Fill Out Your Florida Procedure Form

When should I use the Florida Procedure form?

This form should be used when filing a family law case in Florida if there are related cases. According to Florida Rule of Judicial Administration 2.545(d), you must notify the court if there are existing cases that involve the same parties, children, or issues. It's important to identify any related cases because a court's decision in one case may affect another. Your local circuit court may require this form even if you believe there are no related cases.

What are related cases?

A case is considered "related" if it involves the same individuals or issues and is pending when you file your family law case. Related cases can include civil, criminal, guardianship, domestic violence, juvenile delinquency, juvenile dependency, or domestic relations cases. If any orders in these cases may conflict with orders in your new case, they must be disclosed using this form.

How should I file this form?

You must submit the completed form to the clerk of the circuit court along with your initial filing for the family law case. The form should be typed or legibly printed in black ink. After filing, it is crucial to serve copies of the form upon the judges handling the related cases and all relevant parties. This can be done through methods outlined in Florida Rule of Judicial Administration 2.516. Always keep a copy for your records.

What if I need help filling out this form?

If a nonlawyer assists you with the form, they are required to provide a Disclosure from Nonlawyer. This document ensures that you understand their role in helping you complete the form. Additionally, the nonlawyer must include their contact information on the last page of the form they help fill out. This safeguard protects your rights and ensures that you are aware of who is assisting you.

Filling out the Florida Procedure form can be daunting, and many individuals make mistakes that could affect their cases. One common error is not checking the "related cases" section appropriately. Some may leave it blank or mark both options, which could confuse the court regarding the status of other cases.

Another frequent mistake involves omitting necessary case details. Individuals sometimes forget to include relevant case numbers, names of parties, or the type of proceedings. This information is crucial for the court to understand the context of the related cases.

In addition, individuals often fail to indicate the relationship between the cases. This section requires specific checks on how the cases are related, yet many do not provide the requested details. Failing to describe the relationship can lead to delays or additional requests for information from the court.

People sometimes neglect proper service of the form. The instructions specify that the form must be served to all related parties and presiding judges, but not everyone follows through with this requirement. This oversight can jeopardize the case, as the court needs to ensure all parties are informed.

Another common mistake is the use of incorrect or unreadable ink. The form must be completed in black ink for clarity. If individuals use other colors or fail to print legibly, their submissions may be deemed unacceptable by the court.

Many individuals also do not keep a personal copy of the completed form. Having a record is important for reference and future litigation actions. Without this, they may find themselves at a disadvantage later on.

Additionally, not reading the "General Information for Self-Represented Litigants" can lead to errors. This document contains important definitions and instructions that can help clarify the form requirements and procedural expectations.

Some people also overlook the importance of reviewing the completed form before submission. Errors in spelling or incorrect information can detract from the form’s credibility. Taking the time to review it can prevent unnecessary complications.

Finally, many nonlawyers who assist others often fail to provide their disclosure information at the bottom of the form. The law requires that they include their name, address, and telephone number. This omission can lead to questions about the validity of the assistance received.

By avoiding these ten mistakes, individuals can enhance the integrity of their submissions and help ensure their cases proceed smoothly through the family law system in Florida.

The Florida Procedure form is essential in notifying the court of any related family law cases. However, several other forms are typically filed alongside it to ensure the complete and accurate presentation of a case. Each of these forms plays a key role in the family law process and helps maintain clarity in the court's record. Below are five common documents often used with the Florida Procedure form.

• Petition for Dissolution of Marriage (Form 12.901(b)): This form initiates the divorce process by formally requesting the court to end a marriage. It includes necessary details about both parties, any children involved, and the desired outcome regarding property division, custody, and support.
• Financial Affidavit (Form 12.902(b) or (c)): Required for many family law cases, this affidavit provides a comprehensive overview of an individual's financial situation. It details income, expenses, assets, and liabilities, helping the court make informed decisions regarding financial support and property division.
• Child Support Guidelines Worksheet (Form 12.902(e)): This document assists in determining the appropriate level of child support obligations. It calculates support based on the parties' incomes, the number of children, and other relevant factors, serving as a basis for court orders.
• Parental Responsibility and Time-Sharing Agreement (Form 12.995(b)): This agreement outlines how parenting responsibilities and time-sharing will be divided between parents. It addresses custodial arrangements and visitation schedules in the best interest of the child.
• Notice of Hearing (Form 12.923): This form is used to inform all parties involved in the case about an upcoming hearing date. It ensures that everyone has the opportunity to attend and present their side regarding the matters being discussed in court.

Utilizing these additional forms in conjunction with the Florida Procedure form can enhance the clarity and efficiency of the legal process. Proper filing and communication of related cases are crucial for the timely resolution of family law matters.

