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Florida Family Law Rules of Procedure

Details: Rule 12.010. Scope, Purpose, and Title. (a) Scope. (1) These rules apply to all actions concerning family matters, including injunctions for protection against domestic, repeat, dating, and sexual violence, and stalking, except as otherwise provided by the Florida Rules of …

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Florida Rules of Civil Procedure Florida Rules of Civil

Details: Rule 1.010Scope and Title of Rules Rule 1.040One Form of Action Rule 1.061Choice of Forum Rule 1.080Service and Filing of Rule 1.110General Rules of Pleading Rule 1.130Attaching Copy of Cause Rule 1.160Motions Rule 1.190Amended and Supplement Rule 1.210Parties Rule 1.222Mobile Homeowners Rule 1.250Misjoinder and Nonjoinder Rule 1.280General Provisions Rule …

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Rule 12.741. Mediation Rules Florida Rules of Civil

Details: Rule 12.741. Mediation Rules. (a) Discovery. Unless stipulated by the parties or ordered by the court, the mediation process shall not suspend discovery. (b) General Procedures. (1) Interim or Emergency Relief. A party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such a motion is pending

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Rule 12.285. Mandatory Disclosure

Details: Rule 12.285. Mandatory Disclosure. (a) Application. (1) Scope. This rule applies to all proceedings within the scope of these rules except proceedings involving adoption, simplified dissolution, enforcement, contempt, injunctions for protection against domestic, repeat, dating, or sexual violence, or stalking, and uncontested dissolutions when

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Rule 12.140. Defenses

Details: A party served with a pleading stating a crosspetition against that party must serve a response to it within 20 days after service on that party. (2) The service of a motion under this rule, except a motion for judgment on the pleadings or a motion to strike under subdivision (f), alters these periods of time so that if the court denies the

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Rule 12.490. General Magistrates

Details: Rule 12.490. General Magistrates. (a) General Magistrates. Judges of the circuit court may appoint as many general magistrates from among the members of The Florida Bar in the circuit as the judges find necessary, and the general magistrates shall continue in office until removed by the court. The order making an appointment shall be recorded.

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Rule 5.230. Commission to Prove Will

Details: The commission must be directed to a person who is authorized to administer an oath by the laws of Florida, the United States of America, or the state or country where the witness may be found, and it shall empower the commissioner to take the oath of the witness to prove the will and shall direct the commissioner to certify the oath and file

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Rule 5.400. Distribution and Discharge

Details: SAVE TO PDFPRINT (a) Petition for Discharge; Final Accounting. A personal representative who has completed administration except for distribution shall file a final accounting and a petition for discharge including a plan of distribution. (b) Contents. The petition for discharge shall contain a statement: (1) That the personal representative has fully administered the estate; (2) […]

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Form 1-977 Fact Information Sheet

Details: 1. Boat 2. Camper 3. Stocks/bonds 4. Other real property 5. Other personal property Please attach copies of the following: 1. Copies of state and federal income tax returns for the past 3 years.

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Rule 5.648. Emergency Temporary Guardian

Details: SAVE TO PDFPRINT (a) Petition for Appointment of Emergency Temporary Guardian. Prior to appointment of a guardian but after a petition for determination of incapacity has been filed, the alleged incapacitated person or any adult interested in the welfare of that person may petition for the appointment of an emergency temporary guardian of the person […]

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Rule 12.340. Interrogatories to Parties

Details: Rule 12.340. Interrogatories to Parties. (a) Procedure for Use. Without leave of court, any party may serve on any other party written interrogatories to be answered by the party to whom the interrogatories are directed, or if that party is a public or private corporation or partnership or association or governmental agency, by any officer or

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Rule 12.491. Child Support Enforcement

Details: Rule 12.491. Child Support Enforcement. (a) Limited Application. This rule shall be effective only when specifically invoked by administrative order of the chief justice for use in a particular county or circuit. (b) Scope. This rule shall apply to proceedings for. (1) the establishment, enforcement, or modification of child support, or.

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Rule 5.095. General and Special Magistrates

Details: Special magistrates shall be governed by all laws and rules relating to general magistrates, except special magistrates shall not be required to make oath unless specifically required by the court. For good cause shown, the court may appoint a person other than a member of The Florida Bar as a special magistrate. (c) Reference.

