Florida Rule 1.900 incorporates standard forms approved by the Florida Supreme Court for use in Florida civil proceedings — pleadings, motions, notices, orders, and verdict forms.
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Fla. R. Civ. P. 1.900 — Forms
Last verified from official source: April 30, 2026 · Source: Florida Bar — Florida Rules of Civil Procedure (eff. April 1, 2026), p. 208
Rule Text (verbatim)
(a) Process. The following forms of process, notice of lis pendens, and notice of action are sufficient. Variations from the forms do not void process or notices that are otherwise sufficient.
(b) Other Forms. The other forms are sufficient for the matters that are covered by them. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case.
(c) Formal Matters. Captions, except for the designation of the document, are omitted from the forms. A general form of
April 1, 2026 Florida Rules of Civil Procedure 208 caption is the first form. Signatures are omitted from pleadings and motions.
April 1, 2026 Florida Rules of Civil Procedure 209 FORM 1.901. CAPTION
(a) General Form
(name of court)
A.B., ) Plaintiff, ) ) -vs- ) No. ………. C.D., ) Defendant ) )
(designation of pleading)
(b) Petition.
(name of court)
In re the Petition ) A.B for (type of ) No. ………. relief) )
PETITION FOR (type of relief)
(c) In rem proceedings.
(name of court)
In re (name of general ) description of property) ) No. ……….
(designation of pleading)
(d) Forfeiture proceedings.
(name of court)
In re (name or general ) description of property) ) No. ……….
Committee Notes
1980 Amendment. Subdivision (b) is added to show the form of caption for a petition.
April 1, 2026 Florida Rules of Civil Procedure 210 2010 Amendment. Subdivision (c) and (d) are added to show the form of caption for in rem proceedings, including in rem forfeiture proceedings.
FORM 1.902. SUMMONS
(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 action on defendant ………..
Each defendant is required to serve written defenses to the complaint or petition on ………., plaintiff’s attorney, whose address is ………., within 20 days1 after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff’s attorney or immediately after service. A defendant may either file the response electronically by using the Florida Courts E-filing Portal (MyFLCourtAccess.com), or by filing the written response with the clerk of court. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition.
DATED on ……….
(Name of Clerk) As Clerk of the Court By . As Deputy Clerk
(b) Form for Personal Service on Natural Person.
SUMMONS
THE STATE OF FLORIDA:
To Each Sheriff of the State:
1 Except when suit is brought under section 768.28, Florida Statutes, if the
State of Florida, one of its agencies, or one of its officials or employees sued in the official’s or employee’s official capacity is a defendant, the time to be inserted as to it is 40 days. When suit is brought under section 768.28, Florida Statutes, the time to be inserted is 30 days.
April 1, 2026 Florida Rules of Civil Procedure 211 YOU ARE COMMANDED to serve this summons and a copy of the complaint in this lawsuit on defendant ………..
DATED on ………..
CLERK OF THE CIRCUIT COURT
(SEAL)
(Name of Clerk) As Clerk of the Court By . As Deputy Clerk
IMPORTANT
1. A lawsuit has been filed against you.
2. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. If you choose to file a written response yourself, you may either file the response electronically by using the Florida Courts E-filing Portal (MyFLCourtAccess.com) or by filing the written response with the clerk of court.
3. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case.
4. If you do not file your response on time, you may lose the case, and your wages, money, and property may be taken without further warning from the court. There may be other legal requirements.
5. You may want to call an attorney right away. If you do not know an attorney, you can contact the Lawyer Referral Service listed on The Florida Bar’s website (floridabar.org). If you cannot afford a lawyer, you may be eligible for free legal aid. You can locate legal aid programs by searching for “legal aid” on The Florida Bar’s website.
6. If you file your written response directly with the clerk of court, you must also send a copy of your written response to the “Plaintiff/Plaintiff’s Attorney” named below.
7. You must include an e-mail address in your written response, unless the clerk excuses you from electronic service under Florida Rule of General Practice and Judicial Administration 2.516. A party not represented by
April 1, 2026 Florida Rules of Civil Procedure 212 an attorney may be excused from e-mail service by filing Florida Rule of General Practice and Judicial Administration form 2.601 with the clerk.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Plaintiff/Plaintiff’s Attorney Attorney’s Name: ………. Address: ………. Telephone Number: ………. E-mail Address: ………. Florida Bar No. ……….
(c) Forms for Service by Mail; Registered Mail.
(1) Notice of Lawsuit and Request for Waiver of Service of Process.
NOTICE OF COMMENCEMENT OF ACTION
TO: (Name of defendant or defendant’s representative)
A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. The complaint has been filed in the (Circuit or County) Court for the ………. and has been assigned case no. ……….
This is not a formal summons or notification from the court, but is rather my request that you sign the enclosed waiver of service of process form in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within 20 days (30 days if you do not reside in the United States) after the date you receive this notice and request for waiver. I have enclosed a stamped self-addressed envelope for your use. An extra copy of the notice and request, including the waiver, is also attached for your records.
If you comply with this request and return the signed waiver, it will be filed with the court and no summons will be served on you. The lawsuit will then proceed as if you had been served on the date the waiver is filed, except
April 1, 2026 Florida Rules of Civil Procedure 213 that you will not be obligated to respond to the complaint until 60 days after the date on which you received the notice and request for waiver.
If I do not receive the signed waiver within 20 days from the date you received the notice and the waiver of service of process form, formal service of process may be initiated in a manner authorized by the Florida Rules of Civil Procedure. You (or the party on whose behalf you are addressed) will be required to pay the full cost of such service unless good cause is shown for the failure to return the waiver of service.
I hereby certify that this notice of lawsuit and request for waiver of service of process has been sent to you on behalf of the plaintiff on …..(date)……
Plaintiff’s Attorney or Unrepresented Plaintiff
(2) Waiver of Service of Process.
WAIVER OF SERVICE OF PROCESS
TO: (Name of plaintiff’s attorney or unrepresented plaintiff)
I acknowledge receipt of your request that I waive service of process in the lawsuit of ……… v. ……… in the ……… Court in ……… I have also received a copy of the complaint, 2 copies of this waiver, and a means by which I can return the signed waiver to you without cost to me.
I agree to save the cost of service of process and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by Florida Rule of Civil Procedure 1.070.
If I am not the defendant to whom the notice of lawsuit and waiver of service of process was sent, I declare that my relationship to the entity or person to whom the notice was sent and my authority to accept service on behalf of such person or entity is as follows:
(describe relationship to person or entity and authority to accept service)
I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for any objections based on a defect in the summons or in the service of the summons.
April 1, 2026 Florida Rules of Civil Procedure 214 I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if a written response is not served on you within 60 days from the date I received the notice of lawsuit and request for waiver of service of process.
DATED on …………….
Defendant or Defendant’s Representative
Committee Notes
1988 Amendment. Two forms are now provided: 1 for personal service on natural persons and 1 for other service by summons. The new form for personal service on natural persons is included to ensure awareness by defendants or respondents of their obligations to respond.
The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
The former, general summons form is to be used for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state.
The form for personal service on natural persons contains Spanish and French versions of the English text to ensure effective notice on all Floridians. In the event of space problems in the summons form, the committee recommends that the non-English portions be placed on the reverse side of the summons.
1992 Amendment. (b): The title is amended to eliminate confusion by the sheriffs in effecting service.
1996 Amendment. Form 1.902(c) was added for use with rule 1.070(i).
April 1, 2026 Florida Rules of Civil Procedure 215 2007 Amendment. Subdivision (a) is amended to conform form 1.902 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The form is similar to Federal Rule of Civil Procedure Form 1.
FORM 1.903. CROSSCLAIM SUMMONS
CROSSCLAIM SUMMONS
THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and a copy of the crossclaim in this action on defendant ……….
Each crossclaim defendant is required to serve written defenses to the crossclaim on ………., defendant’s attorney, whose address is ………., and on ………., plaintiff’s attorney, whose address is………., within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a crossclaim defendant fails to do so, a default will be entered against that defendant for the relief demanded in the crossclaim.
DATED on: ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
FORM 1.904. THIRD-PARTY SUMMONS
THIRD-PARTY SUMMONS
THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and a copy of the third- party complaint or petition in this action on third-party defendant, ……….
Each third-party defendant is required to serve written defenses to the third-party complaint or petition on ……….., plaintiff’s attorney, whose address is ………., and on ………., defendant’s attorney, whose address is ………., within 20 days after service of this summons on that defendant, exclusive of the date of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a third-
April 1, 2026 Florida Rules of Civil Procedure 216 party defendant fails to do so, a default will be entered against that defendant for the relief demanded in the third-party complaint or petition.
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
FORM 1.905. ATTACHMENT
WRIT OF ATTACHMENT
THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to attach and take into custody so much of the lands, tenements, goods, and chattels of defendant, ………., as is sufficient to satisfy the sum of $……….and costs.
ORDERED at ………., Florida, on …..(date)……
Judge
Committee Notes
1980 Amendment. The direction is modernized and the combination with the summons deleted. A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979).
FORM 1.906. ATTACHMENT — FORECLOSURE
WRIT OF ATTACHMENT
THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to take and hold the following described property:
(describe property)
or so much of it as can be found sufficient to satisfy the debt to be foreclosed.
April 1, 2026 Florida Rules of Civil Procedure 217 ORDERED at ……………….., Florida, on …..(date)……
Judge
Committee Notes
1980 Amendment. The direction is modernized and the combination with the summons deleted. A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979).
FORM 1.907. GARNISHMENT
(a) Writ of Garnishment.
WRIT OF GARNISHMENT
THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to summon the garnishee, ………. to serve an answer to this writ on ………., plaintiff’s attorney, whose address is , ………. within 20 days after service on the garnishee, exclusive of the day of service, and to file the original with the clerk of this court either before service on the attorney or immediately thereafter, stating whether the garnishee is indebted to defendant, ………., at the time of the answer or was indebted at the time of service of the writ, or at any time between such times, and in what sum and what tangible and intangible personal property of the defendant the garnishee is in possession or control of at the time of the answer or had at the time of service of this writ, or at any time between such times, and whether the garnishee knows of any other person indebted to the defendant or who may be in possession or control of any of the property of the defendant. The amount set in plaintiff’s motion is $……….
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
(b) Continuing Writ of Garnishment against Salary or Wages.
CONTINUING WRIT OF GARNISHMENT AGAINST SALARY OR WAGES
April 1, 2026 Florida Rules of Civil Procedure 218 THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to summon the garnishee, ………., whose address is ………., who is required to serve an answer to this writ on ………., plaintiff’s attorney, whose address is ……….,, within 20 days after service of this writ, exclusive of the day of service, and to file the original with the clerk of court either before service on the attorney or immediately thereafter. The answer shall state whether the garnishee is the employer of the defendant,………. and whether the garnishee is indebted to the defendant by reason of salary or wages. The garnishee’s answer shall specify the periods of payment (for example, weekly, biweekly, or monthly) and amount of salary or wages and be based on the defendant’s earnings for the pay period during which this writ is served on the garnishee.
During each pay period, a portion of the defendant’s salary or wages as it becomes due shall be held and not disposed of or transferred until further order of this court. The amount of salary or wages to be withheld for each pay period shall be made in accordance with the following paragraph. This writ shall continue until the plaintiff’s judgment is paid in full or until otherwise provided by court order.
Federal law (15 U.S.C. §§1671–1673) limits the amount to be withheld from salary or wages to no more than 25% of any individual defendant’s disposable earnings (the part of earnings remaining after the deduction of any amounts required by law to be deducted) for any pay period or to no more than the amount by which the individual’s disposable earnings for the pay period exceed 30 times the federal minimum hourly wage, whichever is less.
For administrative costs, the garnishee may collect $………. against the salary or wages of the defendant for the first deduction and $………. for each deduction thereafter.
The total amount of the final judgment outstanding as set out in the plaintiff’s motion is $………..
FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL AMOUNT OF $……….
ORDERED at ……….,, Florida, on …..(date)……
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
April 1, 2026 Florida Rules of Civil Procedure 219 Committee Notes
1992 Amendment. This form is to be used to effectuate section 77.0305, Florida Statutes.
1996 Amendment. The following was adopted as a committee note, with no changes to the text of the forms: Both forms 1.907(a) and (b) are for use after judgment has been entered against a defendant. If a plaintiff seeks a writ of garnishment before judgment is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 and 77.07, Florida Statutes, must be included in the writ and served on the defendant.
FORM 1.908. WRIT OF REPLEVIN
WRIT OF REPLEVIN
THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant, ………., described as follows:
(describe property)
and to dispose of it according to law.
Dated on……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
Committee Notes
1980 Amendment. The form is amended in accordance with the statutory changes as a result of Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972). The sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13, Florida Statutes (1979). The former apparently contemplates that the sheriff will hold the property for 5 days within which the bond can be posted, while the latter retains the old 3-day time period.
1996 Amendment. This amendment only changes the name of the form.
FORM 1.909. DISTRESS
DISTRESS WRIT
April 1, 2026 Florida Rules of Civil Procedure 220 THE STATE OF FLORIDA: To the Sheriff of ………. County, Florida:
YOU ARE COMMANDED to serve this writ and a copy of the complaint on defendant ……….
This distress writ subjects all property liable to distress for rent on the following property in ………. County, Florida:
(describe property)
Each defendant is enjoined from damaging, disposing of, secreting, or removing any property liable to be distrained from the rented real property after the time of service of this writ until the sheriff levies on the property or this writ is vacated or the court otherwise orders. If a defendant does not move for dissolution of the writ, the court may order the sheriff to levy on the property liable to distress forthwith after 20 days from the time the complaint in this action is served. The amount claimed in the complaint is the sum of $………. with interest and costs.
DATED on ……….
Judge
Committee Notes
1980 Amendment. This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome the unconstitutionality of distress proceedings. See Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla. 1977). Because the revision is substantial, no struck-through or underscored type is indicated.
FORM 1.910. SUBPOENA FOR TRIAL
(a) For Issuance by Clerk.
SUBPOENA
THE STATE OF FLORIDA: TO ……….:
YOU ARE COMMANDED to appear before the Honorable ………., Judge of the Court, at the ………. County Courthouse in ………., Florida, on ………., at ………. (a.m./p.m.), to testify in this action. If you fail to appear, you may be in contempt of court.
April 1, 2026 Florida Rules of Civil Procedure 221 You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on ……………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
(b) For Issuance by Attorney of Record.
SUBPOENA
THE STATE OF FLORIDA: TO ……….
YOU ARE COMMANDED to appear before the Honorable . ………. Judge of the Court, at the ……….County Courthouse in………., Florida, on …..(date)….., at ……(a.m./p.m.), to testify in this action. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
April 1, 2026 Florida Rules of Civil Procedure 222 DATED on …………….
(Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended to comply with amendments to Fla. R. Jud. Admin. 2.540.
FORM 1.911. SUBPOENA DUCES TECUM FOR TRIAL
(a) For Issuance by Clerk.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA: TO ……….
YOU ARE COMMANDED to appear before the Honorable ………. Judge of the Court, at the ………. County Courthouse in ………., Florida, on …..(date)….., at ……(a.m./p.m.), to testify in this action and to have with you at
April 1, 2026 Florida Rules of Civil Procedure 223 that time and place the following: ………. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on …………….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
(b) For Issuance by Attorney of Record.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA: TO ……….
YOU ARE COMMANDED to appear before the Honorable ………., Judge of the Court, at the ………. County Courthouse in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), to testify in this action and to have with
April 1, 2026 Florida Rules of Civil Procedure 224 you at that time and place the following: ……….. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on ……….
(Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended to comply with amendments to Fla. R. Jud. Admin. 2.540.
FORM 1.912. SUBPOENA FOR DEPOSITION
(a) For Issuance by Clerk.
SUBPOENA FOR DEPOSITION
April 1, 2026 Florida Rules of Civil Procedure 225 THE STATE OF FLORIDA: TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
(b) For Issuance by Attorney of Record.
SUBPOENA FOR DEPOSITION
April 1, 2026 Florida Rules of Civil Procedure 226 THE STATE OF FLORIDA: TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on ……….
(Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to rule 1.410.
April 1, 2026 Florida Rules of Civil Procedure 227 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.
FORM 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION
(a) For Issuance by Clerk.
SUBPOENA DUCES TECUM FOR DEPOSITION
THE STATE OF FLORIDA: TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action and to have with you at that time and place the following: ……….. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify
April 1, 2026 Florida Rules of Civil Procedure 228 attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
(b) For Issuance by Attorney of Record.
THE STATE OF FLORIDA: TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action and to have with you at that time and place the following: ……….. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on ……….
(Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled
April 1, 2026 Florida Rules of Civil Procedure 229 appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.
FORM 1.914(a). EXECUTION
EXECUTION
THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to levy on the property subject to execution of ………. in the sum of $………. with interest at ……….% a year from …..(date)….., until paid and to have this writ before the court when satisfied.
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
Committee Notes
1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979).
FORM 1.914(b). NOTICE TO APPEAR
NOTICE TO APPEAR
TO …..(name of third party)…..
YOU ARE NOTIFIED that, pursuant to section 56.29, Florida Statutes, proceedings supplementary to satisfy a judgment by application of the following:…..(identify the property, debt, or other obligation due to the judgment debtor)….. in ……….County, Florida have been initiated against you by …..(name of judgment creditor)…… You are required to serve an affidavit …..date….. stating that the [property] [debt] [other obligation] belongs to you.
April 1, 2026 Florida Rules of Civil Procedure 230 The affidavit must include any fact or legal defense opposing the application of the [property] [debt] [other obligation] toward the satisfaction of the judgment on …..(name of the judgment creditor, or its attorney, and his/her/its address)……You must file the original affidavit with the clerk of this court either before service on the judgment creditor or immediately thereafter. Legal defenses need not be filed under oath but must be served contemporaneously with the affidavit.
If any of your property has been levied on and you choose to oppose the application of the property to be applied toward the satisfaction of the judgment, then you must furnish a bond with surety to be approved by the officer in favor of the judgment creditor. The amount of the bond must be double the value of the goods claimed as the value is fixed by the officer and conditioned to deliver said property on demand of said officer if it is adjudged to be the property of the judgment debtor and to pay the judgment creditor all damages found against you if it appears that the claim was interposed for the purpose of delay.
YOU HAVE A RIGHT TO A TRIAL BY JURY TO DETERMINE THE RIGHT TO THE [PROPERTY, DEBT OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTOR]. YOU ARE ENTITLED TO DISCOVERY UNDER THE FLORIDA RULES OF CIVIL PROCEDURE. IF THE COURT OR JURY DETERMINES THAT THE [PROPERTY] [DEBT] [OTHER OBLIGATION] BELONGS TO THE JUDGMENT DEBTOR AND IS SUBJECT TO APPLICATION TOWARD THE SATISFACTION OF ITS JUDGMENT, THEN YOU MAY BE ORDERED TO …..(PAY DAMAGES TO THE JUDGMENT CREDITOR OR SURRENDER THE PROPERTY OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTOR TO THE JUDGMENT CREDITOR)……
ORDERED at ………., Florida, on….. (date) …..
