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Florida Motion Form in PDF

The Florida Motion form is a legal document used to request the court's intervention in enforcing a prior court order or final judgment. This form is essential for individuals seeking to initiate a civil contempt or enforcement proceeding against a party who has failed to comply with a court directive. Proper completion and filing of this form can help ensure that the court addresses issues of noncompliance effectively.

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The Florida Motion form, specifically the Motion for Civil Contempt/Enforcement (Form 12.960), serves as a critical tool for individuals seeking to uphold court orders or final judgments. This form allows a party to request the court's intervention when another party fails to comply with a prior court order. To initiate this process, the moving party must clearly outline the specific actions or omissions of the non-compliant party. The form must be completed accurately, signed in the presence of a notary public or deputy clerk, and filed with the clerk of the circuit court in the relevant county. Additionally, it is essential to understand the recent requirements for electronic filing and service of documents, which streamline the process but also impose specific obligations on self-represented litigants. Following the submission of the motion, the court will schedule a hearing where the moving party must demonstrate non-compliance. If successful, the court may impose various sanctions to compel compliance, including monetary judgments or even incarceration. Understanding the procedural nuances and requirements of this form is vital for effectively navigating the legal system and ensuring that court orders are enforced.

Form Example

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW

FORM 12.960,

MOTION FOR CIVIL CONTEMPT/ENFORCEMENT (11/15)

When should this form be used?

You may use this form to ask the court to enforce a prior court order or final judgment.

What should I do next?

To initiate a civil contempt/enforcement proceeding against a party who is not complying with a prior court order, you must file a motion with the court explaining what the party has failed to do. This form should be typed or printed in black ink. After completing this form, you should sign it before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.

The rules and procedures should be carefully read andfollowed.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

Instructions for Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)

A copy of this form must be personally served by a sheriff or private process server or mailed,* e- mailed*, or hand delivered to any other party(ies) in your case. *Please note that if notice is mailed or e-mailed, the court in certain circumstances may not consider mailing or e-mailing, to be adequate notice. If you want to be sure, you should have the motion personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a).

The court will then set a hearing. You should check with the clerk of court, judicial assistant, or family law intake staff for information on the local procedure for scheduling a hearing. Once you know the time and date of the hearing, you will need to complete Notice of Hearing on Motion for Contempt/Enforcement, Florida Supreme Court Approved Family Law Form 12.961, or, if applicable, Notice of Hearing (Child Support Enforcement Hearing Officer), Florida Supreme Court Approved Family Law Form 12.921, or [Notice of Hearing Before] General Magistrate, Florida Family Law Rules of Procedure Form 12.920[(c)], which will specify a time and place for a hearing on the issue. A copy of this form must be mailed, e-mailed, or hand delivered to the other party. Again, if notice is mailed, the court in certain circumstances may not consider mailing or e-mailing to be adequate notice. If you want to be sure, you should have the notice personally served. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a).

At the hearing, as in any other civil proceeding, you, as the moving party, will have the burden of proving the other party has not obeyed a prior court order. Once noncompliance is established, the other party will have an opportunity to show an inability to comply with the prior court order. If he or she is unable

to do so, the judge may find the other party to be in contempt. If so, the judge may order appropriate sanctions to compel compliance by the other party, including jail, payment of attorneys’ fees, suit

money, or costs, and coercive or compensatory fines, and may order any other relief permitted by law.

Where can I look for more information?

Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. See also section 61.14, Florida Statutes and rule 12.615, Florida Family Law Rules of Procedure.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions for Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR __________________________ COUNTY, FLORIDA

Case No: _________________________

Division: _________________________

____________________________________,

Petitioner, and

____________________________________,

Respondent.