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Rule 12.100. Pleadings and Motions

Details: Rule 12.100. Pleadings and Motions. (a) Pleadings. There must be a petition or, when so designated by a statute or rule, a complaint, and a response or answer to it; a response or answer to a counterclaim denominated as such; an answer to a crossclaim if the answer contains a crossclaim; a third-party petition if a person who was not an

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Rule 12.040. Attorneys

Details: Rule 12.040. Attorneys. (a) Limited Appearance. An attorney of record for a party, in a family law matter governed by these rules, shall be the attorney of record throughout the same family law matter, unless at the time of appearance the attorney files a notice, signed by the party, specifically limiting the attorney’s appearance only to the

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Rule 5.200. Petition for Administration

Details: The petition for administration shall be verified by the petitioner and shall contain: (a) A statement of the interest of the petitioner, the petitioner’s name and address, and the name and office address of the petitioner’s attorney; (b) The name and last known address of the decedent, last 4 digits of the decedent’s social security number, date and place of death of the decedent, and

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Rule 12.410. Subpoena

Details: When any person authorized by the laws of Florida to administer oaths is appointed by a court of record of any other state, jurisdiction, or government as commissioner to take the testimony of any named witness within this state, that witness may be compelled to attend and testify before that commissioner by witness subpoena issued by the clerk

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Florida Probate Rules

Details: (5) “guardian advocate” means a person appointed for a person with a developmental disability pursuant to section 393.12, Florida Statutes; (6) “guardian” means a person appointed pursuant to chapter 744, Florida Statutes, or a

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Rule 12.450. Evidence

Details: Rule 12.450. Evidence. (a) Record of Excluded Evidence. If, during trial, an objection to a question propounded to a witness is sustained by the trier of fact, the examining attorney may make a specific offer of what the attorney expects to prove by the answer of the witness. The court may add such other and further statement as clearly shows

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Rule 12.360. Examination of Persons

Details: Rule 12.360. Examination of Persons. (a) Request; Scope. (1) A party may request any other party to submit to, or to produce a person in that other party’s custody or legal control for, examination by a qualified expert when the condition that is the subject of the requested examination is in controversy. Examinations may include, but are not

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Form 1.977 Fact Information Sheet

Details: Monthly Payment: $. (Attach a copy of the deed or mortgage, or list the legal description of the property on the back of this sheet or an additional sheet if necessary. Also provide the same information on any other property you own or are buying.) For All Motor Vehicles …

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Rule 1.410 Subpoena Florida Rules of Civil Procedure

Details: Rule 1.410 Subpoena. SAVE TO PDF PRINT. (a) Subpoena Generally. Subpoenas for testimony before the court, subpoenas for production of tangible evidence, and subpoenas for taking depositions may be issued by the clerk of court or by any attorney of record in …

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Rule 1.451 Taking Testimony Florida Rules of Civil …

Details: Rule 1.451 Taking Testimony. (a) Testimony at Hearing or Trial. When testifying at a hearing or trial, a witness must be physically present unless otherwise provided by law or rule of procedure. (b) Communication Equipment. The court may permit a witness to testify at a hearing or trial by contemporaneous audio or video communication equipment

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Rule 12.190. Amended Pleadings

Details: Rule 12.190. Amended Pleadings. (a) Amendments. A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served.

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Rule 5-200 Petition for Administration …

Details: laws of Florida; (f) A statement whether domiciliary or principal proceedings are pending in another state or country, if known, and the name and address of the foreign personal representative and the

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Rule 3.850. Motion to Vacate, Set Aside, or Correct

Details: Rule 3.850. Motion to Vacate, Set Aside, or Correct Sentence. (a) Grounds for Motion. The following grounds may be claims for relief from judgment or release from custody by a person who has been tried and found guilty or has entered a plea of guilty or nolo contendere before a court established by the laws of Florida: (1) The judgment was

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Rule 5.340. Inventory

Details: Rule 5.340. Inventory. (a) Contents and Filing. Unless an inventory has been previously filed, the personal representative shall file an inventory of the estate within 60 days after issuance of letters. The inventory shall contain notice of the beneficiaries’ rights under subdivision (e), list the estate with reasonable detail, and include

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Rule 5.550. Petition to Determine Incapacity

Details: Rule 5.550. Petition to Determine Incapacity. (a) Contents. The petition to determine incapacity shall be verified by the petitioner and shall state: (8) Whether there are possible alternatives to guardianship known to the petitioner, including, but not limited to, trust agreements, powers of attorney, surrogates, or advance directives.

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Rule 12.615. Civil Contempt In Support Matters

Details: (a) Applicability. This rule governs civil contempt proceedings in support matters related to family law cases. The use of civil contempt sanctions under this rule shall be limited to those used to compel compliance with a court order or to compensate a movant for losses sustained as a result of a contemnor’s willful failure to comply with a court order.