______________________ Judge
FORM 1.914(c). AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR
AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR
BEFORE ME, the undersigned authority, appeared…..(name of claimant or claimant’s agent)….., who, after being first duly sworn, deposes and states, under penalty of perjury:
1. I am the ……..(claimant, or identify relationship to claimant)……
2. I (or claimant) was served with a Notice to Appear on…..(date)……
April 1, 2026 Florida Rules of Civil Procedure 231 3. I (or claimant) own(s) and am/is entitled to possession of…..(describe the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear)..…
4. This property should not be applied to satisfy the judgment because…..(state all reasons why the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear should not be applied to satisfy the judgment)……
5. (Select a or b)
a. I (or claimant) request(s) a trial by jury on all issues so triable.
b. I (or claimant) request(s) a non-jury trial on all issues.
FURTHER AFFIANT SAYETH NAUGHT.
Dated: Signature of Affiant Printed Name:______________________
STATE OF ________________________________ COUNTY OF ______________________________
Sworn to or affirmed and signed before me on this ___ day of ____________________, 20___ by (name of affiant)_________________________, who is personally known to me or who has produced _____________________, as identification and who did take an oath.
NOTARY PUBLIC, STATE OF …..(Print, Type or Stamp Commissioned Name of Notary Public) …..
Committee Notes 1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979).
2018 Adoption. Form 1.914(c) is used by a claimant to respond to a Notice to Appear under section 56.29(2), Florida Statutes. Legal defenses need not be filed under oath, but must be served contemporaneously with the
April 1, 2026 Florida Rules of Civil Procedure 232 affidavit. If the claimant’s property has already been levied upon, he or she may obtain possession of the property by filing with the officer having the execution a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in section 56.16, Florida Statutes.
FORM 1.915. WRIT OF POSSESSION
WRIT OF POSSESSION
THE STATE OF FLORIDA: To the Sheriff of ………. County, Florida:
YOU ARE COMMANDED to remove all persons from the following described property in ………. County, Florida:
(describe property)
and to put ……….. in possession of it.
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
Committee Notes
1973 Amendment. The form is changed to make the direction conform to the statutory requirement in section 48.011, Florida Statutes.
1980 Amendment. The direction on this form is changed to the sheriff of the county where the property is located, and the conclusion is modernized.
FORM 1.916. REPLEVIN ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to serve this order on defendant, ………., by personal service as provided by law, if possible, or, if you are unable to personally serve defendant within the time specified, by placing a copy of this order with a copy of the summons on the claimed property located at ………., Florida, at least 5 days before the hearing scheduled below, excluding the day of service and intermediate Saturdays, Sundays, and legal holidays.
April 1, 2026 Florida Rules of Civil Procedure 233 Nonpersonal service as provided in this order shall be effective to afford notice to defendant of this order, but for no other purpose.
Defendant shall show cause before the Honorable ………., on …..(date)….., at ……m. in the ……….. County Courthouse in ………., Florida, why the property claimed by plaintiff in the complaint filed in this action should not be taken from the possession of defendant and delivered to plaintiff.
Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described in the complaint pending final adjudication of the claims of the parties, file with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property to stay an order authorizing the delivery of the property to plaintiff.
If defendant fails to appear as ordered, defendant shall be deemed to have waived the right to a hearing. The court may thereupon order the clerk to issue a writ of replevin.
ORDERED at ……….., Florida, on …..(date)……
Judge
Committee Notes
1980 Adoption. Former form 1.916 is repealed because of the consolidation of writs of assistance with writs of possession. The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979).
1996 Amendment. This form is amended to provide for service at least 5 days before the show cause hearing, rather than by a specified date.
FORM 1.917. NE EXEAT
WRIT OF NE EXEAT
THE STATE OF FLORIDA: To Each Sheriff of the State:
YOU ARE COMMANDED to detain the defendant, ………. and to require the defendant to give bond in the sum of $………. payable to the Governor of Florida and the Governor’s successors in office conditioned that the defendant will answer plaintiff’s pleading in this action and will not depart from the state without leave of court and will comply with the lawful orders of this court, with
April 1, 2026 Florida Rules of Civil Procedure 234 sureties to be approved by the clerk of this court. If the defendant does not give the bond, the defendant shall be taken into custody and be confined in the ………. County jail until the defendant gives the bond or until further order of this court. If the defendant does not give the bond, the defendant shall be brought before a judge of this court within 24 hours of confinement.
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
Committee Notes
1976 Amendment. See 1976 Op. Att’y Gen. Fla. 076-13 (Jan. 23, 1976).
FORM 1.918. LIS PENDENS
NOTICE OF LIS PENDENS
TO DEFENDANT(S) ………., AND ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED OF THE FOLLOWING:
(a) The plaintiff has instituted this action against you seeking (“to foreclose a mortgage” or “to partition” or “to quiet title” or other type of action) with respect to the property described below.
(b) The plaintiff(s) in this action is/are:
(1) ……….
(2) ……….
(c) The date of the institution of this action is ………. OR: the date on the clerk’s electronic receipt for the action’s filing is ………. OR: the case number of the action is as shown in the caption.
(d) The property that is the subject matter of this action is in ………. County, Florida, and is described as follows:
(legal description of property)
DATED ON ……………..
…..(Name of Attorney)….. Attorney for …..(Name of Client)…..
April 1, 2026 Florida Rules of Civil Procedure 235 …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
NOTE: This form is not to be recorded without the clerk’s case number.
Committee Notes
2009 Amendment. This form was substantially rewritten due to the amendments to section 48.23, Florida Statutes (2009). Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, the date of the clerk’s electronic receipt, or the case number. If the case number is used to satisfy the requirements of section 48.23, it should be inserted in the case caption of the notice.
FORM 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO PROPERTY
NOTICE OF ACTION
TO ……….
YOU ARE NOTIFIED that an action for (“construction of a will” or “re- establishment of a lost deed” or other type of action) has been filed against you and you are required to serve a copy of your written defenses, if any, to it on ………., the plaintiff’s attorney, whose address is ………., on or before …..(date)….., and file the original with the clerk of this court either before service on the plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition.
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979).
April 1, 2026 Florida Rules of Civil Procedure 236 FORM 1.920. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — PROPERTY
NOTICE OF ACTION
TO ……….
YOU ARE NOTIFIED that an action to (“enforce a lien on” or “foreclose a mortgage on” or “quiet title to” or “partition” or other type of action) the following property in………. County, Florida:
(describe property)
has been filed against you and you are required to serve a copy of your written defenses, if any, to it on ………., the plaintiff’s attorney, whose address is ………., on or before …..(date)….., and file the original with the clerk of this court either before service on the plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition.
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979).
FORM 1.921. NOTICE OF PRODUCTION FROM NONPARTY
NOTICE OF PRODUCTION
To ……….:
YOU ARE NOTIFIED that after 10 days from the date of service of this notice, if service is by delivery, or 15 days from the date of service, if service is by mail, and if no objection is received from any party, the undersigned will issue or apply to the clerk of this court for issuance of the attached subpoena directed to ………., who is not a party and whose address is ………., to produce the items listed at the time and place specified in the subpoena.
DATED on ……….
…..(Name of Attorney)….. Attorney for …..(Name of Client)…..
April 1, 2026 Florida Rules of Civil Procedure 237 …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
NOTE: This form of notice is for use with rule 1.351. A copy of the subpoena must be attached to this form for it to comply with the rule.
Committee Notes
1980 Adoption. This form is new.
1996 Amendment. This form was amended to comply with amendments to rules 1.351 and 1.410.
April 1, 2026 Florida Rules of Civil Procedure 238 FORM 1.922. SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(a) When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Clerk.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA: TO ……….
YOU ARE COMMANDED to appear at ………. in ………. Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ……….
These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)…..
April 1, 2026 Florida Rules of Civil Procedure 239 …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
(b) When Witness Must Appear and Produce the Records; Issuance by Clerk.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA: TO ……….:
YOU ARE COMMANDED to appear at ………. in ………., Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ………..
These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear or furnish the records at the time and place specified instead of appearing; or
(2) object to this subpoena,
you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena, and unless excused from this subpoena by the attorney or the court, you must respond to this subpoena as directed.
DATED on ……….. (Name of Clerk) As Clerk of the Court By As Deputy Clerk
April 1, 2026 Florida Rules of Civil Procedure 240 …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
(c) When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Attorney of Record.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ……….:
YOU ARE COMMANDED to appear at ………. in ………., Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ………..
These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear as specified; or
(2) furnish the records instead of appearing as provided above; or
April 1, 2026 Florida Rules of Civil Procedure 241 (3) object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………..
(Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
(d) When Witness Must Appear and Produce the Records; Issuance by Attorney of Record.
THE STATE OF FLORIDA:
TO ……….:
YOU ARE COMMANDED to appear at ………. in ………., Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ………..
These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1) appear or furnish the records at the time and place specified instead of appearing; or
(2) object to this subpoena,
April 1, 2026 Florida Rules of Civil Procedure 242 you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena, and unless excused from this subpoena by the attorney or the court, you must respond to this subpoena as directed.
DATED on ………..
(Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
NOTE: These forms are to be used for production of documents under rule 1.351. 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 to be issued by the clerk. Form (c) 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 an attorney of record. Form (d) is used when the records must be produced at the time and place specified in the subpoena and the subpoena is to be issued by an attorney of record.
Committee Notes
1980 Adoption. This form is new.
1996 Amendment. Forms (a) and (b) were amended and forms (c) and (d) were added to comply with amendments to rules 1.351 and 1.410.
2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.
April 1, 2026 Florida Rules of Civil Procedure 243 FORM 1.923(a). EVICTION SUMMONS—RESIDENTIAL
TO: …..(insert name, address, and phone number of tenant)……
PLEASE READ CAREFULLY
You are being sued by …..(insert landlord’s name)….. to require you to move out of the property located at for the reasons given in the attached complaint.
You are entitled to a trial to decide whether you can be required to move, but you MUST do ALL of the things listed below. You must do them within 5 days (not including Saturdays, Sundays, or legal holidays) after the date these papers were given to you or to a person who lives with you or were posted at your home.
THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS FOLLOWS:
1. Write down the reason(s) why you think you should not be forced to move. (You may use Florida Supreme Court Form 1.947(b), Answer— Residential Eviction, to do this.) The written reason(s) must be given to the clerk of the court at …..(insert address of courthouse)……
2. Mail or take a copy of your written reason(s) to:
…..(insert landlord’s name and address)……
3. Pay the clerk of court the rent that is due. You MUST pay the clerk of the court the rent each time it becomes due until the lawsuit is over. Whether you win or lose the lawsuit, the judge may release this rent to the landlord. [By statute, public housing tenants or tenants receiving rent subsidies must be required to pay only that portion of the full rent for which the tenant is responsible under the federal, state, or local program in which they are participating.]
4. If you and the landlord do not agree on the amount of rent owed, you must file a written request (motion) that asks the judge to decide how much money you must pay to the clerk of the court. The written request must be filed with your answer to the eviction complaint. A copy of your motion must also be mailed or hand delivered to the plaintiff(s) attorney, or if the plaintiff(s) has no attorney, to the plaintiff.
IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5 DAYS (NOT INCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR
April 1, 2026 Florida Rules of Civil Procedure 244 COURTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER NOTICE.
You may want to call a lawyer right away. If you do not know a lawyer, you can contact the Lawyer Referral Service on The Florida Bar’s website. If you cannot afford a lawyer, you may be eligible for free legal aid. You can locate legal aid programs by searching for “legal aid” on The Florida Bar’s website.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
THE STATE OF FLORIDA:
TO EACH SHERIFF OF THE STATE:
You are commanded to serve this summons and a copy of the complaint in this lawsuit on the above-named defendant.
DATED on the day of , 20 .
Clerk of the Court By: Deputy Clerk Clerk’s Address:
Telephone No.
CITATORIO DE DESALOJO—RESIDENCIAL
DESTINATARIO: …..(Ponga el nombre, la dirección y el número de teléfono del inquilino )…… POR FAVOR LEA ATENTAMENTE Usted ha sido demandado por ….(ponga el nombre del arrendador)….. para exigirle que desaloje la propiedad localizado en por las razones que se muestran en la demanda querella adjunta.
Usted tiene el derecho a un juicio para determinar si se le puede exigir que desaloje, pero DEBE cumplir con TODAS las acciones que se indican a continuación, las cuales tienen que hacerse dentro de los 5 días hábiles (es decir, sin incluir sábados, domingos ni días feriados) siguientes a la fecha en
April 1, 2026 Florida Rules of Civil Procedure 245 que la presente documentación le haya sido entregada a usted, o a una persona que viva con usted, o haya sido posteada en su domicilio.
LAS ACCIONES QUE DEBE HACER PARA CUESTIONAR EL DESALOJO SON LAS SIGUIENTES:
1. Indique por escrito la razón(es) por las que considera que no se le debe obligar a mudarse (para eso, usted puede usar el Formulario 1.947(b) de la Corte Suprema de la Florida [Florida Supreme Court], “Answer—Residential Eviction”). La presentación de la razón(es) por escrito debe ser entregada al secretario del tribunal en …..(Ponga la dirección del tribunal)……
2. Envíe por correo postal o entregue una copia de sus razones por escrito a: …..(Ponga el nombre y dirección del arrendador)……
3. Haga el pago del alquiler que se debe al secretario de la corte. Usted DEBE pagar el alquiler al secretario de la corte cada vez que haya que pagarlo, hasta que concluya el proceso judicial. Independientemente de si gana o pierde la demanda, el juez puede entregar este pago del alquiler al arrendador. [Según la ley, los inquilinos de viviendas públicas o quienes reciben subsidios de alquiler deben pagar únicamente la parte por la que son responsables con respecto al monto total del alquiler según el programa federal, estatal o local del que son participantes].
4. Si usted y el arrendador no llegan a un acuerdo respecto al monto del alquiler adeudado, usted deberá presentar una solicitud por escrito (una petición) para que el juez determine cuánto debe pagar al secretario del tribunal. La solicitud por escrito debe ser presentada junto con su respuesta a la demanda de desalojo. Una copia de su petición también deberá ser enviada por correo postal o entregada personalmente al abogado del demandante, o si el demandante no tiene abogado, al demandante mismo.
SI NO CUMPLE CON TODOS ESTOS REQUISITOS DENTRO DE LOS 5 DÍAS HÁBILES (SIN CONTAR SÁBADOS, DOMINGOS NI FERIADOS OFICIALES SEGÚN EL HORARIO DE ATENCIÓN SU TRIBUNAL), USTED PODRÍA SER DESALOJADO SIN QUE SE HAGA UNA AUDIENCIA NI SE LE DÉ PREVIO AVISO.
Sería recomendable que consulte a un abogado de inmediato. Si no cuenta con un abogado, puede contactar al Servicio de Consulta o Referencia Legal [Lawyer Referral Service] en el sitio web del Colegio de Abogados de la Florida [The Florida Bar.] Si no tiene el dinero necesario para contratar un
April 1, 2026 Florida Rules of Civil Procedure 246 abogado, usted podría ser elegible para recibir asesoría jurídica gratuita. Puede encontrar programas de ayuda legal buscando “asistencia legal” [‘legal aid’] en el sitio web del Colegio de Abogados de la Florida [The Florida Bar.]
Si usted tiene una discapacidad y requiere alguna adaptación especial o servicio de apoyo para participar en este procedimiento, tiene derecho a recibir asistencia gratuita. Por favor contacte a [identifique el personal del tribunal que corresponda incluyendo el nombre, dirección y número de teléfono], por lo menos 7 días antes de su comparecencia programada ante el tribunal, o inmediatamente después de recibir esta notificación si el plazo antes de la comparecencia es menor de 7 días; o si tiene discapacidad auditiva o del habla, llame al 711.
ESTADO DE LA FLORIDA [THE STATE OF FLORIDA:] A CADA ALGUACIL DEL ESTADO [SHERIFF OF THE STATE:] Se le ordena que haga entrega oficial de este citatorio, así como de una copia de la demanda que hace parte de este proceso judicial, al demandado mencionado anteriormente.
CON FECHA DEL día del mes de del 20 .
Secretario(a) del Tribunal
Firmado por: Secretario(a) Auxiliar Dirección del Secretario(a) del Tribunal:
No. de Teléfono
ASSIGNATION EN EXPULSION—RÉSIDENTIEL
À: …..(insérer le nom, l’adresse et le numéro de téléphone du locataire)…….
VEUILLEZ LIRE ATTENTIVEMENT Vous êtes poursuivi par …..(insérer le nom du propriétaire)….. pour vous obliger à quitter la propriété située à pour les raisons indiquées dans la plainte ci-jointe.
Vous avez le droit à un procès pour déterminer si vous pouvez être obligé de déménager, mais vous DEVEZ accomplir TOUTES les choses énumérées ci- dessous. Vous devez les réaliser dans les 5 jours (à l'exclusion des samedis, dimanches et jours fériés) suivant la date à laquelle ces documents vous ont été remis ou à une personne qui habite avec vous ou affichés à votre domicile.
April 1, 2026 Florida Rules of Civil Procedure 247 POUR CONTESTER VOTRE EXPULSION, IL EST NÉCESSAIRE D'EFFECTUER LES DÉMARCHES SUIVANTES:
1. Indiquez les raisons pour lesquelles vous pensez que vous ne devriez pas être obligé de déménager. (Vous pouvez vous utiliser le formulaire 1.947(b) de la Cour Suprême de Floride [Florida Supreme Court], intitulé “Answer—Residential Eviction,” pour ce faire.) Les raisons écrites doivent être soumises au greffier du tribunal à …..(insérer l’adresse du palais de justice)……
2. Veuillez envoyer ou remettre une copie de vos raisons écrites à:
…..(insérer le nom et l’adresse du propriétaire)…….
3. Vous devez payez au greffier du tribunal le loyer dû. Vous DEVEZ payez le loyer au greffier à chaque échéance jusqu’à la conclusion du procès. Que vous gagniez ou perdiez le procès, le juge peut décider de transférer ce loyer au propriétaire. En vertu de la loi, les locataires de logements sociaux ou ceux bénéficiant d’aides au loyer ne doivent payer que la part du loyer dont ils sont responsables selon le programme fédéral, étatique ou local auquel ils participent.
4. Si vous et le propriétaire ne parvenez pas à un accord sur le montant du loyer dû, vous devez soumettre une demande écrite (motion) au juge pour qu’il détermine le montant à verser au greffier. Cette demande écrite doit être déposée avec votre réponse à la plainte d’expulsion. Une copie de votre requête doit également être envoyée par courrier ou remise en main propre à l’avocat du plaignant, ou, si le plaignant n’a pas d’avocat, directement au plaignant.
SI VOUS NE RÉALISEZ PAS TOUTES CES CHOSES DANS UN DÉLAI DE 5 JOURS (HORS SAMEDIS, DIMANCHES ET JOURS FÉRIÉS POUR VOTRE TRIBUNAL), VOUS RISQUEZ D’ÊTRE EXPULSÉ SANS AUDIENCE NI PRÉAVIS SUPPLÉMENTAIRE.
Il est conseillé de joindre un avocat immédiatement. Si vous ne connaissez pas d'avocat, vous pouvez contacter le service de référence aux avocats sur le site Web du Florida Bar [The Florida Bar]. Si vos moyens financiers sont limités, vous pourriez avoir droit à une aide juridique gratuite. Vous pouvez trouver des programmes d’aide juridique en effectuant une recherche pour “aide juridique” [‘legal aid’] sur le site de de sur le site Web du Florida Bar [The Florida Bar].
