Free Motion Florida Form

The Motion Florida form is a blank motion used to request judicial action in the Thirteenth Judicial Circuit, Tampa, Florida. It can be utilized during an ongoing lawsuit or after a final judgment has been entered. This form is particularly useful when no specific court-approved form is available for your situation.

A motion is used to request a specific order during a pending lawsuit after a petition has been filed. For example, if you want to enforce a previous court order or ask for a ruling on a specific issue, you would file a motion. In contrast, a petition is necessary to initiate a lawsuit or modify an existing court order. Remember, filing a petition usually involves a fee, while filing a motion does not.

To complete the Motion Florida form, clearly outline your legal issue and the remedy you are seeking in the numbered paragraphs provided. Be specific about what you want the court to order. Additionally, ensure that you sign the motion in front of a notary public, who will then notarize it. Notarizing your motion is a good practice to avoid any future complications.

You must provide a copy of your motion to the other party simultaneously when you file it with the court. This can be done through mail, fax, or hand delivery. After choosing a method, fill out the “Certificate of Service” section to indicate how you served the motion. Failing to notify the other party may result in your motion being considered ex parte, which limits the judge's ability to rule on it without a hearing.

You can file your motion in person at the Clerk of Court's office located at 800 East Twiggs Street, room 101, or by mailing it to the Clerk of the Court, P.O. Box 3450, Tampa, Florida 33601. It’s advisable to call the Clerk of Court at 276-8100 x 4358 if you have any questions about the filing process.

Once you file your motion, you must schedule a hearing with the judge or general master. Attempt to coordinate a convenient time with the other party. If they are uncooperative or you cannot agree on a time, you may set the hearing for a date that works for you. Remember to provide the other party with a copy of your motion at least five business days before the hearing, unless they agree to an earlier date. Failure to do so may result in your motion being denied.

Not Understanding the Difference Between a Motion and a Petition: Many individuals confuse a motion with a petition. A petition is used to start a lawsuit or modify an existing order, while a motion requests a specific order during an ongoing case. This misunderstanding can lead to using the wrong form, which may delay the process.

Failing to Provide Adequate Details: When filling out the motion, it's crucial to clearly state your legal issue and the specific relief you are seeking. If you leave this section vague or incomplete, the court may not understand your request, leading to a denial of your motion.

Neglecting to Serve the Other Party: It is essential to notify the other party about your motion. Many people forget to provide a copy of their motion when filing, which can result in the court treating it as an ex parte motion. This could limit the court's ability to rule on your request.

Ignoring the Notice of Hearing Requirements: After filing a motion, you must schedule a hearing and notify the other party at least five business days in advance. Failing to do this may result in the court denying your motion, as the other party needs adequate time to prepare.