigating family law matters in Florida, various forms and documents complement the Motion Florida form. Each of these documents plays a crucial role in ensuring proper legal procedures are followed. Understanding these forms can help in effectively managing a case and communicating with the court.

• Motion for Civil Contempt/Enforcement - Form 12.960: This form is used when one party believes the other has failed to comply with a court order. The motion requests the court to enforce the previous order and hold the non-compliant party in contempt.
• Emergency Verified Motion for Child Pick-Up Order - Form 12.941(d): This document is filed when urgent action is needed to secure the safety of a child. It requests the court to issue an immediate order for the return of a child who may be in danger.
• Motion for Temporary Injunction to Prevent the Removal of Child(ren) and Denial of Passport Services - Form 12.941(a): This form prevents a parent from removing a child from the jurisdiction or applying for their passport. It aims to protect the child’s welfare during legal proceedings.
• Motion for Appointment of Guardian Ad Litem - Form 12.942(a): This motion seeks to appoint a guardian ad litem, an advocate for a child's best interests in court. It is essential in cases where children's welfare is in question.

Each of these forms serves a specific purpose in family law proceedings. Familiarizing oneself with these documents can ensure that necessary steps are taken for effective legal representation and advocacy.

• Motion for Civil Contempt/Enforcement – Form 12.960: This document requests the court to enforce a prior order. It outlines the specific grounds on which the enforcement is sought, similar to the Motion Florida form that also requests specific judicial action.

• Emergency Verified Motion for Child Pick-Up Order – Form 12.941(d): This motion is used to urgently request court intervention regarding child custody issues. Like the Motion Florida form, it requires detailed grounds and proposed remedies.

• Motion for Temporary Injunction to Prevent the Removal of Child(ren) and Denial of Passport Services – Form 12.941(a): This motion seeks immediate court orders to prevent actions that could harm a child's welfare, similar in nature to the specific requests made in the Motion Florida form.

• Motion for Appointment of Guardian Ad Litem – Form 12.942(a): This form requests the court to appoint a guardian to represent a child's best interests in legal matters. Both forms require a clear articulation of the reasons and outcomes sought.

• Motion to Modify Parenting Plan: This motion seeks changes to an existing parenting plan. As with the Motion Florida form, it outlines specific requests and provides grounds for modification.

• Motion for Rehearing: This document requests the court to reconsider a prior ruling. It shares the need for clarity and justification similar to the Motion Florida form.

• Emergency Motion for Temporary Relief: This form is filed for urgent issues requiring immediate resolution, mirroring the need for swift judicial action found in the Motion Florida form.

• Motion to Compel Discovery: This motion asks the court to enforce compliance with discovery requests. Both forms aim for judicial intervention based on expressed necessity.

• Motion for Change of Venue: This form requests a move of the case to a different court. Here too, a clear request and reasoning are essential, similar to the requirements of the Motion Florida form.

• Motion for Summary Judgment: This document asks the court to rule in one's favor based on existing evidence. Like the Motion Florida form, it requires specificity in what relief is sought and grounds for that request.

Do's and Don'ts for Filling Out the Motion Florida Form

• Do: Read the instructions carefully to ensure you understand the requirements.
• Do: Provide a clear statement of your legal issue and the relief you seek.
• Do: Sign the motion in front of a notary public to ensure its validity.
• Do: Serve a copy of the motion to the other party using an appropriate method.
• Don't: Submit the motion without serving the other party, unless an exception applies.
• Don't: Assume you can use the blank motion for all types of requests; check for applicable forms first.
• Don't: File the motion without first scheduling a hearing date.
• Don't: Forget to complete and file the accompanying "Notice of Hearing" form.

Understanding the Motion Florida form is essential for navigating the family law process effectively. However, several misconceptions may arise about its use. Below are common misconceptions, along with clarifications that can help set the record straight.

• The blank motion can be used for any legal request. This is incorrect. The blank motion should only be used when no other suitable court-approved form exists for your specific situation. If a relevant form is available, it is crucial to use that instead.
• You do not need to notify the other party when filing a motion. Notification is essential in most cases. Failing to serve the other party can lead to your motion being considered ex parte, which could limit the court's ability to hear your case.
• A motion and a petition serve the same purpose. This is a misconception. A petition initiates a lawsuit or modifies an existing court order, while a motion requests specific actions during an ongoing case. Understanding this distinction is vital for the proper filing process.
• You do not need to specify what relief you are requesting. This statement is untrue. It is necessary to clearly outline the relief sought in your motion. The court needs specific requests to make an informed decision.
• Notarizing the motion is optional. In reality, it is highly recommended to notarize your motion. Doing so helps prevent potential issues in the future and confirms the authenticity of your submission.
• If you mail your motion, you do not need to complete a Certificate of Service. This is misleading. Regardless of how you file your motion, it is vital to complete a Certificate of Service to indicate how and when the other party was served.

By addressing these misconceptions, individuals can approach their family law matters with a clearer understanding of the process. Ensuring accurate practices will support fair outcomes and facilitate smoother interactions with the court.

• Consult a Lawyer: If you have questions about your motion, consulting with a lawyer is strongly recommended for guidance.
• Use Approved Forms: Before using the blank motion, check if a court-approved form is applicable for your situation.
• Understand the Difference: A petition starts a lawsuit while a motion serves to request a specific order during an ongoing case.
• Notarize Your Motion: Ensure your motion is signed in front of a notary public to avoid future complications.
• Service of Motion: It’s crucial to provide a copy of your motion to the other party simultaneously when filing.
• Schedule a Hearing: After filing your motion, obtain and coordinate a hearing date with the other party.
• Provide Notice: Give the other party at least five business days’ notice prior to the hearing unless it’s an emergency motion.