April 1, 2026 Florida Rules of Civil Procedure 248 Si vous êtes une personne handicapée nécessitant des aménagements pour participer à cette procédure, vous avez droit, sans frais, à certaines formes d'assistance. Veuillez contacter [identifier le personnel judiciaire concerné par son nom, adresse et numéro de téléphone] au moins 7 jours avant votre comparution prévue au tribunal, ou immédiatement après avoir reçu cette notification si le délai avant la comparution prévue est inférieur à 7 jours; si vous avez des problèmes d'audition ou de voix, composez le 711.
L’ÉTAT DE FLORIDE [THE STATE OF FLORIDA:]
À CHAQUE SHÉRIF DE L’ÉTAT [SHERIFF OF THE STATE:]
Vous êtes chargé de signifier cette citation et une copie de la plainte dans cette affaire au défendeur mentionné ci-dessus.
DATÉ le jour de 20 .
Greffier du Tribunal
Par: Greffier Adjoint Adresse du Greffier:
Numéro de téléphone:
KONVOKASYON DEGÈPISMAN—REZIDANS
A: …..(mete non, adrès, ak nimewo telefòn lokatè a)……
TANPRI LI AK ATANSYON
…..(mete non mèt kay la a) ….. ap rele w lajistis pou mande w deplase soti nan kay ki nan pou rezon ki bay nan plent ki tache la a.
Ou gen dwa a yon jijman pou deside si ou ka oblije kite kay la, men ou DWE fè TOUT bagay ki endike anba la a. Ou dwe fè yo nan 5 jou (sa pa enkli Samdi, Dimanch, oswa jou ferye legal) apre dat yo te ba ou papye sa yo oswa bay yon moun ki abite avèk ou oswa yo te afiche yo sou kay ou.
MEN BAGAY OU DWE FÈ YO POU DEFYE DEGÈPISMAN AN:
1. Ekri rezon ( yo)ki fè w panse yo pa ta dwe fòse w soti nan kay la. (Ou ka itilize Fòm 1.947(b) Tribinal Siprèm Florid [Florida Supreme Court], Repons— Degèpisman Rezidansyèl, pou fè sa.) Ou dwe bay grefye tribinal la rezon (yo) alekri nan …..(mete adrès tribinal la) ……
April 1, 2026 Florida Rules of Civil Procedure 249 2. Poste oswa pote yon kopi rezon (yo) ou ekri a (yo) bay:
…..(mete non ak adrès mèt kay la)……
3. Peye grefye tribinal la lwaye ou dwe a. Ou DWE peye grefye nan tribinal la lwaye a chak mwa lè w dwe jiskaske pwosè a fini. Kit ou genyen oswa ou pèdi pwosè a, jij la ka bay lwaye sa a bay mèt kay la. [Dapre lalwa, lokatè lojman piblik oswa lokatè k ap resevwa sibvansyon pou lwaye yo dwe oblije peye sèlman pòsyon total lwaye lokatè a responsab la dapre pwogram federal, leta oswa lokal yo ap patisipe ladann nan.]
4. Si oumenm ak mèt kay la pa dakò sou kantite lwaye ou dwe a, ou dwe depoze yon demann alekri (mosyon) ki mande jij la deside konbyen lajan ou dwe peye grefye tribinal la. Ou dwe ranpli demann alekri a ak repons ou pou plent degèpisman an. Ou dwe tou voye yon kopi mosyon w la pa lapòs oswa remèt avoka moun ki pote plent la (yo), oswa si moun ki pote plent la (yo) pa gen avoka, bay moun ki pote plent la li.
SI OU PA FÈ TOUT BAGAY SA YO NAN 5 JOU (SA PA ENKLI SAMDI, DIMANCH, AK JOU FERYE LEGAL POU TRIBINAL OU A) YO KA METE W DEYÒ SAN YON ODYANS OSWA SAN OKENN LÒT AVI.
Ou ka vle rele yon avoka touswit. Si w pa konnen yon avoka, ou ka kontakte Sèvis Referans Avoka [Lawyer Referral Service] sou sitwèb Bar Nan Florida [The Florida Bar]. Si ou pa kapab peye yon avoka, ou ka kalifye pou èd legal gratis. Ou ka jwenn pwogram èd legal lè w chèche “legal aid” [‘èd legal’] sou sitwèb Bar Nan Florida [The Florida Bar].
Si ou se yon moun ki gen yon andikap ki bezwen nenpòt aranjman pou patisipe nan pwosedi sa a, ou gen dwa, san okenn frè pou ou, pou w resevwa sèten asistans. Tanpri kontakte [idantifye pèsonèl tribinal ki aplikab yo pa non, adrès, ak nimewo telefòn] omwen 7 jou anvan dat tribinal la te fikse pou w te parèt la, oswa imedyatman apre w resevwa notifikasyon sa si dat pou w te parèt la pwograme pou mwens pase 7 jou. Si ou gen pwoblèm pou tande oswa pou w pale, rele 711.
ETA FLORID [THE STATE OF FLORIDA]:
POU CHAK CHERIF ETA A [SHERIFF OF THE STATE]:
Yo ba w lòd pou w sèvi manda sa a ak yon kopi plent nan pwosè sa a bayakize ki endike anwo a.
April 1, 2026 Florida Rules of Civil Procedure 250 DAT nan jou , 20 .
Grefye Tribinal la
Pa: Grefye Adjwen
Adrès Grefye a:
Nimewo telefòn:
Committee Notes
1988 Adoption. This form was added to inform those sought to be evicted of the procedure they must follow to resist eviction.
1996 Amendment. This is a substantial revision of form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993.
FORM 1.923(b). SUMMONS ACTION FOR BACK RENT OR OTHER DAMAGES
Each defendant is further required to serve written defenses to the demand for back rent or any other damages alleged in the complaint on the above …..(insert landlord’s name and address)….. within 20 days after service of this summons on the defendant, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service on…..(insert landlord’s name)….. or thereafter. If you fail to do so, a default may be entered against the defendant for the relief demanded in that portion of the complaint.
WITNESS my hand and seal of the Court this day of , 20 .
(COURT SEAL) Clerk of the Court
By:
Deputy Clerk
April 1, 2026 Florida Rules of Civil Procedure 251 FORM 1.924. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY
I,(full legal name) (individually or an Employee of ), being sworn, certify that the following information is true:
1. I have made diligent search and inquiry to discover the current residence of , who is [over 18 years old] [under 18 years old] [age is unknown] (circle one). Refer to checklist below and identify all actions taken (any additional information included such as the date the action was taken and the person with whom you spoke is helpful) (attach additional sheet if necessary): [check all that apply] Inquiry of Social Security Information Telephone listings in the last known locations of defendant’s residence Statewide directory assistance search Internet people finder search {specify sites searched} Voter registration in the area where defendant was last known to reside. Nationwide Masterfile Death Search Tax Collector’s records in area where defendant was last known to reside. Tax Assessor’s records in area where defendant was last known to reside Department of Motor vehicle records in the state of defendant’s last known address Driver’s License records search in the state of defendant’s last known address. Department of Corrections records in the state of defendant’s last known address. Federal Prison records search. Regulatory agencies for professional or occupation licensing. Inquiry to determine if defendant is in military service. Last known employment of defendant.
{List all additional efforts made to locate defendant}
Attempts to Serve Process and Results
April 1, 2026 Florida Rules of Civil Procedure 252 I inquired of the occupant of the premises whether the occupant knows the location of the borrower-defendant, with the following results:
2. current residence [check one only]
a. ’s current residence is unknown to me b. ’s current residence is in some state or country other than Florida and ’s last known address is:
c. The , having residence in Florida, has been absent from Florida for more than 60 days prior to the date of this affidavit, or conceal him (her) self so that process cannot be served personally upon him or her, and I believe that there is no person in the state upon whom service of process would bind this absent or concealed .
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated: Signature of Affiant Printed Name: Address: City, State, Zip: Phone: Telefacsimile:
STATE OF COUNTY OF Sworn to or affirmed and signed before me on this day of , 20 . by .
April 1, 2026 Florida Rules of Civil Procedure 253 NOTARY PUBLIC STATE OF
(Print, Type, or Stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced:
NOTE: This form is used to obtain constructive service on the defendant.
April 1, 2026 Florida Rules of Civil Procedure 254 FORM 1.925. COMPLAINT TO QUIET TITLE
COMPLAINT TO QUIET TITLE BASED ON FRAUDULENT CONVEYANCE UNDER SECTION 65.091, FLORIDA STATUTES
The plaintiff(s), , sue(s) defendant(s), , defendant’s unknown spouse, heirs, devisees, grantees, judgment creditors, and all other parties claiming by, through, under, or against defendants or parties or claiming to have any right, title, or interest in the property described in this complaint, and alleges:
(1) This is an action to quiet and confirm title of plaintiff in and to lands located in County, Florida.
(2) Plaintiff owns the following real property:
(3) Plaintiff shows entitlement to (deraigns) title as follows (must show chain of title for at least the past 7 years):
Plaintiff obtained ownership by deed or instrument dated , recorded on , in official records book , page of the public records of County, Florida. The property description in that deed is as follows:
(4) The deed or instrument purported to have been signed by plaintiff(s), or purporting to convey the property to defendant(s), dated , recorded , in official records book , page of the public records of County, Florida, is fraudulent.
April 1, 2026 Florida Rules of Civil Procedure 255 (5) Plaintiff did not execute the deed and has not conveyed the property to any person since obtaining the conveyance(s) described in paragraph (3).
(6) The deed or instrument described in paragraph (4) did not convey title to defendant because the grantor had no title, but the recording of the deed casts a cloud on plaintiff’s title.
WHEREFORE, the plaintiff(s) respectfully request (requests) the court to enter an order to quiet title in and award the plaintiff(s) with the same title and rights to the land that the plaintiff enjoyed before the attempted conveyance.
Date:
Plaintiff
Address
City, State, Zip Code
Phone
E-mail address
(Include signature for each Plaintiff)
FORM 1.932. OPEN ACCOUNT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. Defendant owes plaintiff $………. that is due with interest since …..(date)….., according to the attached account.
WHEREFORE plaintiff demands judgment for damages against defendant.
NOTE: A copy of the account showing items, time of accrual of each, and amount of each must be attached.
FORM 1.933. ACCOUNT STATED
COMPLAINT
April 1, 2026 Florida Rules of Civil Procedure 256 Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. Before the institution of this action plaintiff and defendant had business transactions between them.
3. (Use A or B).
A. Plaintiff and defendant agreed on the balance due on …..(date)……
[OR]B. Plaintiff sent a statement to defendant on …..(date)….. and defendant failed to object within a reasonable time after receiving the statement.
4. (Use A or B).
A. Defendant expressly promised to pay plaintiff the balance due.
[OR]B. Defendant implicitly promised to pay plaintiff the amount set forth in the statement.
Defendant has not paid plaintiff the amount owed on the account. $………., plus interest since …..(date)……
WHEREFORE plaintiff demands judgment for damages against defendant.
NOTE: Attach a copy of any accounts, statements, or other documents required to be attached or incorporated by rule 1.130.
FORM 1.934. PROMISSORY NOTE
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On …..(date)….., defendant executed and delivered a promissory note, a copy being attached, to plaintiff in ……………….. County, Florida.
April 1, 2026 Florida Rules of Civil Procedure 257 3. Plaintiff owns and holds the note.
4. Defendant failed to pay (use a or b)
a. the note when due.
b. the installment payment due on the note on …..(date)….., and plaintiff elected to accelerate payment of the balance.
5. Defendant owes plaintiff $………. that is due with interest since …..(date)….., on the note.
6. Plaintiff is obligated to pay his/her attorneys a reasonable fee for their services.
WHEREFORE plaintiff demands judgment for damages against defendant.
NOTE: A copy of the note must be attached. Use paragraph 4a. or b. as applicable and paragraph 6 if appropriate.
Committee Notes
1980 Amendment. Paragraph 3 is added to show ownership of the note, and paragraph 4 is clarified to show that either 4a or 4b is used, but not both.
FORM 1.935. GOODS SOLD
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. Defendant owes plaintiff $………. that is due with interest since …..(date)….., for the following goods sold and delivered by plaintiff to defendant between …..(date)….., and …..(date)…..:
(list goods and prices)
WHEREFORE plaintiff demands judgment for damages against defendant.
FORM 1.936. MONEY LENT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
April 1, 2026 Florida Rules of Civil Procedure 258 1. This is an action for damages that (insert jurisdictional amount).
2. Defendant owes plaintiff $………. that is due with interest since …..(date)….., for money lent by plaintiff to defendant on …..(date)……
WHEREFORE plaintiff demands judgment for damages against defendant.
FORM 1.937. REPLEVIN
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action to recover possession of personal property in ……….. County, Florida.
2. The description of the property is:
(list property)
To the best of plaintiff’s knowledge, information, and belief, the value of the property is $………..
3. Plaintiff is entitled to the possession of the property under a security agreement dated ………., a copy of the agreement being attached.
4. To plaintiff’s best knowledge, information, and belief, the property is located at ………..
5. The property is wrongfully detained by defendant. Defendant came into possession of the property by (method of possession). To plaintiff’s best knowledge, information, and belief, defendant detains the property because (give reasons).
6. The property has not been taken for any tax, assessment, or fine pursuant to law.
7. The property has not been taken under an execution or attachment against plaintiff’s property.
WHEREFORE plaintiff demands judgment for possession of the property.
NOTE: Paragraph 3 must be modified if the right to possession arose in another manner. Allegations and a demand for damages, if appropriate, can be added to the form.
Committee Notes
April 1, 2026 Florida Rules of Civil Procedure 259 1980 Amendment. The form is amended to comply with the amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972).
FORM 1.938. UNLAWFUL DETAINER; FORCIBLE ENTRY; OR UNLAWFUL ENTRY
COMPLAINT
Plaintiff, A. B., sues defendant, C.D., and alleges:
1. This is an action to recover possession of real property in County, Florida, under chapter 82 and section 51.011, Florida Statutes.
2. Plaintiff is entitled to possession of the following real property in said county:
(insert the legal description and the street address of the real property, including unit number if applicable)
3. Plaintiff is entitled to possession of the real property based on 1 of the following grounds. Plaintiff is: (choose a or b.)
a. the owner of the real property; or
b. otherwise entitled to possession of the real property (and briefly state the reason why).
4. Defendant came into possession of the real property by 1 of the following methods: (choose a, b, or c.)
a. Unlawful Detention. Defendant is in possession of the real property without consent of a person entitled to possession or after consent was withdrawn on …..(date that consent was withdrawn)……
b. Forcible Entry. Defendant entered into and took possession of the real property with force, in a manner that was not peaceable, easy, or open, even if the entry was authorized by a person entitled to possession of the real property.
c. Unlawful Entry. Defendant entered into and is in possession of the real property when the entry was not authorized by law or without consent of a person entitled to possession of the real property.
April 1, 2026 Florida Rules of Civil Procedure 260 WHEREFORE plaintiff demands judgment for possession of the real property and damages against defendant.
NOTE: This form cannot be used for residential tenancies.
FORM 1.939. CONVERSION
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On or about …..(date)….., defendant converted to his/her own use (insert description of property converted) that was then the property of plaintiff of the value of $………..
WHEREFORE plaintiff demands judgment for damages against defendant.
FORM 1.940. EJECTMENT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
This is an action to recover possession of real property in ………. County, Florida.
2. Defendant is in possession of the following real property in the county:
(describe property)
to which plaintiff claims title as shown by the attached statement of plaintiff’s chain of title.
3. Defendant refuses to deliver possession of the property to plaintiff or pay plaintiff the profits from it.
WHEREFORE plaintiff demands judgment for possession of the property and damages against defendant.
NOTE: A statement of plaintiff’s chain of title must be attached.
Committee Notes
April 1, 2026 Florida Rules of Civil Procedure 261 1980 Amendment. The words “possession of” are inserted in paragraph 1 for clarification.
FORM 1.941. SPECIFIC PERFORMANCE
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for specific performance of a contract to convey real property in ………. County, Florida.
2. On …..(date)….., plaintiff and defendant entered into a written contract, a copy being attached.
3. Plaintiff tendered the purchase price to defendant and requested a conveyance of the real property described in the contract.
4. Defendant refused to accept the tender or to make the conveyance.
5. Plaintiff offers to pay the purchase price.
WHEREFORE plaintiff demands judgment that defendant be required to perform the contract for damages.
NOTE: A copy of the sales contract must be attached.
Committee Notes
1980 Amendment. Paragraph 3 is divided into 2 paragraphs to properly accord with rule 1.110(f).
FORM 1.942. CHECK
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On …..(date)….., defendant executed a written order for the payment of $………., commonly called a check, a copy being attached, payable to the order of plaintiff and delivered it to plaintiff.
3. The check was presented for payment to the drawee bank but payment was refused.
4. Plaintiff holds the check and it has not been paid.
April 1, 2026 Florida Rules of Civil Procedure 262 5. Defendant owes plaintiff $………. that is due with interest from …..(date)….., on the check.
WHEREFORE plaintiff demands judgment for damages against defendant.
NOTE: A copy of the check must be attached. Allegations about endorsements are omitted from the form and must be added when proper.
Committee Notes
1980 Amendment. Paragraph 4 is divided into 2 paragraphs to properly accord with rule 1.110(f).
April 1, 2026 Florida Rules of Civil Procedure 263 FORM 1.944(a). MORTGAGE FORECLOSURE
(When location of original note known)
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action to foreclose a mortgage on real property in ………. County, Florida.
2. On …..(date)….., defendant executed and delivered a promissory note and a mortgage securing payment of the note to …..(plaintiff or plaintiff’s predecessor)…… The mortgage was recorded on …..(date)….., in Official Records Book ………. at page ………. of the public records of ………. County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached.
3. (Select a, b, c, or d)
(a) Plaintiff is the holder of the original note secured by the mortgage.
(b) Plaintiff is a person entitled to enforce the note under applicable law because …..(allege specific facts)……
(c) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of …..(name of holder)….., the holder of the original note. The document(s) that grant(s) plaintiff the authority to act on behalf of the holder of the original note is/are as follows ………..
(d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of …..(name of non-holder)….., who is not the holder but is entitled to enforce the note under section 673.3011(2), Florida Statutes, because …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is are as follows ………..
4. The property is now owned by defendant who holds possession.
5. Defendant has defaulted under the note and mortgage by failing to pay the payment due …..(date)….., and all subsequent payments …..(allege other defaults as applicable)……
6. Plaintiff declares the full amount payable under the note and mortgage to be due.
April 1, 2026 Florida Rules of Civil Procedure 264 7. Defendant owes plaintiff $………. that is due on principal on the note and mortgage, interest from …..(date)….., and title search expense for ascertaining necessary parties to this action.
8. Plaintiff is obligated to pay plaintiff’s attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees under …..(allege statutory and/or contractual bases, as applicable)……
WHEREFORE plaintiff demands judgment foreclosing the mortgage, for costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency judgment.
NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following statement as required by rule 1.115(e).
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.
Executed on this …..(date)……
Person Signing Verification]
CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
The undersigned hereby certifies:
1. That plaintiff is in possession of the original promissory note upon which this action is brought.
2. The location of the original promissory note is: …..(location)……
3. The name and title of the person giving the certification is: …..(name and title)……
4. The name of the person who personally verified such possession is: …..(name)……
5. The time and date on which possession was verified were: …..(time and date)……
6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification.
April 1, 2026 Florida Rules of Civil Procedure 265 7. I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true.