The Florida Procedure form shares similarities with several other legal documents pertinent to family law proceedings. Below is a list that outlines these comparable forms:

• Family Law Rules of Procedure Form 12.900(a) - This form also requires related case notifications and is used similarly to the Notice of Related Cases, emphasizing the relationship between multiple family law cases.
• Florida Family Law Form 12.901(a) - The Petition for Dissolution of Marriage form necessitates the disclosure of related cases, providing context to the court regarding previously existing family law matters.
• Family Law Rules of Procedure Form 12.902(b) - This financial affidavit form supports cases involving child support or alimony, where prior cases can affect the court's findings and decisions.
• Family Law Rules of Procedure Form 12.903(a) - The Petition for Establishment of Paternity requires acknowledgment of any related cases that may influence its outcome, fostering clarity in jurisdictional matters.
• Family Law Rules of Procedure Form 12.905(a) - The Motion for Supplemental Relief requests changes in existing orders. This form must consider any prior associated cases to prevent conflicting orders.
• Family Law Rules of Procedure Form 12.907 - The Request for Parenting Course Completion form also necessitates awareness of related cases, as parenting courses can influence multiple cases involving child custody or visitation.
• Family Law Rules of Procedure Form 12.910(a) - The Petition for Temporary Relief form highlights the need for related case notices. It often precedes decisions that affect family law dynamics.
• Family Law Rules of Procedure Form 12.941 - This Motion for Contempt can address violations of previous court orders, making related case disclosures crucial to ensuring compliance with existing rulings.
• Florida Family Law Form 12.942 - The Order to Appear form is often used in connection with hearings involving multiple cases, reinforcing the requirement for related case information to prevent jurisdictional conflicts.

When filling out the Florida Procedure form (Form 12.900(h)), consider the following guidelines to ensure proper completion:

• Do use black ink or type the form to maintain legibility.
• Don’t leave any fields blank unless specifically instructed to do so.
• Do file the form with the clerk of the circuit court when submitting your initial pleading.
• Don’t forget to serve a copy of the form to the presiding judges and all parties involved in related cases.
• Do keep a copy for your records after filing.
• Don’t use incorrect court names or case numbers; ensure accuracy.
• Do read the instructions thoroughly to avoid common mistakes.
• Don’t attempt to fill out the form if unsure about any required information; seek assistance if necessary.
• Do check all applicable relationships and types of proceedings before submitting.

Misunderstandings about the Florida Procedure form can lead to confusion and errors in family law cases. Here are some common misconceptions:

1. This form is only for open cases. Many believe the Notice of Related Cases form can only be used for ongoing cases, but it applies to both open and closed cases as well.
2. If there are no related cases, I don’t need to file this form. Regardless of whether related cases exist, some circuits may still require the submission of this form.
3. Only lawyers can file this form. While it is often advisable to have legal representation, individuals can file this form on their own, as long as they follow the requirements.
4. This form is optional. In truth, filing the Notice of Related Cases is a requirement under Florida Rule of Judicial Administration 2.545(d).
5. I can submit the form after filing my family law case. The form should be filed along with the initial pleading, not afterward.
6. Service is not necessary if I file the form with the court. A copy of the form must also be served on the presiding judges and all parties involved in any related cases.
7. The form must be handwritten. In fact, the form should be typed or printed in black ink for clarity.
8. Nonlawyers do not have any obligations. A nonlawyer assisting someone in filling out this form must provide a Disclosure from Nonlawyer and include their contact information on the document.
9. All sections of the form must be filled out even if some do not apply. It is acceptable to leave sections blank if they do not pertain to the individual's specific cases.
10. This form is only relevant for divorce cases. The Notice of Related Cases form covers a variety of issues, including paternity, custody, adoption, and more.

Understanding these misconceptions can make the process smoother and help ensure compliance with Florida family law procedures.

Understanding the Florida Procedure form is crucial for navigating family law cases correctly. Here are some key takeaways to remember when filling out and using the Notice of Related Cases, Form 12.900(h):

• Who needs to file: The petitioner in a family law case is generally required to submit this form to the court if there are related cases.
• Related cases defined: A related case is one involving the same parties, children, or issues, and it must be pending when the family law case is filed.
• Filing requirement: This form must be filed with the initial pleadings in your family law case, typically at the circuit court clerk’s office.
• Service of notice: After filing, make sure to serve a copy of this form to presiding judges and all parties involved in the related cases.
• Form appearance: Fill out the form using black ink and ensure it is typed or printed clearly for readability.
• Keep copies: Always retain a copy of this form for your records after filing and serving it.
• Industry guidelines: Familiarize yourself with Florida Rule of Judicial Administration 2.545(d) for additional guidance on related cases.
• Nonlawyer assistance: If a nonlawyer helps you complete this form, they must provide you with a Disclosure from Nonlawyer.
• Check relationships: Clearly indicate how the cases are related within the form and check all applicable boxes.

By keeping these points in mind, you can ensure that you fill out and use the Florida Procedure form appropriately, helping to streamline the process and keep your case on track.