Content Overview
Understanding Florida Motion
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What is the purpose of the Florida Motion for Civil Contempt/Enforcement form?
This form is designed for individuals seeking to enforce a prior court order or final judgment. If a party has not complied with a court order, this motion allows the other party to request the court's intervention to ensure compliance.
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How do I file the Motion for Civil Contempt/Enforcement?
To file this motion, you need to complete the form with the necessary details about the prior court order and the noncompliance. After filling it out, you must sign the document in front of a notary public or deputy clerk. The original form should then be filed with the clerk of the circuit court in the county where your case was initiated. Remember to keep a copy for your records.
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What are the requirements for electronic filing (e-filing) of this motion?
Under the Florida Rules of Judicial Administration, most documents must be filed electronically. While self-represented litigants can choose to file electronically, it is not mandatory. If you decide to e-file, you must adhere to the specific rules outlined in Florida Rule of Judicial Administration 2.525 and follow the local procedures of your judicial circuit.
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What is the process for serving the motion to the other party?
The motion must be served to the other party either personally by a sheriff or private process server, or through mail, email, or hand delivery. However, it is important to note that mailing or emailing may not always be considered adequate notice by the court. For guaranteed compliance, personal service is recommended.
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What happens after I file the motion and serve the other party?
Once the motion is filed and served, the court will schedule a hearing. You should check with the clerk of court or family law intake staff for local procedures regarding hearing scheduling. At the hearing, you will need to demonstrate that the other party has failed to comply with the court order. If the court finds the other party in contempt, it may impose sanctions to enforce compliance.
Common mistakes
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Incomplete Information: Many individuals fail to provide all necessary details in the motion form. This includes not specifying the final judgment or order clearly or omitting the required explanation of what the other party has failed to do. Such omissions can lead to delays or rejection of the motion.
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Improper Service: Some people do not follow the correct procedures for serving the motion to the other party. The motion must be personally served by a sheriff or a private process server, or mailed, e-mailed, or hand-delivered. Failing to adhere to these requirements can result in the court not considering the motion.
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Failure to Sign Before a Notary: It is crucial to sign the motion in front of a notary public or deputy clerk. Neglecting this step can render the motion invalid, as the court requires a sworn statement to proceed.
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Ignoring E-Filing Rules: Individuals often overlook the e-filing requirements mandated by the Florida Rules of Judicial Administration. If opting for electronic filing, it is essential to follow the specific procedures outlined for the judicial circuit in which the motion is filed.
How to Use Florida Motion
Filling out the Florida Motion for Civil Contempt/Enforcement form requires careful attention to detail. After completing the form, it must be signed in front of a notary public or deputy clerk. The original should be filed with the clerk of the circuit court in the appropriate county, and a copy should be kept for personal records.
- Obtain the Florida Motion for Civil Contempt/Enforcement form (Form 12.960).
- Fill in the title of the court and the case number at the top of the form.
- Identify the parties involved by entering the names of the Petitioner and Respondent.
- State the reason for the motion by checking either the Petitioner or Respondent box.
- Provide the title and date of the final judgment or order that you are seeking to enforce.
- Describe the specific actions that the other party was ordered to take or refrain from taking.
- Explain how the other party has willfully failed to comply with the court order.
- List the relief you are requesting from the court, checking all applicable options.
- Sign the form in front of a notary public or deputy clerk.
- File the original form with the clerk of the circuit court in the county where your case was filed.
- Keep a copy of the completed form for your records.
- Serve a copy of the motion to the other party, ensuring compliance with service requirements.
Once the form is filed and served, the court will schedule a hearing. It is essential to check with the clerk or family law intake staff for the local procedures regarding hearing scheduling. Prepare to present your case at the hearing, as you will need to demonstrate the other party's noncompliance with the court order.
File Specs
| Fact Name | Details |
|---|---|
| Purpose of the Form | This form is used to request the court to enforce a prior court order or final judgment when a party is not complying. |
| Filing Requirements | The motion must be filed with the circuit court clerk in the county where the case was initiated. It must be signed before a notary public or deputy clerk. |
| E-Filing Mandate | According to Florida Rule of Judicial Administration 2.525, all documents must be filed electronically, except in certain circumstances. |
| Service of Documents | Documents must be served personally, or by mail or e-mail. However, personal service is recommended to ensure proper notice. |
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