Executed on …..(date)……
(Person Signing Certification)
NOTE: This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, and unpaid insurance premiums, other nonmonetary defaults, and for a receiver. They must be added when appropriate. A copy of the note and mortgage must be attached. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013) and rule 1.115. It is also designed to conform to section 673.3011, Florida Statutes (2013), except that part of section 673.3011, Florida Statutes, which defines a person entitled to enforce an instrument under section 673.3091, Florida Statutes. See form 1.944(b). Pursuant to section 702.015, Florida Statutes (2013), a certification of possession of the original promissory note must be filed contemporaneously with the Complaint (form 1.944(a)) or, in the event that the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an affidavit setting forth the facts required by law must be attached to the complaint (form 1.944(b)).
FORM 1.944(b). MORTGAGE FORECLOSURE
(When location of original note unknown)
COMPLAINT
Plaintiff, ABC, sues defendant, XYZ, and states:
1. This is an action to foreclose a mortgage on real property in ………. County, Florida.
2. On …..(date)….., defendant executed and delivered a promissory note and a mortgage securing the payment of said note to …..(plaintiff or plaintiff’s predecessor)…… The mortgage was recorded on …..(date)….., in Official Records Book ………. at page ………. of the public records of ………. County, Florida, and mortgaged the property described therein which was then owned by and in possession of the mortgagor. A copy of the mortgage and note are attached to the affidavit which is attached hereto as Composite Exhibit “1”; the contents of the affidavit are specifically incorporated by reference.
3. Plaintiff is not in possession of the note but is entitled to enforce it.
April 1, 2026 Florida Rules of Civil Procedure 266 4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because
(a) the note was destroyed.
(b) the note is lost.
(c) the note is in the wrongful possession of an unknown person.
(d) the note is in the wrongful possession of a person that cannot be found or is not amenable to service of process.
5. (select a, b, c, d, e, or f)
(a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage.
(b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because …..(allege specific facts)……
(c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: …..(allege facts as to transfer of ownership)……
(d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached).
(e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the note when loss of possession occurred because …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached).
(f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred, as follows: …..(allege specific facts)…… the document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached).
April 1, 2026 Florida Rules of Civil Procedure 267 6. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure.
7. The property is now owned by defendant who holds possession.
8. Defendant has defaulted under the note and mortgage by failing to pay the payment(s) due ..…(date(s))….. , and all subsequent payments ….. (identify other defaults as applicable)……
9. Plaintiff declares the full amount payable under the note and mortgage to be due.
10. Defendant owes plaintiff $……… that is due on principal on the note and mortgage, interest from …..(date)….., and title search expense for ascertaining necessary parties to this action.
11. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this claim pursuant to …..(identify statutory and/or contractual bases, as applicable)……
WHEREFORE, Plaintiff demands judgment re-establishing the promissory note, determining the amount and nature of adequate protection to be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency judgment.
NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following statement as required by rule 1.115(e).
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.
Executed on …..(date)……
(Person Signing Verification)
*****
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
April 1, 2026 Florida Rules of Civil Procedure 268 COUNTY OF ………..
BEFORE ME, the undersigned authority, personally appeared …..(name)….., who, after being first duly sworn, deposes and states, under penalty of perjury:
1. I am the plaintiff (or plaintiff’s ……….) (identify relationship to plaintiff).
I am executing this affidavit in support of plaintiff’s Complaint against defendant and I have personal knowledge of the matters set forth herein.
2. On …..(date)….. , the public records reflect that defendant executed and delivered a mortgage securing the payment of the note to …..(plaintiff/plaintiff’s predecessor)…… The mortgage was recorded on …..(date)….. , in Official Records Book ………. at page ………. of the public records of ………. County, Florida, and mortgaged the property described therein, which was then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached.
3. Plaintiff is not in possession of the note but is entitled to enforce it.
4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because
(a) the note was destroyed.
(b) the note is lost.
(c) the note is in the wrongful possession of an unknown person.
(d) the note is in the wrongful possession of a person who cannot be found or is not amenable to service of process.
5. (select a, b, c, d, e, or f)
(a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage.
(b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because …..(allege specific facts)……
(c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: …..(allege facts regarding transfer of ownership)……
April 1, 2026 Florida Rules of Civil Procedure 269 (d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ……….. (attach copy of document(s) or relevant portion(s) of the document(s)).
(e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the original note when loss of possession occurred, because …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached).
(f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the original note when loss of possession occurred, as follows …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached).
6. Below is the clear chain of the endorsements, transfers, allonges or assignments of the note and all documents that evidence same as are available to Plaintiff: …..(identify in chronological order all endorsements, transfers, assignments of, allonges to, the note or other evidence of the acquisition, ownership and possession of the note)…… Correct copies of the foregoing documents are attached to this affidavit.
7. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure.
FURTHER, AFFIANT SAYETH NAUGHT.
[signature] ………. [typed or printed name of affiant]STATE OF FLORIDA
COUNTY OF ……………
BEFORE ME, the undersigned authority appeared …..(name of affiant)….., who …..is personally known to me or ….. produced identification ….. and acknowledged that he/she executed the foregoing instrument for the purposes expressed therein and who did take an oath.
April 1, 2026 Florida Rules of Civil Procedure 270 WITNESS my hand and seal in the State and County aforesaid, this …..(date)……
NOTARY PUBLIC, State of Florida Print Name: ………. Commission Expires:……….
Committee Note
2014 Adoption. This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, unpaid insurance premiums, other nonmonetary defaults, and for a receiver. Allegations must be added when appropriate. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to comply with section 673.3091, Florida Statutes (2013). Adequate protection as required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013), must be provided before the entry of final judgment.
FORM 1.944(c) MOTION FOR ORDER TO SHOW CAUSE
PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE FOR ENTRY OF FINAL JUDGMENT OF FORECLOSURE
1. Plaintiff is a lienholder of real property located at …..(address)….. or is a …..Condominium Association/Cooperative Association/Homeowner’s Association……
2. The plaintiff has filed a verified complaint in conformity with applicable law, which is attached.
3. The plaintiff requests this court issue an order requiring defendant(s) to appear before the court to show cause why a final judgment of foreclosure should not be entered against defendant(s).
4. The date of the hearing may not occur sooner than the later of 20 days after service of the order to show cause or 45 days after service of the initial complaint.
OR
COMMENT: Use the following when service is by publication:
4. When service is obtained by publication, the date for the hearing may not be set sooner than 30 days after the first publication.
April 1, 2026 Florida Rules of Civil Procedure 271 5. The accompanying proposed order to show cause affords defendant(s) all the rights and obligations as contemplated by applicable law.
6. Upon the entry of the order to show cause, plaintiff shall serve a copy of the executed order to show cause for entry of final judgment as required by law.
Plaintiff requests the court review this complaint and grant this motion for order to show cause for entry of final judgment of foreclosure, and grant such further relief as may be awarded at law or in equity.
Plaintiff
Certificate of Service
Committee Note
2014 Adoption. This form is designed to comply with section 702.10, Florida Statutes (2013).
FORM 1.944(d) ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
THIS CAUSE has come before the court on …..plaintiff’s/lien holder’s….. motion for order to show cause for entry of final judgment of mortgage foreclosure and the court having reviewed the motion and the verified complaint, and being otherwise fully advised in the circumstances, finds and it is ORDERED AND ADJUDGED that:
1. The defendant(s) shall appear at a hearing on foreclosure on …..(date)….. at …..(time)….. before the undersigned judge, in the …..(county)….. Courthouse at …..(address)….., to show cause why the attached final judgment of foreclosure should not be entered against the defendant(s) in this cause. This hearing referred to in this order is a “show cause hearing.”
2. This ORDER TO SHOW CAUSE shall be served on the defendant(s) in accordance with the Florida Rules of Civil Procedure and applicable law as follows:
a. If the defendant(s) has/have been served under Chapter 48, Florida Statutes, with the verified complaint and original process has already been effectuated, service of this order may be made in the manner provided in the Florida Rules of Civil Procedure; or, if the other party is a plaintiff in the action, service of the order to show cause on that party may be made in the manner provided in the Florida Rules of Civil Procedure.
April 1, 2026 Florida Rules of Civil Procedure 272 b. If the defendant(s) has/have not been served under Chapter 48, Florida Statutes, with the verified complaint and original process, the order to show cause, together with the summons and a copy of the verified complaint, shall be served on the party in the same manner as provided by law for original process.
3. The filing of defenses by a motion or verified answer at or before the show cause hearing constitutes cause for which the court may not enter the attached final judgment.
4. Defendant(s) has/have the right to file affidavits or other papers at the time of the show cause hearing and may appear at the hearing personally or by an attorney.
5. If defendant(s) file(s) motions, they may be considered at the time of the show cause hearing.
6. Defendant(s)’ failure to appear either in person or by an attorney at the show cause hearing or to file defenses by motion or by a verified or sworn answer, affidavits, or other papers which raise a genuine issue of material fact which would preclude entry of summary judgment or which would otherwise constitute a legal defense to foreclosure, after being served as provided by law with the order to show cause, will be deemed presumptively a waiver of the right to a hearing. In such case, the court may enter a final judgment of foreclosure ordering the clerk of the court to conduct a foreclosure sale. An order requiring defendant(s) to vacate the premises may also be entered.
7. If the mortgage provides for reasonable attorneys’ fees and the requested fee does not exceed 3% of the principal amount owed at the time the complaint is filed, the court may not need to hold a hearing to adjudge the requested fee to be reasonable.
8. Any final judgment of foreclosure entered under section 702.10(1) Florida Statutes, shall be only for in rem relief; however, entry of such final judgment of foreclosure shall not preclude entry of an in personam money damages judgment or deficiency judgment where otherwise allowed by law.
9. A copy of the proposed final judgment is attached and will be entered by the court if defendant(s) waive(s) the right to be heard at the show cause hearing.
DONE AND ORDERED at …..(county)….., Florida …..(date)……
CIRCUIT JUDGE
Copies to:
April 1, 2026 Florida Rules of Civil Procedure 273 Committee Note
2014 Adoption. This form is designed to comply with section 702.10(1), Florida Statutes (2013).
FORM 1.945. MOTOR VEHICLE NEGLIGENCE COMPLAINT
COMPLAINT
Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. (Use a or b) a. On or about …..(date)….., defendant, C. D., owned a motor vehicle that was operated with his/her consent by defendant, E. F., at ……………… in ……………….., Florida.
b. On or about …..(date)….., defendant owned and operated a motor vehicle at ……………. in ……………………, Florida.
3. At that time and place defendants negligently operated or maintained the motor vehicle so that it collided with plaintiff’s motor vehicle.
4. As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff’s automobile was damaged and he/she lost the use of it during the period required for its repair or replacement.
WHEREFORE plaintiff demands judgment for damages against defendants.
NOTE: This form, except for paragraph 2b, is for use when owner and driver are different persons. Use paragraph 2b when they are the same. If paragraph 2b is used, “defendants” must be changed to “defendant” wherever it appears.
Committee Notes
1980 Amendment. This form was changed to show that one of the alternatives in paragraph 2 is used, but not both, and paragraph 4 has been changed to paraphrase Standard Jury Instruction 6.2.
April 1, 2026 Florida Rules of Civil Procedure 274 FORM 1.946. MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE
COMPLAINT
Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On or about …..(date)….., defendant, C. D., or defendant, E. F., or both defendants, owned and operated motor vehicles at ……………….. in ……………….., Florida.
3. At that time and place defendants, or one of them, negligently operated or maintained their motor vehicles so that one or both of them collided with plaintiff’s motor vehicle.
4. As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff’s automobile was damaged and he/she lost the use of it during the period required for its repair or replacement.
WHEREFORE plaintiff demands judgment for damages against defendants.
NOTE: Allegations when owner and driver are different persons are omitted from this form and must be added when proper.
Committee Notes
1980 Amendment. Paragraph 4 is changed to paraphrase Standard Jury Instruction 6.2.
FORM 1.947. TENANT EVICTION
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action to evict a tenant from real property in ……………… County, Florida.
2. Plaintiff owns the following described real property in said county:
April 1, 2026 Florida Rules of Civil Procedure 275 (describe property)
3. Defendant has possession of the property under (oral, written) agreement to pay rent of $………. payable …………………
4. Defendant failed to pay rent due …..(date)……
5. Plaintiff served defendant with a notice on …..(date)….., to pay the rent or deliver possession but defendant refuses to do either.
WHEREFORE plaintiff demands judgment for possession of the property against defendant.
NOTE: Paragraph 3 must specify whether the rental agreement is written or oral and if written, a copy must be attached.
FORM 1.947(b). ANSWER—RESIDENTIAL EVICTION
1. The defendant answers the complaint as follows: (Check ONLY 1, a. or b.)
a. Defendant generally denies each statement of the complaint.
b. Defendant admits that all the statements of the complaint are true EXCEPT:
(i) The following statement(s) in paragraph(s) of the complaint is/are false. Please explain:
(ii) I do not know whether the information in paragraph(s) of the complaint is/are true or false, so I am denying them.
2. If you write down any defense other than payment of rent, then you must take one of the following steps:
a. If you agree with the landlord about the rent owed, then you must pay the rent owed into the court registry when you file this response.
b. If you disagree with the landlord about the rent owed for any reason, then you must check box 3(b) below and describe with detail why you disagree.
April 1, 2026 Florida Rules of Civil Procedure 276 c. You MUST pay the clerk of court the rent each time it becomes due until the lawsuit is over.
If you fail to follow these instructions, then you will lose your defenses. You will not have a hearing in your case and you may be evicted without a court date.
3. The defendant sets forth the following defenses to the complaint: (Check ONLY the defenses that apply, and state brief facts to support each checked defense.)
a. The landlord did not make repairs, and I withheld my rent after sending written notice to the landlord. (Attach a copy of the written notice to the landlord.) Please explain:
b. I do not owe the total amount of rent or ongoing amount of rent the landlord claims I owe. I am also asking this court to determine the amount of rent that must be deposited into the court registry and requesting a hearing. (Motion to Determine Rent.) Please explain:
c. I attempted/offered to pay all the rent due before the notice to pay rent expired, but the landlord did not accept the rent payment. Please explain:
d. I paid the rent demanded by the landlord in the notice to pay rent. Please explain:
e. The landlord waived, changed, or canceled the notice that required me to move out of the residence. Please explain:
f. The landlord filed the eviction in retaliation against me. For example, the tenant has complained to a governmental agency charged
April 1, 2026 Florida Rules of Civil Procedure 277 with responsibility for enforcement of building, housing, or health codes of a suspected violation, or tenant has complained directly to the landlord. Please explain:
g. The landlord filed the eviction in violation of the Federal Fair Housing Act and/or the Florida Fair Housing Act. Please explain:
h. The landlord accepted rent from me after sending me the notice to terminate. Please explain:
i. I already corrected the violations claimed by the landlord on the notice to terminate. Please explain:
j. The landlord is not the owner of the property where I live. Please explain:
k. I did not receive the notice to terminate or the notice was legally incorrect. Please explain:
l. Other defenses. Please explain:
4. You have a constitutional right to request a trial by a jury of your peers instead of a judge. However, there are some things you should know about this right:
April 1, 2026 Florida Rules of Civil Procedure 278 a. You may have waived this right in your lease, so review it carefully before requesting a jury trial.
b. If you want a jury trial, you should request it in writing when you file your answer or you may waive your right to a jury trial.
c. Jury trials are not simple to conduct. You will bear some responsibility in the process and, if you are unprepared, it may be difficult to represent yourself in a jury trial. Additionally, once you request a jury trial, if you change your mind and you want the judge to decide your case, the landlord will need to agree.
d. If you have questions about whether to request a jury trial, you should speak with an attorney.
5. Select whether you want to request a jury trial: (Check only one.)
I want a judge to decide my case.
I want a jury to decide my case.
All of the statements made above are true to the best of my knowledge and belief.
Signature: Printed Name: Date: Address: Telephone Number: E-mail Address:
NOTE: Each defendant named in the complaint for whom this answer is filed must sign this answer unless the defendant’s attorney signs.
FORM 1.948. THIRD-PARTY COMPLAINT. GENERAL FORM
THIRD-PARTY COMPLAINT
Defendant, C. D., sues third-party defendant, E. F., and alleges:
1. Plaintiff filed a complaint against defendant, C. D., a copy being attached.
2. (State the cause of action that C. D. has against E. F. for all or part of what A. B. may recover from C. D. as in an original complaint.)
April 1, 2026 Florida Rules of Civil Procedure 279 WHEREFORE defendant C. D., demands judgment against the third- party defendant, E. F., for all damages that are adjudged against defendant, C.D., in favor of plaintiff.
NOTE: A copy of the complaint from which the third-party complaint is derived must be attached.
Committee Notes
1988 Amendment. The first sentence was changed to eliminate the words “and third party plaintiff.”
FORM 1.949. IMPLIED WARRANTY
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. Defendant manufactured a product known and described as (describe product).
3. Defendant warranted that the product was reasonably fit for its intended use as (describe intended use).
4. On …..(date)….., at ……………… in ……………… County, Florida, the product (describe the occurrence and defect that resulted in injury) while being used for its intended purpose, causing injuries to plaintiff who was then a user of the product.
5. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in their nature and plaintiff will suffer the losses and impairment in the future.
WHEREFORE plaintiff demands judgment for damages against defendant.
Committee Notes
1972 Amendment. This form is changed to require an allegation of the defect in paragraph 4. Contentions were made in trial courts that the form as presently authorized eliminated the substantive requirement that the plaintiff prove a defect except under those circumstances when substantive law eliminates the necessity of such proof. Paragraph 4 is amended to show that no substantive law change was intended.
April 1, 2026 Florida Rules of Civil Procedure 280 FORM 1.951. FALL-DOWN NEGLIGENCE COMPLAINT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount).
2. On …..(date)….., defendant was the owner and in possession of a building at ……………….. in ……………….., Florida, that was used as a (describe use).
3. At that time and place plaintiff went on the property to (state purpose).
4. Defendant negligently maintained (describe item) on the property by (describe negligence or dangerous condition) so that plaintiff fell on the property.
5. The negligent condition was known to defendant or had existed for a sufficient length of time so that defendant should have known of it.
6. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in nature and plaintiff will suffer the losses and impairment in the future.
WHEREFORE plaintiff demands judgment for damages against defendant.
FORM 1.960. BOND. GENERAL FORM
(TYPE OF BOND)
WE, (plaintiff’s name), as principal and (surety’s name), as Surety, are bound to (defendant’s name) in the sum of $………. for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if plaintiff shall (insert condition), then this bond is void; otherwise it remains in force.
SIGNED AND SEALED on …………….
As Principal (surety’s name)
April 1, 2026 Florida Rules of Civil Procedure 281 By
As Attorney in Fact As Surety Approved on …..(date)….. (Name of Clerk) As Clerk of the Court By As Deputy Clerk
Committee Notes
1992 Amendment. The “Approved on […..(date)…..]” line is moved to a location immediately above the clerk’s name.
FORM 1.961. VARIOUS BOND CONDITIONS
The following conditions are to be inserted in the second paragraph of form 1.960 in the blank provided for the condition of the bond. Other proper conditions must be inserted for other types of bonds.
(a) Attachment, Garnishment, and Distress.
. . . pay all costs and damages that defendant sustains in consequence of plaintiff improperly suing out (type of writ) in this action . . .
NOTE: The condition of an attachment bond in aid of foreclosure when the holder of the property is unknown is different from the foregoing condition. See section 76.12, Florida Statutes.