MOTION FOR CIVIL CONTEMPT/ENFORCEMENT

_____ Petitioner _____ Respondent requests that the Court enter an order of civil

contempt/enforcement against _____ Petitioner _____ Respondent in this case because:

1.A final judgment or order {title of final judgment or order} _______________________

in this case was entered on {date} _______________, by {court, city, and state} ______________

______________________________________________________________________________

_____ Please indicate here if the judgment or order is not from this Court and attach a copy.

2.This order of the Court required the other party in this case to do or not do thefollowing: {Explain what the other party was ordered to do or not do.} ______________________________

______________________________________________________________________________

_____ Please indicate here if additional pages are attached.

3.The other party in this case has willfully failed to comply with this order of the Court: {Explain what the other party has or has not done.} ___________________________________________

______________________________________________________________________________

_____ Please indicate here if additional pages are attached.

4.I respectfully request that the Court issue an order holding the above-named person in civil contempt, if appropriate, and/or providing the following relief:

a. _____ enforcing or compelling compliance with the prior order or judgment;

Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)

b._____ awarding a monetary judgment;

c._____ if a monetary judgment was included in the prior order, issuing a writ of execution or garnishment or other appropriate process;

d._____ awarding prejudgment interest;

e._____ requiring the other party to pay costs and fees in connection with this motion;

f._____ if the other party is found to be in civil contempt, ordering a compensatory fine;

g._____ if the other party is found to be in civil contempt, ordering a coercive fine;

h._____ if the other party is found to be in civil contempt, ordering incarceration of the other party with a purge;

i._____ issuing a writ of possession for real property, writ for possession of personal property, or other appropriate writ;

j._____ issuing a writ of bodily attachment if the other party fails to appear at the hearing set on this motion;

k._____ requiring the other party to make payments through the central governmental depository;

l._____ requiring the support payments to be automatically deducted from the other party’s income or funds;

m._____ requiring the other party to seek employment;

n._____ awarding make-up time-sharing with minor child(ren) as follows {explain}: _________

______________________________________________________________________________

__________________________________________________________________________; and

o._____ awarding other relief {explain}: _____________________________________________

______________________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)

I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand- delivered to the person(s) listed below on {date} _______________.

Other party or his/her attorney:

Printed Name: _________________________________

Address: ______________________________________

City, State, Zip: _________________________________

Telephone Number: _____________________________

Fax Number: ___________________________________

Designated E-mail Address(es): ____________________

_____________________________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: ______________________	____________________________________________
	Signature of Party or his/her attorney
	Printed Name: _________________________________
	Address: ______________________________________
	City, State, Zip: _________________________________
	Telephone Number: _____________________________
	Fax Number: ___________________________________
	Designated E-mail Address(es): ____________________
	_____________________________________________
STATE OF FLORIDA
COUNTY OF ____________________

Sworn to or affirmed and signed before me on ____________ by _______________________________.

_____________________________________________

NOTARY PUBLIC or DEPUTY CLERK

	_____________________________________________
	[Print, type, or stamp commissioned name of notary or
	deputy clerk.]
____	Personally known
____	Produced identification
	Type of identification produced ________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of:

{name of individual} ____________________________________________________________________,

{name of business} _____________________________________________________________________,

{address} _____________________________________________________________________________,

{city} _________________,{state} _____, {zip code} _________ {telephone number} _________________.

Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement (11/15)

⇩ Florida Motion File

Document Breakdown

Fact Name	Description
Purpose of the Form	This form is used to ask 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 clerk of the circuit court in the county where the case was originally filed.
Signature Requirement	After completing the form, it must be signed in front of a notary public or deputy clerk.
Electronic Filing	All documents must be filed electronically unless specific circumstances allow for alternative methods, as per Florida Rule of Judicial Administration 2.525.
Electronic Service	After initial service, all documents must be served by email, following Florida Rule of Judicial Administration 2.516.
Personal Service	A copy of the motion must be personally served or mailed to the other party. Personal service is preferred to ensure adequate notice.
Burden of Proof	At the hearing, the moving party must prove that the other party has not complied with the prior court order.
Possible Sanctions	If the court finds the other party in contempt, it may impose sanctions, including fines or incarceration, to compel compliance.
Legal Assistance	It is advisable to consult a lawyer if there are questions about the motion or the legal process involved.
Governing Laws	This form is governed by section 61.14 of the Florida Statutes and rule 12.615 of the Florida Family Law Rules of Procedure.

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