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Rule 12.150. Sham Pleadings

Details: Rule 12.150. Sham Pleadings. (a) Motion to Strike. If a party deems any pleading or part of it filed by another party to be a sham, that party may move to strike the pleading or part of it before the cause is set for trial and the court must hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading

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Rule 3.170. Pleas Florida Rules of Civil Procedure

Details: Rule 3.170. Pleas. (a) Types of Plea; Court’s Discretion. A defendant may plead not guilty, guilty, or, with the consent of the court, nolo contendere. Except as otherwise provided by these rules, all pleas to a charge shall be in open court and shall be entered by the defendant. If the sworn complaint charges the commission of a misdemeanor

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Rule 5.697. Magistrate's Review of Guardianship

Details: Special magistrates shall be governed by all laws and rules relating to general magistrates except special magistrates shall not be required to take an oath unless specifically required by the court. For good cause shown, the court may appoint a person other than a member of The Florida Bar as a special magistrate. (c) General Powers and Duties

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Rule 12.004. Judicial Access and Review of Related …

Details: Rule 12.004. Judicial Access and Review of Related Family Files. (a) In General. A judge hearing a family case may access and review the files of any related case either pending or closed, to aid in carrying out his or her adjudicative responsibilities. Authorized court staff and personnel may also access and review the file of any related case.

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Rule 5.230. Commission to Prove Will

Details: an oath by the laws of Florida, the United States of America, or the state or country where the witness may be found, and it shall empower the commissioner to take the oath of the witness to prove the will and shall direct the commissioner to certify the oath and file the executed

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Form 1.902 Summons

Details: (a) General Form. SUMMONS. THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the complaint or petition in this

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Rule 3.702. Sentencing Guidelines (1994) Florida Rules

Details: (a) Use. This rule is to be used in conjunction with the forms located at rule 3.990. This rule is intended to implement the 1994 revised sentencing guidelines in strict accordance with chapter 921, Florida Statutes, as revised by chapter 93-406, Laws of Florida.

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Rule 3.131. Pretrial Release

Details: Rule 3.131. Pretrial Release. (a) Right to Pretrial Release. Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable

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Rule 5.430. Resignation of Personal Representative

Details: If the petition nominates a successor fiduciary, it shall state the nominee’s priority under the Florida Probate Code, if any, and that the nominee is qualified to serve under the laws of Florida. (c) Service. The petition shall be served by formal notice on all interested …

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Form 1.907 Garnishment

Details: SAVE TO PDFPRINT(a) Writ of Garnishment. WRIT OF GARNISHMENT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to summon the garnishee

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Rule 5.3425. Search of Safe Deposit Box Florida Rules …

Details: Rule 5.3425. Search of Safe Deposit Box. (a) Petition for Order Authorizing Search. The petition for an order authorizing the search of a safe deposit box leased or co-leased by a decedent must be verified and must contain: (D) Insurance policies on the life of the decedent. (b) Order.

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Rule 12.003. Coordination of Related Family Cases and

Details: (a) Assignment to One Judge. (1) All related family cases must be handled before one judge unless impractical. (2) If it is impractical for one judge to handle all related family cases, the judges assigned to hear the related cases involving the same family and/or children may confer for the purpose of case management and coordination of the cases.

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Rule 12.390. Depositions of Expert Witnesses Florida

Details: Rule 12.390. Depositions of Expert Witnesses. (a) Definition. The term “expert witness” as used herein applies exclusively to a person duly and regularly engaged in the practice of a profession who holds a professional degree from a university or college and has had special professional training and experience, or one possessed of special

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Rule 1.451 Taking Testimony

Details: witness and administers the oath consistent with the laws of the jurisdiction. (e) Burden of Expense. The cost for the use of the communication equipment is the responsibility of the requesting party unless otherwise ordered by the court. Title: Rule 1.451 Taking Testimony Author: wpengine

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Rule 3.851. Collateral Relief After Death Sentence Has

Details: If testimony is taken through video communication equipment, there must be a notary public or other person authorized to administer oaths in the witness’s jurisdiction who is present with the witness and who administers the oath consistent with the laws of the jurisdiction where the witness is located.

› Verified 7 days ago

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Rule 1.410 Subpoena

Details: When any person authorized by the laws of Florida to administer oaths is appointed by a court of record of any other state, jurisdiction, or government as commissioner to take the testimony of any named witness within this state, that

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Form 1.922 Subpoena Duces Tecum Without …

Details: Form (a) is used when the person having the records may furnish copies to the attorney requesting the subpoena instead of appearing at the time and place specified in the subpoena and the subpoena is to be issued by the clerk. Form (b) is used when the records must be produced at the time and place specified in the subpoena and the subpoena is

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Rule 12.004. Judicial Access and Review of Related …

Details: in accordance with applicable state and federal confidentiality laws. (d) Notice by Court Staff. Authorized court staff may advise the court about the existence of related legal proceedings, the legal issues involved, and administrative information about such cases.

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