(b) Costs.
. . . pay all costs and charges that are adjudged against plaintiff in this action . . .
(c) Replevin.
. . . prosecute this action to effect and without delay, and if defendant recovers judgment against plaintiff in this action, plaintiff shall return the property replevied if return of it is adjudged, and shall pay defendant all money recovered against plaintiff by defendant in this action . . .
FORM 1.965. DEFENSE. STATUTE OF LIMITATIONS
Each cause of action, claim, and item of damages did not accrue within the time prescribed by law for them before this action was brought.
April 1, 2026 Florida Rules of Civil Procedure 282 FORM 1.966. DEFENSE. PAYMENT
Before commencement of this action defendant discharged plaintiff’s claim and each item of it by payment.
FORM 1.967. DEFENSE. ACCORD AND SATISFACTION
On …..(date)….., defendant delivered to plaintiff and plaintiff accepted from defendant (specify consideration) in full satisfaction of plaintiff’s claim.
FORM 1.968. DEFENSE. FAILURE OF CONSIDERATION
The sole consideration for the execution and delivery of the promissory note described in paragraph ………. of the complaint was plaintiff’s promise to lend defendant $1,000; plaintiff failed to lend the sum to defendant.
NOTE: This form is for failure to complete the loan evidenced by a promissory note. The contract, consideration, and default of the plaintiff must be varied to meet the facts of each case.
FORM 1.969. DEFENSE. STATUTE OF FRAUDS
The agreement alleged in the complaint was not in writing and signed by defendant or by some other person authorized by defendant and was to answer for the debt, default, or miscarriage of another person.
NOTE: This form is for one of the cases covered by the Statute of Frauds. It must be varied to meet the facts of other cases falling within the statute.
FORM 1.970. DEFENSE. RELEASE
On …..(date)….., and after plaintiff’s claim in this action accrued, plaintiff released defendant from it, a copy of the release being attached.
NOTE: This form is for the usual case of a written release. If the release is not in writing, the last clause must be omitted and the word “orally” inserted before “released.”
FORM 1.971. DEFENSE. MOTOR VEHICLE CONTRIBUTORY NEGLIGENCE
Plaintiff’s negligence contributed to the accident and his/her injury and damages because he/she negligently operated or maintained the motor vehicle in which he/she was riding so that it collided with defendant’s motor vehicle.
April 1, 2026 Florida Rules of Civil Procedure 283 FORM 1.972. DEFENSE. ASSUMPTION OF RISK
Plaintiff knew of the existence of the danger complained of in the complaint, realized and appreciated the possibility of injury as a result of the danger, and, having a reasonable opportunity to avoid it, voluntarily exposed himself/herself to the danger.
Committee Note
1980 Amendment. This form is amended to show the substantive changes caused by the substitution of the doctrine of comparative negligence for contributory negligence. The form is paraphrased from Standard Jury Instruction 3.8.
FORM 1.975. NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT
NOTICE OF COMPLIANCE WITH SECTION 86.091, FLORIDA STATUTES
The undersigned hereby gives notice of compliance with Fla. R. Civ. P. 1.071, with respect to the constitutional challenge brought pursuant to …..(Florida statute, charter, ordinance, or franchise challenged)…… The undersigned complied by serving the …..(Attorney General for the state of Florida or State Attorney for the ………. Judicial Circuit)…… with a copy of the pleading or motion challenging …..(Florida statute, charter, ordinance, or franchise challenged)….., by …..(certified or registered mail)….. on …..(date)……
…..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ……….
Committee Notes
2010 Adoption. This form is to be used to provide notice of a constitutional challenge as required by section 86.091, Florida Statutes. See rule 1.071. This form is to be used when the Attorney General or the State Attorney is not a named party to the action, but must be served solely in order to comply with the notice requirements set forth in section 86.091.
April 1, 2026 Florida Rules of Civil Procedure 284 FORM 1.976. STANDARD INTERROGATORIES
The forms of Florida standard interrogatories approved by the supreme court shall be used in the actions to which they apply, subject to the requirements of rule 1.340.
April 1, 2026 Florida Rules of Civil Procedure 285 FORM 1.977. FACT INFORMATION SHEET
(a) For Individuals.
(CAPTION)
FACT INFORMATION SHEET
Full Legal Name: Nicknames or Aliases: Residence Address: Mailing Address (if different): Telephone Numbers: (Home) (Business) Name of Employer: Address of Employer: Position or Job Description: Rate of Pay: $ per Average Paycheck: $ per Average Commissions or Bonuses: $ per . Commissions or bonuses are based on Other Personal Income: $ from (Explain details on the back of this sheet or an additional sheet if necessary.) Social Security Number: Birthdate: Driver’s License Number: Marital Status: Spouse’s Name:
********
Spouse Related Portion
Spouse’s Address (if different): Spouse’s Social Security Number: Birthdate: Spouse’s Employer: Spouse’s Average Paycheck or Income: $ per
April 1, 2026 Florida Rules of Civil Procedure 286 Other Family Income: $ per (Explain details on back of this sheet or an additional sheet if necessary.)
Describe all other accounts or investments you may have, including stocks, mutual funds, savings bonds, or annuities, on the back of this sheet or on an additional sheet if necessary.
********
Names and Ages of All Your Children (and addresses if not living with you):
Child Support or Alimony Paid: $ per Names of Others You Live With: Who is Head of Your Household? You Spouse Other Person Checking Account at: Account # Savings Account at: Account # For Real Estate (land) You Own or Are Buying: Address: All Names on Title: Mortgage Owed to: Balance Owed: 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 You Own or Are Buying: Year/Make/Model: Color: Vehicle ID #: Tag No: Mileage: Names on Title: Present Value: $ Loan Owed to: Balance on Loan: $ Monthly Payment: $
April 1, 2026 Florida Rules of Civil Procedure 287 (List all other automobiles, as well as other vehicles, such as boats, motorcycles, bicycles, or aircraft, on the back of this sheet or an additional sheet if necessary.)
Have you given, sold, loaned, or transferred any real or personal property worth more than $100 to any person in the last year? If your answer is “yes,” describe the property, market value, and sale price, and give the name and address of the person who received the property.
Does anyone owe you money? Amount Owed: $ Name and Address of Person Owing Money: Reason money is owed:
Please attach copies of the following: a. Your last pay stub. b. Your last 3 statements for each bank, savings, credit union, or other financial account. c. Your motor vehicle registrations and titles. d. Any deeds or titles to any real or personal property you own or are buying, or leases to property you are renting. e. Your financial statements, loan applications, or lists of assets and liabilities submitted to any person or entity within the last 3 years. f. Your last 2 income tax returns filed.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor STATE OF FLORIDA COUNTY OF ……….
Sworn to (or affirmed) and subscribed before me this ________ day of ______ (year) by (name of person making statement)
Notary Public State of Florida My Commission expires: ……….
April 1, 2026 Florida Rules of Civil Procedure 288 Personally known ________ OR Produced Identification _______ Type of identification produced ___________________________
YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF COURT.
(b) For Corporations and Other Business Entities.
(CAPTION)
FACT INFORMATION SHEET
Name of entity: Name and title of person filling out this form: Telephone number: Place of business: Mailing address (if different): Gross/taxable income reported for federal income tax purposes last three years: $ /$ $ /$ $ /$ Taxpayer identification number: Is this entity an S corporation for federal income tax purposes? Yes No Average number of employees per month Name of each shareholder, member, or partner owning 5% or more of the entity’s common stock, preferred stock, or other equity interest:
Names of officers, directors, members, or partners:
Checking account at: Account #
April 1, 2026 Florida Rules of Civil Procedure 289 Savings account at: Account # Does the entity own any vehicles? Yes No For each vehicle please state: Year/Make/Model: Color: Vehicle ID No: Tag No: Mileage: Names on Title: Present Value: $ Loan Owed to: Balance on Loan: $ Monthly Payment: $ Does the entity own any real property? Yes No If yes, please state the address(es):
Please check if the entity owns the following
Boat
Camper
Stocks/bonds
Other real property
Other personal property
Please attach copies of the following:
1. Copies of state and federal income tax returns for the past 3 years.
2. All bank, savings and loan, and other account books and statements for accounts in institutions in which the entity had any legal or equitable interest for the past 3 years.
3. All canceled checks for the 12 months immediately preceding the service date of this Fact Information Sheet for accounts in which the entity held any legal or equitable interest.
4. All deeds, leases, mortgages, or other written instruments evidencing any interest in or ownership of real property at any time within the 12 months immediately preceding the date this lawsuit was filed.
April 1, 2026 Florida Rules of Civil Procedure 290 5. Bills of sale or other written evidence of the gift, sale, purchase, or other transfer of any personal or real property to or from the entity within the 12 months immediately preceding the date this lawsuit was filed.
6. Motor vehicle or vessel documents, including titles and registrations relating to any motor vehicles or vessels owned by the entity alone or with others.
7. Financial statements as to the entity’s assets, liabilities, and owner’s equity prepared within the 12 months immediately preceding the service date of this Fact Information Sheet.
8. Minutes of all meetings of the entity’s members, partners, shareholders, or board of directors held within 2 years of the service date of this Fact Information Sheet.
9. Resolutions of the entity’s members, partners, shareholders, or board of directors passed within 2 years of the service date of this Fact Information Sheet.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor’s Designated Representative/Title
STATE OF FLORIDA COUNTY OF ……….
Sworn to (or affirmed) and subscribed before me this _____ day of ____________ (year) by (name of person making statement).
Personally known ____ OR Produced identification __________ Type of identification produced __________________________
YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE PLAINTIFF’S JUDGMENT CREDITOR OR THE PLAINTIFF’S JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF THE COURT.
Committee Notes
2000 Adoption. This form is added to comply with amendments to rule 1.560.
April 1, 2026 Florida Rules of Civil Procedure 291 2013 Amendment. This amendment clarifies that the judgment debtor should mail or deliver the Fact Information Sheet only to the judgment creditor or the judgment creditor’s attorney, and should not file the Fact Information Sheet with the clerk of the court.
FORM 1.980. DEFAULT
MOTION FOR DEFAULT
Plaintiff moves for entry of a default by the clerk against defendant ………. for failure to serve any document on the undersigned or file any document as required by law.
Attorney for Plaintiff
DEFAULT
A default is entered in this action against the defendant named in the foregoing motion for failure to serve or file any document as required by law.
Dated on ……….
(Name of Clerk) As Clerk of the Court By As Deputy Clerk
FORM 1.981. SATISFACTION OF JUDGMENT
SATISFACTION OF JUDGMENT
The undersigned, owner and holder of a final judgment rendered in the above-captioned civil action, dated ………., recorded in ……………….. County, Official Records Book ….. beginning at Page ….., acknowledges that all sums due under it have been fully paid and that final judgment is hereby canceled and satisfied of record.
Dated on …………………
Judgment Owner and Holder (or their attorney)
STATE OF FLORIDA COUNTY OF _______
April 1, 2026 Florida Rules of Civil Procedure 292 The foregoing instrument was acknowledged before me this _____ day of ___________, 20___, by (name of person acknowledging).
(NOTARY SEAL) (Signature of Notary Public-State of Florida) (Name of Notary Typed, Printed, or Stamped)
Personally Known _________ OR Produced Identification ______ Type of Identification Produced ___________________________
Committee Notes
2003 Amendment. This satisfaction of judgment is a general form. It is a new form. To ensure identity of the signer, notarization is prudent but not required. If a certified copy of the judgment is recorded, it may be prudent to include that recording information.
2013 Amendment. This form has been changed to remove unnecessary language and to include the acknowledgment required by sections 695.03 and 701.04, Florida Statutes.
FORM 1.982. CONTEMPT NOTICE
MOTION AND NOTICE OF HEARING
TO: (name of attorney for party, or party if not represented)
YOU ARE NOTIFIED that plaintiff will apply to the Honorable ………. , Circuit Judge, on …..(date)….., at ……m., in the ……….. County Courthouse at ………., Florida, for an order adjudging (defendant’s name) in contempt of court for violation of the terms of the order or judgment entered by this court on …..(date)….., by failing to ……………, and I certify that a copy hereof has been furnished to ………. by mail on …..(date)……
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before your scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
NOTE: The particular violation must be inserted in the motion and notice. A separate motion is unnecessary.
April 1, 2026 Florida Rules of Civil Procedure 293 Committee Note
2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.
FORM 1.983. PROSPECTIVE JUROR QUESTIONNAIRE
DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS:
Before you file a copy of this form, redact the month and date of the prospective juror’s birth in question #3, but retain the year of birth. Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2)
QUESTIONNAIRE FOR PROSPECTIVE JURORS
1. Name: (print) ……..…………………………………………………………………………………………. (first) (middle) (last)
2. Residence address:
………………………………………………………………………………………… (street and number)
…………………………………………………………………………………………. (city) (zip)
3. Date of birth:
………….………………………………………………………………………………………
Sex: ……………………………… Occupation: ……………………………….
4. Do you understand the English language?
…………………………………. ………………………………….. (yes) (no)
5. Do you read and write the English language?
……………………………….. ………………………………… (yes) (no)
6. Have you ever been convicted of a crime and not restored to your civil rights?
…………………………….. ………………………………..
April 1, 2026 Florida Rules of Civil Procedure 294 (yes) (no)
If “yes,” state the nature of crime(s), the date of the conviction(s), and the name of the court in which you were convicted:
………………………………………………………………………………………………
.……………………………………………………………………………………………..
7. Are there any criminal charges pending against you of which you are aware?
……………………………. ………………………………… (yes) (no)
If “yes,” state the nature of the charge and the name of the court (s) in which the case(s) is pending:
………………………………………………………………………………………………
.……………………………………………………………………………………………..
8. FULL TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny full-time federal state, or local law enforcement officer or such entities’ investigative personnel shall be excused from jury service unless such persons choose to serve.” Do you choose to serve?
…………………………. ……………………………….. (yes) (no)
9. List any official executive office you now hold with the federal, state, or ………. county government:
………………………………………………………………………………………………
………………………………………………………………………………………………
10. Is your hearing good? …………………. …………………… (yes) (no)
Is your eyesight good? ………………. …………………….. (yes) (no)
(The court may require a medical certificate.)
April 1, 2026 Florida Rules of Civil Procedure 295 11. Do you have any physical or mental disability (mental illness, intellectual disability, senility, or other physical or mental incapacity) that would interfere with your service as a juror?
………………………………. ……………………………………. (yes) (no)
If “yes,” state the nature: .………………………………………………………………………..……………………
(The court may require a written statement from a physician.)
12. Do you know of any reason (s) why you cannot serve as a juror?
…………………………. ……………………………….. (yes) (no)
If “yes,” state the reason (s):
………………………………………………………………………………………………
………………………………………………………………………………………………
13. EXPECTANT MOTHERS AND PARENTS ONLY: Section 40.013(4), Florida Statutes, provides that “[a]ny expectant mother and parent who is not employed full time and who has custody of a child under 6 years of age, upon request, shall be excused from jury service.” Do you want to be excused under this provision?
…………………………. ……………………………….. (yes) (no)
If “yes,” what are the ages of your children?
………………………………………………………………………………………………….
14. NEW MOTHERS ONLY: Section 40.013(12), Florida Statutes, provides that “[a] woman who has given birth within the 6 months before the reporting date on a summons for jury service shall be excused upon request.” Do you want to be excused under this provision?
…………………………. ……………………………….. (yes) (no)
15. CAREGIVER: Section 40.013(10), Florida Statutes, provides that “[a]ny person who is responsible for the care of a person who, because of mental illness, intellectual disability, senility, or other physical or mental
April 1, 2026 Florida Rules of Civil Procedure 296 incapacity, is incapable of caring for himself or herself shall be excused from jury service upon request.” Do you want to be excused under this provision?
…………………………. ……………………………….. (yes) (no)
If “yes,” state the reason(s): ………………………………………………………………………………………………….
16. FULL-TIME STUDENTS: Section 40.013(11), Florida Statutes, provides that “[u]pon request, a full-time student between 18 and 21 years of age, inclusive, who is attending high school or any state university, private postsecondary educational institution, Florida College System institution, or career center shall be excused from that specific summons for jury service.” Do you want to request to be excused under this provision?
…………………………. ……………………………….. (yes) (no)
If “yes,” what is the name of your school? ………………………………………………………………………………………………….
Signature
This is not a summons for jury duty. If your name is later drawn for jury service, you will be summoned by clerk of court by mail.
NOTE: This form does not use a caption as shown in form 1.901. It may be headed with the designation of the jury authority charged by law with the selection of prospective jurors.
FORM 1.984. JUROR VOIR DIRE QUESTIONNAIRE
JURY QUESTIONNAIRE
Instructions to Jurors
You have been selected as a prospective juror. It will aid the court and help shorten the trial of cases if you will answer the questions on this form and return it in the enclosed self-addressed stamped envelope within the next 2 days. Please complete the form in blue or black ink and write as dark and legibly as you can.
1. Name (print) (first) (middle) (last)
April 1, 2026 Florida Rules of Civil Procedure 297 2. Residence address
3. Years of residence: In Florida In this county
4. Former residence
5. Marital status: (married, single, divorced, widow, or widower)
6. State the highest level of education you completed
Less than high school Some college
High school Associate degree
Vocational/Technical school College degree
Post graduate degree
7. Your occupation and employer
8. If you are not now employed, give your last occupation and employer
9. If married, name and occupation of husband or wife
10. Have you served as a juror before?
11. Have you or any member of your immediate family been a party to any lawsuit?
If so, when and in what court?
12. Are you either a close friend of or related to any law enforcement officer?
13. Has a claim for personal injuries ever been made against you or any member of your family?
14. Have you or any member of your family ever made any claim for personal injuries?
Juror’s Signature
April 1, 2026 Florida Rules of Civil Procedure 298 NOTE: This form does not have a caption as shown in form 1.901, but should be headed with the name of the court summoning the juror.
FORM 1.986. VERDICTS
In all civil actions tried by a jury, the parties should refer to the model verdict forms contained in the Florida Standard Jury Instructions in Civil Cases, as applicable.
FORM 1.988. JUDGMENT AFTER DEFAULT
(a) General Form. This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys’ fees:
FINAL JUDGMENT
This action was heard after entry of default against defendant and
IT IS ADJUDGED that plaintiff, …..(name and address)….., recover from defendant, …..(name and address, and last 4 digits of social security number if known)….., the sum of $………. with costs in the sum of $………., that shall bear interest at the rate of …..% a year, for which let execution issue.
ORDERED at ……………….., Florida, on …..(date)……
Judge
(b) Form with Interest and Fees. This form is for judgment after default including prejudgment interest and attorneys’ fees recovered:
FINAL JUDGMENT
This action was heard after entry of default against defendant and
IT IS ADJUDGED that plaintiff, …..(name and address)….., recover from defendant, …..(name and address, and last 4 digits of social security number if known)….., the sum of $………. on principal, $………. for attorneys’ fees with costs in the sum of $………., and pre-judgment interest in the sum of $………., making a total of $………. that shall bear interest at the rate of …..% a year, for which let execution issue.
ORDERED at ……………….., Florida, on …..(date)……
Judge
April 1, 2026 Florida Rules of Civil Procedure 299 NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.
Committee Notes
1980 Adoption. This form is new.
2003 Amendment. Subdivision (b) is amended to include prejudgment interest in the total judgment pursuant to Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996).
FORM 1.989. ORDER OF DISMISSAL FOR LACK OF PROSECUTION
(a) Notice of Lack of Prosecution.
NOTICE OF LACK OF PROSECUTION
PLEASE TAKE NOTICE that it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months immediately preceding service of this notice, and no stay has been issued or approved by the court. Pursuant to rule 1.420(e), if no such record activity occurs within 60 days following the service of this notice, and if no stay is issued or approved during such 60-day period, this action may be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending.
(b) Order Dismissing Case for Lack of Prosecution.
ORDER OF DISMISSAL
This action was heard on the …..respondent’s/court’s/interested party’s….. motion to dismiss for lack of prosecution served on …..(date)…… The court finds that (1) notice pre-scribed by rule 1.420(e) was served on …..(date)…..; (2) there was no record activity during the 10 months immediately preceding service of the foregoing notice; (3) there was no record activity during the 60 days immediately following service of the foregoing notice; (4) no stay
April 1, 2026 Florida Rules of Civil Procedure 300 has been issued or approved by the court; and (5) no party has shown good cause why this action should remain pending. Accordingly,
IT IS ORDERED that this action is dismissed for lack of prosecution.
ORDERED at ……………….., Florida, on …..(date)……
Judge
FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR DAMAGES
FINAL JUDGMENT
Pursuant to the verdict rendered in this action
IT IS ADJUDGED that plaintiff, …..(name and address)….., recover from defendant, …..(name and address, and last 4 digits of social security number if known)….., the sum of $………. with costs in the sum of $………., making a total of $………., that shall bear interest at the rate of …..% a year, for which let execution issue.
ORDERED at ……………….., Florida, on …..(date)……
Judge
NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.
FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR DAMAGES
FINAL JUDGMENT
Pursuant to the verdict rendered in this action
April 1, 2026 Florida Rules of Civil Procedure 301 IT IS ADJUDGED that plaintiff, …..(name and address, and last 4 digits of social security number if known)….., take nothing by this action and that defendant, …..(name and address)….., shall go hence without day and recover costs from plaintiff in the sum of $………. that shall bear interest at the rate of …..% a year, for which let execution issue.
ORDERED at ……………….., Florida, on …..(date)……
Judge
NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.
FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM NON-JURY
FINAL JUDGMENT
This action was tried before the court. On the evidence presented
IT IS ADJUDGED that:
1. (list adjudications in numbered paragraphs)
2. …………………………………………..
(See note below on name, address, and social security number requirements.)
ORDERED at …………………, Florida, on …..(date)……
Judge
NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an
April 1, 2026 Florida Rules of Civil Procedure 302 affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.
FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM. NON-JURY FINAL JUDGMENT
This action was tried before the court. On the evidence presented
IT IS ADJUDGED that plaintiff, …..(name and address, and last 4 digits of social security number if known)….., take nothing by this action and that defendant, …..(name and address)….., shall go hence without day and recover costs from plaintiff in the sum of $………. that shall bear interest at the rate of …..% a year, for which let execution issue.
ORDERED at ……………….., Florida, on …..(date)……
Judge
NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.
FORM 1.995. FINAL JUDGMENT OF REPLEVIN
NOTE APPLICABLE TO FORMS (a)–(d): The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the
April 1, 2026 Florida Rules of Civil Procedure 303 judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown.
(a) Judgment in Favor of Plaintiff when Plaintiff Has Possession.
FINAL JUDGMENT OF REPLEVIN
This matter was heard on plaintiff’s complaint. On the evidence presented
IT IS ADJUDGED that:
1. Plaintiff, …..(name and address)….., has the right against defendant, …..(name and address, and last 4 digits of social security if known)….., to retain possession of the following described property:
(list the property and include a value for each item)
2. Plaintiff shall recover from defendant the sum of $………. as damages for the detention of the property and the sum of $………. as costs, making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue.
ORDERED at ……………….., Florida, on …..(date)……
Judge
NOTE: This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff can also recover damages for the wrongful taking and detention of the property, together with costs. Generally these damages are awarded in the form of interest unless loss of use can be proven. Ocala Foundry & Machine Works v. Lester, 49 Fla. 199, 38 So. 51 (1905).
If the defendant has possession of part of the property, see form 1.995(b).
(b) Judgment in Favor of Plaintiff when Defendant Has Possession.
FINAL JUDGMENT OF REPLEVIN
This matter was heard on plaintiff’s complaint. On the evidence presented
IT IS ADJUDGED that:
April 1, 2026 Florida Rules of Civil Procedure 304 1. Plaintiff, …..(name and address)….., has the right against defendant, …..(name and address, and last 4 digits of social security number if known)….., to possession of the following described property:
(list the property and include a value for each item)
for which the clerk of the court shall issue a writ of possession; or
2. Plaintiff shall recover from defendant [if applicable add “and surety on the forthcoming bond”] the sum of $………. for the value of the property, which shall bear interest at the rate of …..% per year, for which let execution issue.
3. Plaintiff shall recover from defendant the sum of $………. as damages for the detention of the property and the sum of $………. as costs, making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue.
ORDERED at ……………….., Florida, on …..(date)……
Judge
NOTE: This form applies when the plaintiff prevails on the merits and the defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or the value of the plaintiff’s lien or special interest. The value for purposes of paragraph 2 is either the value of the property or the value of the plaintiff’s lien or special interest.
Paragraph 3 of the form provides for damages for detention only against the defendant because the defendant’s surety obligates itself only to ensure forthcoming of the property, not damages for its detention.
Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the plaintiff elects the writ of possession for the property and the sheriff is unable to find it or part of it, the plaintiff may immediately have execution against the defendant for the whole amount recovered or the amount less the value of the property found by the sheriff. If the plaintiff elects execution for the whole amount, the officer shall release all property taken under the writ.
If the plaintiff has possession of part of the property, see form 1.995(a).
April 1, 2026 Florida Rules of Civil Procedure 305 (c) Judgment in Favor of Defendant when Defendant Has Possession under Forthcoming Bond.
FINAL JUDGMENT OF REPLEVIN
This matter was heard on plaintiff’s complaint. On the evidence presented
IT IS ADJUDGED that:
1. Defendant, …..(name and address)….., has the right against plaintiff, …..(name and address, and last 4 digits of social security number if known)….., to possession of the following described property:
(list the property and include a value for each item)
2. Defendant retook possession of all or part of the property under a forthcoming bond, and defendant’s attorney has reasonably expended ….. hours in representing defendant in this action and $………. is a reasonable hourly rate for the services.
3. Defendant shall recover from plaintiff the sum of $………. for the wrongful taking of the property, costs in the sum of $………., and attorneys’ fees in the sum of $………., making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue.
ORDERED at ……………….., Florida, on …..(date)……
Judge
NOTE: This form applies when the defendant prevails and the property was retained by or redelivered to the defendant. Section 78.20, Florida Statutes (1995), provides for an award of attorneys’ fees. The prevailing defendant may be awarded possession, damages, if any, for the taking of the property, costs, and attorneys’ fees.
If the plaintiff has possession of part of the property, see form 1.995(d).
(d) Judgment in Favor of Defendant when Plaintiff Has Possession.
FINAL JUDGMENT OF REPLEVIN
This matter was heard on plaintiff’s complaint. On the evidence presented
April 1, 2026 Florida Rules of Civil Procedure 306 IT IS ADJUDGED that:
1. Defendant, …..(name and address)….., has the right against plaintiff, …..(name and address, and last four digits of social security number if known)….., to recover possession of the following described property:
(list the property and include a value for each item)
for which the clerk of the court shall issue a writ of possession; or
2. Defendant shall recover from plaintiff [if applicable add “and surety on plaintiff’s bond”] the sum of $………. for the value of the property, which shall bear interest at the rate of …..% per year, for which let execution issue.
3. Defendant shall recover from plaintiff the sum of $………. as damages for detention of the property and the sum of $………. as costs, making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue.
ORDERED at ……………….., Florida, on …..(date)……
Judge
NOTE: This form should be used when the defendant prevails but the plaintiff has possession of the property. Section 78.21, Florida Statutes (1995), does not provide for an award of attorneys’ fees when the defendant prevails and possession had been temporarily retaken by the plaintiff. Sections 78.21 and 78.19 allow the defendant to recover the property or its value or the value of the defendant’s special interest.
Paragraphs 1 and 2 of the form provide to the defendant the option of obtaining either a writ of possession or execution against the plaintiff and plaintiff’s surety on a money judgment for property not recovered and costs. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the defendant elects the writ of possession for the property and the sheriff is unable to find it or part of it, the defendant may immediately have execution against the plaintiff and surety for the whole amount recovered or the amount less the value of the property found by the sheriff. If the defendant elects execution for the whole amount, the officer shall release all property taken under the writ.
If the defendant has possession of part of the property, see form 1.995(c).
FORM 1.996(a). FINAL JUDGMENT OF FORECLOSURE
FINAL JUDGMENT
This action was tried before the court. On the evidence presented
April 1, 2026 Florida Rules of Civil Procedure 307 IT IS ADJUDGED that:
1. Amounts Due. Plaintiff, …..(name and address)….., is due
Principal $………. Interest to date of this judgement ………. Title Search expenses ………. Taxes ………. Attorney’s fees total ………. Court costs, now taxed ………. Other ………. ………. Subtotal $………. LESS: Escrow balance $………. LESS: Other $………. TOTAL $………. That must bear interest at a rate of ………. per year.
2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in ……………….. County, Florida:
(describe property)
3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court must sell the property at public sale on …..(date)….., to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at …..(street address of courthouse)….. in ………. County in …..(name of city)….., Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE):
….. At …..(location of sale at courthouse; e.g., north door)….., beginning at …..(time of sale)….. on the prescribed date.
….. By electronic sale beginning at …..(time of sale)….. on the prescribed date at …..(website)……
4. Costs. Plaintiff must advance all subsequent costs of this action and must be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale must be responsible for the documentary stamps payable on the
April 1, 2026 Florida Rules of Civil Procedure 308 certificate of title. If plaintiff is the purchaser, the clerk must credit plaintiff’s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full.
5. Distribution of Proceeds. On filing the certificate of title the clerk must distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court.
6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens must be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, must be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C § 5220, note, or section 83.5615, Florida Statutes, and claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. On the filing of the certificate of title, the person named on the certificate of title must be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or section 83.5615, Florida Statutes.
7. Attorneys’ Fees.
[If a default judgment has been entered against the mortgagor]Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable.
[If no default judgment has been entered against the mortgagor]The court finds, based on the affidavits/testimony presented and on inquiry of counsel for the plaintiff that ………. hours were reasonably expended by plaintiff's counsel and that an hourly rate of $………. is appropriate. Plaintiff’s counsel represents that the attorneys’ fees awarded does not exceed its contract fee with the plaintiff. The court finds that there is/are no reduction or enhancement factors for consideration by the court under Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained herein).
April 1, 2026 Florida Rules of Civil Procedure 309 [If the fees to be awarded are a flat fee]
The requested attorneys’ fees are a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.
8. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
[If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment must additionally contain the following statement in conspicuous type:]IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CONTACT THE CLERK OF THE COURT, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT
April 1, 2026 Florida Rules of Civil Procedure 310 (INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ORDERED at ……….., Florida, on …..(date)……
Judge
NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an adjudication of junior lienors’ claims nor for redemption by the United States of America if it is a defendant. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla. 4th DCA 1998).
Committee Notes
1980 Amendment. The reference to writs of assistance in paragraph 7 is changed to writs of possession to comply with the consolidation of the 2 writs.
2010 Amendment. Mandatory statements of the mortgagee/property owner’s rights are included as required by the 2006 amendment to section 45.031, Florida Statutes. Changes are also made based on 2008 amendments to section 45.031, Florida Statutes, permitting courts to order sale by electronic means.
Additional changes were made to bring the form into compliance with chapters 718 and 720 and section 45.0315, Florida Statutes, and to better align the form with existing practices of clerks and practitioners. The breakdown of the amounts due is now set out in column format to simplify calculations. The requirement that the form include the address and social security number of all defendants was eliminated to protect the privacy interests of those defendants and in recognition of the fact that this form of judgment does not create a personal final money judgment against the defendant borrower, but rather an in rem judgment against the property. The address and social security number of the defendant borrower should be
April 1, 2026 Florida Rules of Civil Procedure 311 included in any deficiency judgment later obtained against the defendant borrower.
2014 Amendment. These amendments added titles, updated statutory reference to time for right of redemption, and added a paragraph on attorneys’ fees.
2019 Amendment. An amendment to paragraph 6 is intended to notify all involved in mortgage foreclosure proceedings of section 83.561, Florida Statute (2015), Termination of Rental Agreement upon Foreclosure, by adding language from the statute.
2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 12 U.S.C. § 5220, note.
FORM 1.996(b). FINAL JUDGMENT OF FORECLOSURE FOR REESTABLISHMENT OF LOST NOTE
FINAL JUDGMENT
This action was tried before the court. On the evidence presented
IT IS ADJUDGED that:
1. Amounts Due. Plaintiff, …..(name and address)….., is due
Principal $………. Interest to date of this judgement ………. Title Search expenses ………. Taxes ………. Attorney’s fees total ………. Court costs, now taxed ………. Other ………. ………. Subtotal $………. LESS: Escrow balance ………. LESS: Other ……….
April 1, 2026 Florida Rules of Civil Procedure 312 TOTAL $………. That must bear interest at a rate of ………. per year.
2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property ………. County, Florida:
(describe property)
3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court must sell the property at public sale on …..(date)….., to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at …..(street address of courthouse).…. in ………. County in …..(name of city)….., Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE):
….. At …..(location of sale at courthouse; e.g., north door)….., beginning at …..(time of sale)….. on the prescribed date.
….. By electronic sale beginning at …..(time of sale)….. on the prescribed date at …..(website)……
4. Costs. Plaintiff must advance all subsequent costs of this action and must be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale must be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk must credit plaintiff’s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full.
5. Distribution of Proceeds. On filing the certificate of title the clerk must distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court.
6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens must be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, must be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or
April 1, 2026 Florida Rules of Civil Procedure 313 section 83.5615, Florida Statutes, and claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. On the filing of the certificate of title, the person named on the certificate of title must be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S. C. § 5220, note, or section 83.5615, Florida Statutes.
7. Attorneys’ Fees.
[If a default judgment has been entered against the mortgagor]Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable.
[If no default judgment has been entered against the mortgagor]The court finds, based upon the affidavits/testimony presented and upon inquiry of counsel for the plaintiff that ………. hours were reasonably expended by plaintiff's counsel and that an hourly rate of $ ………. is appropriate. Plaintiff’s counsel represents that the attorney fee awarded does not exceed its contract fee with the plaintiff. The court finds that there are no reduction or enhancement factors for consideration by the court under Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained herein).
[If the fees to be awarded are a flat fee]The requested attorneys’ fees are a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable.
8. Re-establishment of Lost Note. The court finds that the plaintiff has re-established the terms of the lost note and its right to enforce the instrument as required by applicable law. Plaintiff must hold the defendant(s) maker of the note harmless and must indemnify defendant(s) for any loss defendant(s) may incur by reason of a claim by any other person to enforce the lost note. Adequate protection has been provided as required by law by the following means: …..(identify means of security under applicable law: a written indemnification agreement, a surety bond, include specific detail)……
Judgment is hereby entered in favor of the plaintiff as to its request to enforce the lost note.
April 1, 2026 Florida Rules of Civil Procedure 314 9. Jurisdiction Retained. Jurisdiction of this action is retained to enforce the adequate protection ordered and to enter further orders that are proper including, without limitation, a deficiency judgment.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
[If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment must additionally contain the following statement in conspicuous type:]IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT (INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR
April 1, 2026 Florida Rules of Civil Procedure 315 ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
ORDERED at ……………….., Florida, on …..(date)……
Judge NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an adjudication of junior lienors’ claims or for redemption by the United States of America if it is a defendant. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998).
Committee Note
2014 Amendment. This new form is to be used when the foreclosure judgment re-establishes a lost note.
2019 Amendment. The amendment to paragraph 6 is intended to notify all involved in mortgage foreclosure proceedings of section 83.561, Florida Statutes (2015), Termination of Rental Agreement upon Foreclosure, by adding language from the statute.
2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 12 U.S.C. § 5220, note.
FORM 1.996(c). MOTION TO CANCEL AND RESCHEDULE FORECLOSURE SALE
Plaintiff moves to cancel and reschedule the mortgage foreclosure sale because:
1. On …..(date)….. this court entered a Final Judgment of Foreclosure pursuant to which a foreclosure sale was scheduled for …..(date)……
2. The sale needs to be canceled for the following reason(s):
a. Plaintiff and defendant are continuing to be involved in loss mitigation;
April 1, 2026 Florida Rules of Civil Procedure 316 b. Defendant is negotiating for the sale of the property that is the subject of this matter and plaintiff wants to allow the defendant an opportunity to sell the property and pay off the debt that is due and owing to plaintiff.
c. Defendant has entered into a contract to sell the property that is the subject of this matter and plaintiff wants to give the defendant an opportunity to consummate the sale and pay off the debt that is due and owing to plaintiff.
d. Defendant has filed a Chapter Petition under the Federal Bankruptcy Code;
e. Plaintiff has ordered but has not received a statement of value/appraisal for the property;
f. Plaintiff and defendant have entered into a Forbearance Agreement;
g. Other
3. If this Court cancels the foreclosure sale, plaintiff moves that it be rescheduled.
I hereby certify that a copy of the foregoing motion has been furnished by …..(method of service)….. to …..(name(s))….. on …..(date)……
NOTE. This form is used to move the court to cancel and reschedule a foreclosure sale.
FORM 1.997. CIVIL COVER SHEET
The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.)
I. CASE STYLE
(Name of Court) .
April 1, 2026 Florida Rules of Civil Procedure 317 Plaintiff Case # Judge
vs. Defendant
II. AMOUNT OF CLAIM
Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose. _____ $8,000 or less _____ $8,001 – $30,000 _____ $30,001- $50,000 _____ $50,001- $75,000 _____ $75,001-$100,000 _____ over $100,000.00
III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines.
CIRCUIT CIVIL
Condominium
Contracts and indebtedness
Eminent domain
Auto negligence
Negligence—other
Business governance
Business torts
Environmental/Toxic tort
Third party indemnification
Construction defect
April 1, 2026 Florida Rules of Civil Procedure 318 Mass tort
Negligent security
Nursing home negligence
Premises liability—commercial
Premises liability—residential
Products liability ___ Real property/Mortgage foreclosure
_____ Commercial foreclosure
_____ Homestead residential foreclosure
_____ Non-homestead residential foreclosure
_____ Other real property actions
Professional malpractice
Malpractice—business
Malpractice—medical
Malpractice—other professional
Other
Antitrust/Trade regulation
Business transactions
Constitutional challenge—statute or ordinance
Constitutional challenge—proposed amendment
Corporate trusts
Discrimination—employment or other
Insurance claims
Intellectual property
Libel/Slander
April 1, 2026 Florida Rules of Civil Procedure 319 Shareholder derivative action
Securities litigation
Trade secrets
Trust litigation
COUNTY CIVIL
Civil
Real Property/Mortgage foreclosure
Replevins
Evictions
Residential Evictions
______ Non-residential Evictions
Other civil (non-monetary)
IV. REMEDIES SOUGHT (check all that apply):
Monetary;
Nonmonetary declaratory or injunctive relief;
Punitive
V. NUMBER OF CAUSES OF ACTION: [ ]
(Specify)
VI. IS THIS CASE A CLASS ACTION LAWSUIT?
yes
no
VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
no
yes If “yes,” list all related cases by name, case number, and court.
April 1, 2026 Florida Rules of Civil Procedure 320 VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?
yes
no
IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE?
yes
no
I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of General Practice and Judicial Administration 2.425.
Signature Fla. Bar # Attorney or party (Bar # if attorney)
(type or print name) Date
FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET
Plaintiff must file this cover sheet with the first document filed in the action or proceeding (except small claims cases, probate, or family cases). Domestic and juvenile cases should be accompanied by a completed Florida Family Law Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil cover sheet in any civil case other than those excepted above may result in sanctions.
I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned (if applicable), and the name (last, first, middle initial) of plaintiff(s) and defendant(s).
II. Amount of Claim. Enter the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose.
April 1, 2026 Florida Rules of Civil Procedure 321 III. Type of Case. Place an “X” on the appropriate line. If the cause fits more than one type of case, select the most definitive. If the most definitive label is a subcategory (indented under a broader category label), place an “X” on the category and subcategory lines. Definitions of the cases are provided below in the order they appear on the form.
Circuit Civil
(A) Condominium—all civil lawsuits pursuant to Chapter 718, Florida Statutes, in which a condominium association is a party.
(B) Contracts and indebtedness—all contract actions relating to promissory notes and other debts, including those arising from the sale of goods, but excluding contract disputes involving condominium associations.
(C) Eminent domain—all matters relating to the taking of private property for public use, including inverse condemnation by state agencies, political subdivisions, or public service corporations.
(D) Auto negligence—all matters arising out of a party’s allegedly negligent operation of a motor vehicle.
(E) Negligence—other—all actions sounding in negligence, including statutory claims for relief on account of death or injury, that are not included in other main categories.
(F) Business governance—all matters relating to the management, administration, or control of a company.
(G) Business torts—all matters relating to liability for economic loss allegedly caused by interference with economic or business relationships.
(H) Environmental/Toxic tort—all matters relating to claims that violations of environmental regulatory provisions or exposure to a chemical caused injury or disease.
(I) Third party indemnification—all matters relating to liability transferred to a third party in a financial relationship.
(J) Construction defect—all civil lawsuits in which damage or injury was allegedly caused by defects in the construction of a structure.
(K) Mass tort—all matters relating to a civil action involving numerous plaintiffs against one or more defendants.
(L) Negligent security—all matters involving injury to a person or property allegedly resulting from insufficient security.
April 1, 2026 Florida Rules of Civil Procedure 322 (M) Nursing home negligence—all matters involving injury to a nursing home resident resulting from negligence of nursing home staff or facilities.
(N) Premises liability—commercial—all matters involving injury to a person or property allegedly resulting from a defect on the premises of a commercial property.
(O) Premises liability—residential—all matters involving injury to a person or property allegedly resulting from a defect on the premises of a residential property.
(P) Products liability—all matters involving injury to a person or property allegedly resulting from the manufacture or sale of a defective product or from a failure to warn.
(Q) Real property/Mortgage foreclosure—all matters relating to the possession, title, or boundaries of real property. All matters involving foreclosures or sales of real property, including foreclosures associated with condominium associations or condominium units. (The amount of claim specified in Section II. of the form determines the filing fee pursuant to section 28.241, Florida Statutes.)
(R) Commercial foreclosure—all matters relating to the termination of a business owner’s interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property.
(S) Homestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption.
(T) Nonhomestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption.
(U) Other real property actions—all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure.
(V) Professional malpractice—all professional malpractice lawsuits.
(W) Malpractice—business—all matters relating to a business’s or business person’s failure to exercise the degree of care and skill that someone in the same line of work would use under similar circumstances.
April 1, 2026 Florida Rules of Civil Procedure 323 (X) Malpractice—medical—all matters relating to a doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances.
(Y) Malpractice—other professional—all matters relating to negligence of those other than medical or business professionals.
(Z) Other—all civil matters not included in other categories.
(AA) Antitrust/Trade regulation—all matters relating to unfair methods of competition or unfair or deceptive business acts or practices.
(AB) Business transactions—all matters relating to actions that affect financial or economic interests.
(AC) Constitutional challenge—statute or ordinance—a challenge to a statute or ordinance, citing a violation of the Florida Constitution.
(AD) Constitutional challenge—proposed amendment—a challenge to a legislatively initiated proposed constitutional amendment, but excluding challenges to a citizen-initiated proposed constitutional amendment because the Florida Supreme Court has direct jurisdiction of such challenges.
(AE) Corporate trusts—all matters relating to the business activities of financial services companies or banks acting in a fiduciary capacity for investors.
(AF) Discrimination—employment or other—all matters relating to discrimination, including employment, sex, race, age, handicap, harassment, retaliation, or wages.
(AG) Insurance claims—all matters relating to claims filed with an insurance company.
(AH) Intellectual property—all matters relating to intangible rights protecting commercially valuable products of the human intellect.
(AI) Libel/Slander—all matters relating to written, visual, oral, or aural defamation of character.
(AJ) Shareholder derivative action—all matters relating to actions by a corporation’s shareholders to protect and benefit all shareholders against corporate management for improper management.
(AK) Securities litigation—all matters relating to the financial interest or instruments of a company or corporation.
April 1, 2026 Florida Rules of Civil Procedure 324 (AL) Trade secrets—all matters relating to a formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors.
(AM) Trust litigation—all civil matters involving guardianships, estates, or trusts and not appropriately filed in probate proceedings.
County Civil (AN) Civil – all matters involving claims ranging from $8,001 through $30,000 in damages, exclusive of interest, costs, and attorney fees.
(AO) Real property/Mortgage foreclosure-all matters involving claims up to $30,000 relating to the possession, title, or boundaries of real property. All matters involving foreclosures or sales of real property up to $30,000, including foreclosures associate with condominium associations or condominium units.
(AP) Replevins—all lawsuits pursuant to Chapter 78, Florida Statutes, involving claims up to $30,000.
(AQ) Evictions—all matters involving the recovery of possession of leased land or rental property by process of law.
(AR) Other civil (non-monetary)—includes all other non-monetary county civil matters that were not described in other county civil categories.
IV. Remedies Sought. Place an “X” on the appropriate line. If more than one remedy is sought in the complaint or petition, check all that apply.
V. Number of Causes of Action. If the complaint or petition alleges more than one cause of action, note the number and the name of the cause of action.
VI. Class Action. Place an “X” on the appropriate line.
VII. Related Cases. Place an “X” on the appropriate line.
VIII. Is Jury Trial Demanded In Complaint? Check the appropriate line to indicate whether a jury trial is being demanded in the complaint.
IX. Sexual Abuse. Plan an “X” on the appropriate line.
ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly the name of the person signing the civil cover sheet. Attorneys must include a Florida Bar number. Insert the date the civil cover sheet is signed. Signature is a certification that the filer has provided accurate information on the civil cover sheet, and has read and complied with the requirements of Florida Rule of General Practice and Judicial Administration 2.425.
April 1, 2026 Florida Rules of Civil Procedure 325 FORM 1.998. FINAL DISPOSITION FORM
This form shall be filed by the prevailing party with the Clerk of Court for the purpose of reporting uniform case data pursuant to Florida Statutes section 25.075. (See instructions on the reverse of the form.)
I. CASE STYLE
(Name of Court) .
Plaintiff Case # Judge
vs.
Defendant
II. AMOUNT OF FINAL JUDGMENT Please indicate the amount of the final judgment, rounded to the nearest dollar. $
III. MEANS OF FINAL DISPOSITION (Place an “x” in one box for major category and one subcategory, if applicable, only)
Dismissed Before Hearing
Dismissed Pursuant to Settlement—Before Hearing
Dismissed Pursuant to Mediated Settlement—Before Hearing
Other—Before Hearing
Dismissed After Hearing
Dismissed Pursuant to Settlement—After Hearing
Dismissed Pursuant to Mediated Settlement—After Hearing
Other After Hearing—After Hearing
Disposed by Default
Disposed by Judge
Disposed by Non-jury Trial
April 1, 2026 Florida Rules of Civil Procedure 326 Disposed by Jury Trial
Other
DATE SIGNATURE OF ATTORNEY FOR PREVAILING PARTY
April 1, 2026 Florida Rules of Civil Procedure 327 INSTRUCTIONS FOR ATTORNEYS COMPLETING FINAL DISPOSITION FORM
I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned to the case and the names (last, first, middle initial) of plaintiff(s) and defendant(s).
II. Amount of Final Judgment. Enter the amount as recorded in the final judgment.
III. Means of Final Disposition. Place an “x” in the appropriate major category box and in the appropriate subcategory box, if applicable. The following are the definitions of the disposition categories.
(A) Dismissed Before Hearing—the case is settled, voluntarily dismissed, or otherwise disposed of before a hearing is held;
(B) Dismissed Pursuant to Settlement—Before Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reached without mediation before a hearing is held;
(C) Dismissal Pursuant to Mediated Settlement—Before Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reached with mediation before a hearing is held;
(D) Other—Before Hearing—the case is dismissed before hearing in an action that does not fall into one of the other disposition categories listed on this form;
(E) Dismissed After Hearing—the case is dismissed by a judge, voluntarily dismissed, or settled after a hearing is held;
(F) Dismissal Pursuant to Settlement—After Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reach without mediation after a hearing is held;
(G) Dismissal Pursuant to Mediated Settlement—After Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reach with mediation after a hearing is held;
(H) Other—After Hearing—the case is dismissed after hearing in an action that does not fall into one of the other disposition categories listed on this form;
April 1, 2026 Florida Rules of Civil Procedure 328 (I) Disposed by Default—a defendant chooses not to or fails to contest the plaintiff’s allegations and a judgment against the defendant is entered by the court;
(J) Disposed by Judge—a judgment or disposition is reached by the judge in a case that is not dismissed and in which no trial has been held. Includes stipulations by the parties, conditional judgments, summary judgment after hearing and any matter in which a judgment is entered excluding cases disposed of by default as in category (I) above;
(K) Disposed by Non-Jury Trial—the case is disposed as a result of a contested trial in which there is no jury and in which the judge determines both the issues of fact and law in the case;
(L) Disposed by Jury Trial—the case is disposed as a result of a jury trial (consider the beginning of a jury trial to be when the jurors and alternates are selected and sworn);
(M) Other—the case is consolidated, submitted to arbitration or mediation, transferred, or otherwise disposed of by other means not listed in categories (A) through (L).
DATE AND ATTORNEY SIGNATURE. Date and sign the final disposition form.
FORM 1.999. ORDER DESIGNATING A CASE COMPLEX
This form order is for designating a case complex under rule 1.201 and directing the clerk of court to update the court’s records and to report the case activity to the Supreme Court.
ORDER DESIGNATING CASE A “COMPLEX CASE” DIRECTIONS TO THE CLERK OF COURT
THIS CAUSE was considered on [the court’s own motion] [the motion of a party] to designate this case a “complex case” as defined in rule 1.201, Fla. R. Civ. P. Being fully advised in the circumstances, the court determines that the case meets the criteria for proceeding under the rule and designates it as a “complex case.”
The clerk of the court shall designate this case a “complex case,” update the court’s records accordingly, and report such designation and the case activity to the Supreme Court pursuant to section 25.075, Florida Statutes, and rule 2.245(a), Fla. R. Gen. Prac. & Jud. Admin.
DONE AND ORDERED at ………. County, Florida, on …..(date)……
April 1, 2026 Florida Rules of Civil Procedure 329 Judge
APPENDIX I— STANDARD INTERROGATORIES FORMS
FORM 1. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO PLAINTIFF
(If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.)
1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed?
2. List the names, business addresses, dates of employment, and rates of pay regarding all employers, including self-employment, for whom you have worked in the past 10 years.
3. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, your date of birth, and, if you are or have ever been married, the name of your spouse or spouses.
4. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner?
5. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction.
6. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness?
7. Did you consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them.
8. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident.
April 1, 2026 Florida Rules of Civil Procedure 330 9. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question.
10. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding this charge, and, if so, what is the name and address of the person or entity that prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony?
11. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and, as to any injuries you contend are permanent, the effects on you that you claim are permanent.
12. List each item of expense or damage, other than loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the complaint, giving for each item the date incurred, the name and business address of the person or entity to whom each was paid or is owed, and the goods or services for which each was incurred.
13. Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount and the method that you used in computing the amount.
14. Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories? If so, state the amounts paid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third parties have or claim a right of subrogation.
15. List the names and business addresses of each physician who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated.
16. List the names and business addresses of all other physicians, medical facilities, or other health care providers by whom or at which you have been examined or treated in the past 10 years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated.
April 1, 2026 Florida Rules of Civil Procedure 331 17. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge.
18. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement.
19. State the name and address of every person known to you, your agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, audio recording, visual recording, audiovisual recording, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared.
20. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion.
21. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it.
22. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed.
FORM 2. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO DEFENDANT
(If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.)
1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed?
April 1, 2026 Florida Rules of Civil Procedure 332 2. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, and your date of birth.
3. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction.
4. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in plaintiff’s complaint, detailing as to such policies the name of the insurer, the number of the policy, the effective dates of the policy, the available limits of liability, and the name and address of the custodian of the policy.
5. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident.
6. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question.
7. State the facts upon which you rely for each affirmative defense in your answer.
8. Do you contend any person or entity other than you is, or may be, liable in whole or part for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention.
9. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding the charge, and, if so, what is the name and address of the person or entity who prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony?
10. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge.
April 1, 2026 Florida Rules of Civil Procedure 333 11. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement.
12. State the name and address of every person known to you, your agents, or your attorneys who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, audio recording, visual recording, audiovisual recording, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared.
13. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion.
14. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it.
15. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed.
FORM 3. MEDICAL MALPRACTICE — INTERROGATORIES TO PLAINTIFF
(These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.)
23. Do you contend that you have experienced any injury or illness as a result of any negligence of this defendant? If so, state the date that each such injury occurred, a description of how the injury was caused, and the exact nature of each such injury.
24. What condition, symptom, or illness caused you to obtain medical care and treatment from this defendant?
April 1, 2026 Florida Rules of Civil Procedure 334 25. Do you claim this defendant neglected to inform or instruct or warn you of any risk relating to your condition, care, or treatment? If so, state of what, in your opinion, the defendant failed to inform, instruct, or warn you.
26. If you contend that you were not properly informed by this defendant regarding the risk of the treatment or the procedure performed, state what alternative treatment or procedure, if any, you would have undergone had you been properly informed.
27. State the date and place and a description of each complaint for which you contend the defendant refused to attend or treat you.
28. State the date you became aware of the injuries sued on in this action, and describe in detail the circumstances under which you became aware of each such injury; state the date you became aware that the injuries sued on in this action were caused or may have been caused by medical negligence; and describe in detail the circumstances under which you became aware of the cause of said injuries.
29. State the name and address of every person or organization to whom you have given notice of the occurrence sued on in this case because you, your agents, or your attorneys believe that person or organization may be liable in whole or in part to you.
FORM 4. MEDICAL MALPRACTICE — INTERROGATORIES TO DEFENDANT
(These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Defendant.)
NOTE: When the word “Plaintiff” is mentioned, these interrogatories are directed to be answered regarding (name of plaintiff/patient).
16. Please give us your entire educational background, starting with your college education and chronologically indicating by date and place each school, college, course of study, title of seminars, length of study, and honors received by you up to the present time, including internships, residencies, degrees received, licenses earned or revoked, medical specialty training, board memberships, authorship of any books, articles, or texts, including the names of those writings and their location in medical journals, awards or honors received, and continuing medical education.
17. Please give us your entire professional background up to the present time, including dates of employment or association, the names of all physicians with whom you have practiced, the form of employment or business relationship such as whether by partnership, corporation, or sole
April 1, 2026 Florida Rules of Civil Procedure 335 proprietorship, and the dates of the relationships, including hospital staff privileges and positions, and teaching experience.
18. With respect to your office library or usual place of work, give us the name, author, name of publisher, and date of publication of every medical book or article, journal, or medical text to which you had access, which deals with the overall subject matter described in paragraph [whatever paragraph number that concerns negligence] of the complaint. (In lieu of answering this interrogatory you may allow plaintiff’s counsel to inspect your library at a reasonable time.)
19. If you believe there was any risk to the treatment you rendered to the plaintiff, state the nature of all risks, including whether the risks were communicated to the plaintiff; when, where, and in what manner they were communicated; and whether any of the risks in fact occurred.
20. Tell us your experience in giving the kind of treatment or examination that you rendered to the plaintiff before it was given to the plaintiff, giving us such information as the approximate number of times you have given similar treatment or examinations, where the prior treatment or examinations took place, and the successful or unsuccessful nature of the outcome of that treatment or those examinations.
21. Please identify, with sufficient particularity to formulate the basis of a request to produce, all medical records of any kind of which you are aware which deal with the medical treatment or examinations furnished to the plaintiff at any time, whether by you or another person or persons.
22. Please state whether any claim for medical malpractice has ever been made against you alleging facts relating to the same or similar subject matter as this lawsuit, and, if so, state as to each such claim the names of the parties, the claim number, the date of the alleged incident, the ultimate disposition of the claim, and the name of your attorney, if any.
FORM 5. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO PLAINTIFF
(These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.)
23. At the time of the incident described in the complaint, were you wearing a seat belt? If not, please state why not; where you were seated in the vehicle; and whether the vehicle was equipped with a seat belt that was operational and available for your use.
24. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the
April 1, 2026 Florida Rules of Civil Procedure 336 incident? If so, describe the nature of the defect and how it contributed to the incident.
FORM 6. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO DEFENDANT
(These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Defendant.)
16. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner?
17. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness?
18. Did you consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them.
19. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the incident? If so, describe the nature of the defect and how it contributed to the incident.
20. List the name and address of all persons, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint; and describe both the nature of the ownership interest or right to control the vehicle, and the vehicle itself, including the make, model, year, and vehicle identification number.
21. At the time of the incident described in the complaint, did the driver of the vehicle described in your answer to the preceding interrogatory have permission to drive the vehicle? If so, state the names and addresses of all persons who have such permission.
22. At the time of the incident described in the complaint, was the defendant driver engaged in any mission or activity for any other person or entity, including any employer? If so, state the name and address of that person or entity and the nature of the mission or activity.
23. Was the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint damaged in the incident, and, if so, what was the cost to repair the damage?
April 1, 2026 Florida Rules of Civil Procedure 337 APPENDIX II
STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS IN CIVIL ACTIONS
Purpose and Application. These guidelines are advisory only. The taxation of costs in any particular proceeding is within the broad discretion of the trial court. The trial court should exercise that discretion in a manner that is consistent with the policy of reducing the overall costs of litigation and of keeping such costs as low as justice will permit. With this goal in mind, the trial court should consider and reward utilization of innovative technologies by a party which subsequently minimizes costs and reduce the award when use of innovation technologies that were not used would have resulted in lowering costs. In addition, these guidelines are not intended to (1) limit the amount of costs recoverable under a contract or statute, or (2) prejudice the rights of any litigant objecting to an assessment of costs on the basis that the assessment is contrary to applicable substantive law.
Burden of Proof. Under these guidelines, it is the burden of the moving party to show that all requested costs were reasonably necessary either to defend or prosecute the case at the time the activity precipitating the cost was undertaken.
I. Litigation Costs That Should Be Taxed.
A. Depositions
1. The original and one copy of the deposition and court reporter’s per diem for all depositions.
2. The original and/or one copy of the electronic deposition, including audiovisually recorded depositions, and the cost of the services of a technician for electronic depositions used at trial.
3. Telephone toll and electronic conferencing charges for the conduct of telephone and electronic depositions.
B. Documents and Exhibits
1. The costs of copies of documents filed (in lieu of “actually cited”) with the court, which are reasonably necessary to assist the court in reaching a conclusion.
2. The costs of copies obtained in discovery, even if the copies were not used at trial.
C. Expert Witnesses
April 1, 2026 Florida Rules of Civil Procedure 338 1. A reasonable fee for deposition and/or court testimony, and the costs of preparation of any court ordered report.
D. Witnesses
1. Costs of subpoena, witness fee, and service of witnesses for deposition and/or trial.
E. Court Reporting Costs Other than for Depositions
1. Reasonable court reporter’s per diem for the reporting of evidentiary hearings, trial and post-trial hearings.
F. Reasonable Charges Incurred for Requiring Special Magistrates, Guardians Ad Litem, and Attorneys Ad Litem
G. Filing Fees and Service of Process Fees.
II. Litigation Costs That May Be Taxed as Costs.
A. Mediation/Nonbinding Arbitration Fees and Expenses
1. Costs of mediation, including mediator fees.
2. Costs of court-ordered nonbinding arbitration, including arbitrator fees.
B. Reasonable Travel Expenses
1. Reasonable travel expenses of expert when traveling in excess of 100 miles from the expert’s principal place of business (not to include the expert’s time).
2. Reasonable travel expenses of witnesses.
C. Electronic Discovery Expenses
1. The cost of producing copies of relevant electronic media in response to a discovery request.
2. The cost of converting electronically stored information to a reasonably usable format in response to a discovery request that seeks production in such format.
D. Testifying Expert Witnesses.
1. A reasonable fee for conducting examinations, investigations, tests, and research and preparing reports.
April 1, 2026 Florida Rules of Civil Procedure 339 2. A reasonable fee for testimony at court-ordered nonbinding arbitration.
3. A reasonable fee for preparing for deposition, court-ordered nonbinding arbitration, and/or court testimony.
III. Litigation Costs That Should Not Be Taxed as Costs.
A. The Cost of Long Distance Telephone Calls with Witnesses, both Expert and Non-Expert (including conferences concerning scheduling of depositions or requesting witnesses to attend trial)
B. Any Expenses Relating to Consulting But Non-Testifying Experts
C. Cost Incurred in Connection with Any Matter Which Was Not Reasonably Calculated to Lead to the Discovery of Admissible Evidence
D. Travel Time
1. Travel time of attorney(s).
2. Travel time of expert(s).
E. Travel Expenses of Attorney(s)
F. The Cost of Privilege Review of Documents, including Electronically Stored Information.
April 1, 2026 Florida Rules of Civil Procedure 340
Plain-English Breakdown
Practitioner notes by John M. Phillips, Board Certified Civil Trial Lawyer — coming soon. Watch the video at the top of this page for the plain-English breakdown.
Rule Text (Verbatim)
The text below is mirrored verbatim from the Florida Bar’s official publication. Public domain.
(a) Process. The following forms of process, notice of lis pendens, and notice of action are sufficient. Variations from the forms do not void process or notices that are otherwise sufficient. (b) Other Forms. The other forms are sufficient for the matters that are covered by them. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case. (c) Formal Matters. Captions, except for the designation of the document, are omitted from the forms. A general form of
caption is the first form. Signatures are omitted from pleadings and motions.
FORM 1.901. CAPTION (a) General Form (name of court) A.B., ) Plaintiff, ) ) -vs- ) No. ………. C.D., ) Defendant ) ) (designation of pleading) (b) Petition. (name of court) In re the Petition ) A.B for (type of ) No. ………. relief) ) PETITION FOR (type of relief) (c) In rem proceedings. (name of court) In re (name of general ) description of property) ) No. ………. (designation of pleading) (d) Forfeiture proceedings. (name of court) In re (name or general ) description of property) ) No. ……….
Committee Notes
View Committee Notes (legislative history)
1980 Amendment. Subdivision (b) is added to show the form of caption for a petition.
2010 Amendment. Subdivision (c) and (d) are added to show the form of caption for in rem proceedings, including in rem forfeiture proceedings. FORM 1.902. SUMMONS (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 action on defendant ……….. Each defendant is required to serve written defenses to the complaint or petition on ………., plaintiff’s attorney, whose address is ………., within 20 days1 after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff’s attorney or immediately after service. A defendant may either file the response electronically by using the Florida Courts E-filing Portal (MyFLCourtAccess.com), or by filing the written response with the clerk of court. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. DATED on ………. (Name of Clerk) As Clerk of the Court By . As Deputy Clerk (b) Form for Personal Service on Natural Person. SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: 1 Except when suit is brought under section 768.28, Florida Statutes, if the State of Florida, one of its agencies, or one of its officials or employees sued in the official’s or employee’s official capacity is a defendant, the time to be inserted as to it is 40 days. When suit is brought under section 768.28, Florida Statutes, the time to be inserted is 30 days.
YOU ARE COMMANDED to serve this summons and a copy of the complaint in this lawsuit on defendant ……….. DATED on ……….. CLERK OF THE CIRCUIT COURT (SEAL) (Name of Clerk) As Clerk of the Court By . As Deputy Clerk IMPORTANT 1. A lawsuit has been filed against you. 2. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. If you choose to file a written response yourself, you may either file the response electronically by using the Florida Courts E-filing Portal (MyFLCourtAccess.com) or by filing the written response with the clerk of court. 3. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. 4. If you do not file your response on time, you may lose the case, and your wages, money, and property may be taken without further warning from the court. There may be other legal requirements. 5. You may want to call an attorney right away. If you do not know an attorney, you can contact the Lawyer Referral Service listed on The Florida Bar’s website (floridabar.org). If you cannot afford a lawyer, you may be eligible for free legal aid. You can locate legal aid programs by searching for “legal aid” on The Florida Bar’s website. 6. If you file your written response directly with the clerk of court, you must also send a copy of your written response to the “Plaintiff/Plaintiff’s Attorney” named below. 7. You must include an e-mail address in your written response, unless the clerk excuses you from electronic service under Florida Rule of General Practice and Judicial Administration 2.516. A party not represented by
an attorney may be excused from e-mail service by filing Florida Rule of General Practice and Judicial Administration form 2.601 with the clerk. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Plaintiff/Plaintiff’s Attorney Attorney’s Name: ………. Address: ………. Telephone Number: ………. E-mail Address: ………. Florida Bar No. ………. (c) Forms for Service by Mail; Registered Mail. (1) Notice of Lawsuit and Request for Waiver of Service of Process. NOTICE OF COMMENCEMENT OF ACTION TO: (Name of defendant or defendant’s representative) A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. The complaint has been filed in the (Circuit or County) Court for the ………. and has been assigned case no. ………. This is not a formal summons or notification from the court, but is rather my request that you sign the enclosed waiver of service of process form in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within 20 days (30 days if you do not reside in the United States) after the date you receive this notice and request for waiver. I have enclosed a stamped self-addressed envelope for your use. An extra copy of the notice and request, including the waiver, is also attached for your records. If you comply with this request and return the signed waiver, it will be filed with the court and no summons will be served on you. The lawsuit will then proceed as if you had been served on the date the waiver is filed, except
that you will not be obligated to respond to the complaint until 60 days after the date on which you received the notice and request for waiver. If I do not receive the signed waiver within 20 days from the date you received the notice and the waiver of service of process form, formal service of process may be initiated in a manner authorized by the Florida Rules of Civil Procedure. You (or the party on whose behalf you are addressed) will be required to pay the full cost of such service unless good cause is shown for the failure to return the waiver of service. I hereby certify that this notice of lawsuit and request for waiver of service of process has been sent to you on behalf of the plaintiff on …..(date)…… Plaintiff’s Attorney or Unrepresented Plaintiff (2) Waiver of Service of Process. WAIVER OF SERVICE OF PROCESS TO: (Name of plaintiff’s attorney or unrepresented plaintiff) I acknowledge receipt of your request that I waive service of process in the lawsuit of ……… v. ……… in the ……… Court in ……… I have also received a copy of the complaint, 2 copies of this waiver, and a means by which I can return the signed waiver to you without cost to me. I agree to save the cost of service of process and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by Florida Rule of Civil Procedure 1.070. If I am not the defendant to whom the notice of lawsuit and waiver of service of process was sent, I declare that my relationship to the entity or person to whom the notice was sent and my authority to accept service on behalf of such person or entity is as follows: (describe relationship to person or entity and authority to accept service) I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for any objections based on a defect in the summons or in the service of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if a written response is not served on you within 60 days from the date I received the notice of lawsuit and request for waiver of service of process. DATED on ……………. Defendant or Defendant’s Representative Committee Notes 1988 Amendment. Two forms are now provided: 1 for personal service on natural persons and 1 for other service by summons. The new form for personal service on natural persons is included to ensure awareness by defendants or respondents of their obligations to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes. The former, general summons form is to be used for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state. The form for personal service on natural persons contains Spanish and French versions of the English text to ensure effective notice on all Floridians. In the event of space problems in the summons form, the committee recommends that the non-English portions be placed on the reverse side of the summons. 1992 Amendment. (b): The title is amended to eliminate confusion by the sheriffs in effecting service. 1996 Amendment. Form 1.902(c) was added for use with rule 1.070(i).
2007 Amendment. Subdivision (a) is amended to conform form 1.902 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The form is similar to Federal Rule of Civil Procedure Form 1. FORM 1.903. CROSSCLAIM SUMMONS CROSSCLAIM SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the crossclaim in this action on defendant ………. Each crossclaim defendant is required to serve written defenses to the crossclaim on ………., defendant’s attorney, whose address is ………., and on ………., plaintiff’s attorney, whose address is………., within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a crossclaim defendant fails to do so, a default will be entered against that defendant for the relief demanded in the crossclaim. DATED on: ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk FORM 1.904. THIRD-PARTY SUMMONS THIRD-PARTY SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the third- party complaint or petition in this action on third-party defendant, ………. Each third-party defendant is required to serve written defenses to the third-party complaint or petition on ……….., plaintiff’s attorney, whose address is ………., and on ………., defendant’s attorney, whose address is ………., within 20 days after service of this summons on that defendant, exclusive of the date of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a third-
party defendant fails to do so, a default will be entered against that defendant for the relief demanded in the third-party complaint or petition. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk FORM 1.905. ATTACHMENT WRIT OF ATTACHMENT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to attach and take into custody so much of the lands, tenements, goods, and chattels of defendant, ………., as is sufficient to satisfy the sum of $……….and costs. ORDERED at ………., Florida, on …..(date)…… Judge Committee Notes 1980 Amendment. The direction is modernized and the combination with the summons deleted. A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979). FORM 1.906. ATTACHMENT — FORECLOSURE WRIT OF ATTACHMENT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to take and hold the following described property: (describe property) or so much of it as can be found sufficient to satisfy the debt to be foreclosed.
ORDERED at ……………….., Florida, on …..(date)…… Judge Committee Notes 1980 Amendment. The direction is modernized and the combination with the summons deleted. A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979). FORM 1.907. GARNISHMENT (a) Writ of Garnishment. WRIT OF GARNISHMENT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to summon the garnishee, ………. to serve an answer to this writ on ………., plaintiff’s attorney, whose address is , ………. within 20 days after service on the garnishee, exclusive of the day of service, and to file the original with the clerk of this court either before service on the attorney or immediately thereafter, stating whether the garnishee is indebted to defendant, ………., at the time of the answer or was indebted at the time of service of the writ, or at any time between such times, and in what sum and what tangible and intangible personal property of the defendant the garnishee is in possession or control of at the time of the answer or had at the time of service of this writ, or at any time between such times, and whether the garnishee knows of any other person indebted to the defendant or who may be in possession or control of any of the property of the defendant. The amount set in plaintiff’s motion is $………. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk (b) Continuing Writ of Garnishment against Salary or Wages. CONTINUING WRIT OF GARNISHMENT AGAINST SALARY OR WAGES
THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to summon the garnishee, ………., whose address is ………., who is required to serve an answer to this writ on ………., plaintiff’s attorney, whose address is ……….,, within 20 days after service of this writ, exclusive of the day of service, and to file the original with the clerk of court either before service on the attorney or immediately thereafter. The answer shall state whether the garnishee is the employer of the defendant,………. and whether the garnishee is indebted to the defendant by reason of salary or wages. The garnishee’s answer shall specify the periods of payment (for example, weekly, biweekly, or monthly) and amount of salary or wages and be based on the defendant’s earnings for the pay period during which this writ is served on the garnishee. During each pay period, a portion of the defendant’s salary or wages as it becomes due shall be held and not disposed of or transferred until further order of this court. The amount of salary or wages to be withheld for each pay period shall be made in accordance with the following paragraph. This writ shall continue until the plaintiff’s judgment is paid in full or until otherwise provided by court order. Federal law (15 U.S.C. §§1671–1673) limits the amount to be withheld from salary or wages to no more than 25% of any individual defendant’s disposable earnings (the part of earnings remaining after the deduction of any amounts required by law to be deducted) for any pay period or to no more than the amount by which the individual’s disposable earnings for the pay period exceed 30 times the federal minimum hourly wage, whichever is less. For administrative costs, the garnishee may collect $………. against the salary or wages of the defendant for the first deduction and $………. for each deduction thereafter. The total amount of the final judgment outstanding as set out in the plaintiff’s motion is $……….. FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL AMOUNT OF $………. ORDERED at ……….,, Florida, on …..(date)…… (Name of Clerk) As Clerk of the Court By As Deputy Clerk
Committee Notes 1992 Amendment. This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment. The following was adopted as a committee note, with no changes to the text of the forms: Both forms 1.907(a) and (b) are for use after judgment has been entered against a defendant. If a plaintiff seeks a writ of garnishment before judgment is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 and 77.07, Florida Statutes, must be included in the writ and served on the defendant. FORM 1.908. WRIT OF REPLEVIN WRIT OF REPLEVIN THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant, ………., described as follows: (describe property) and to dispose of it according to law. Dated on………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1980 Amendment. The form is amended in accordance with the statutory changes as a result of Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972). The sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13, Florida Statutes (1979). The former apparently contemplates that the sheriff will hold the property for 5 days within which the bond can be posted, while the latter retains the old 3-day time period. 1996 Amendment. This amendment only changes the name of the form. FORM 1.909. DISTRESS DISTRESS WRIT
THE STATE OF FLORIDA: To the Sheriff of ………. County, Florida: YOU ARE COMMANDED to serve this writ and a copy of the complaint on defendant ………. This distress writ subjects all property liable to distress for rent on the following property in ………. County, Florida: (describe property) Each defendant is enjoined from damaging, disposing of, secreting, or removing any property liable to be distrained from the rented real property after the time of service of this writ until the sheriff levies on the property or this writ is vacated or the court otherwise orders. If a defendant does not move for dissolution of the writ, the court may order the sheriff to levy on the property liable to distress forthwith after 20 days from the time the complaint in this action is served. The amount claimed in the complaint is the sum of $………. with interest and costs. DATED on ………. Judge Committee Notes 1980 Amendment. This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome the unconstitutionality of distress proceedings. See Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla. 1977). Because the revision is substantial, no struck-through or underscored type is indicated. FORM 1.910. SUBPOENA FOR TRIAL (a) For Issuance by Clerk. SUBPOENA THE STATE OF FLORIDA: TO ……….: YOU ARE COMMANDED to appear before the Honorable ………., Judge of the Court, at the ………. County Courthouse in ………., Florida, on ………., at ………. (a.m./p.m.), to testify in this action. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ……………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before the Honorable . ………. Judge of the Court, at the ……….County Courthouse in………., Florida, on …..(date)….., at ……(a.m./p.m.), to testify in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on ……………. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Committee Notes 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to comply with amendments to Fla. R. Jud. Admin. 2.540. FORM 1.911. SUBPOENA DUCES TECUM FOR TRIAL (a) For Issuance by Clerk. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before the Honorable ………. Judge of the Court, at the ………. County Courthouse in ………., Florida, on …..(date)….., at ……(a.m./p.m.), to testify in this action and to have with you at
that time and place the following: ………. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ……………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before the Honorable ………., Judge of the Court, at the ………. County Courthouse in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), to testify in this action and to have with
you at that time and place the following: ……….. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Committee Notes 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to comply with amendments to Fla. R. Jud. Admin. 2.540. FORM 1.912. SUBPOENA FOR DEPOSITION (a) For Issuance by Clerk. SUBPOENA FOR DEPOSITION
THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA FOR DEPOSITION
THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Committee Notes 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings. FORM 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION (a) For Issuance by Clerk. SUBPOENA DUCES TECUM FOR DEPOSITION THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action and to have with you at that time and place the following: ……….. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify
attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action and to have with you at that time and place the following: ……….. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call 711. Committee Notes 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings. FORM 1.914(a). EXECUTION EXECUTION THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to levy on the property subject to execution of ………. in the sum of $………. with interest at ……….% a year from …..(date)….., until paid and to have this writ before the court when satisfied. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979). FORM 1.914(b). NOTICE TO APPEAR NOTICE TO APPEAR TO …..(name of third party)….. YOU ARE NOTIFIED that, pursuant to section 56.29, Florida Statutes, proceedings supplementary to satisfy a judgment by application of the following:…..(identify the property, debt, or other obligation due to the judgment debtor)….. in ……….County, Florida have been initiated against you by …..(name of judgment creditor)…… You are required to serve an affidavit …..date….. stating that the [property] [debt] [other obligation] belongs to you.
The affidavit must include any fact or legal defense opposing the application of the [property] [debt] [other obligation] toward the satisfaction of the judgment on …..(name of the judgment creditor, or its attorney, and his/her/its address)……You must file the original affidavit with the clerk of this court either before service on the judgment creditor or immediately thereafter. Legal defenses need not be filed under oath but must be served contemporaneously with the affidavit. If any of your property has been levied on and you choose to oppose the application of the property to be applied toward the satisfaction of the judgment, then you must furnish a bond with surety to be approved by the officer in favor of the judgment creditor. The amount of the bond must be double the value of the goods claimed as the value is fixed by the officer and conditioned to deliver said property on demand of said officer if it is adjudged to be the property of the judgment debtor and to pay the judgment creditor all damages found against you if it appears that the claim was interposed for the purpose of delay. YOU HAVE A RIGHT TO A TRIAL BY JURY TO DETERMINE THE RIGHT TO THE [PROPERTY, DEBT OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTOR]. YOU ARE ENTITLED TO DISCOVERY UNDER THE FLORIDA RULES OF CIVIL PROCEDURE. IF THE COURT OR JURY DETERMINES THAT THE [PROPERTY] [DEBT] [OTHER OBLIGATION] BELONGS TO THE JUDGMENT DEBTOR AND IS SUBJECT TO APPLICATION TOWARD THE SATISFACTION OF ITS JUDGMENT, THEN YOU MAY BE ORDERED TO …..(PAY DAMAGES TO THE JUDGMENT CREDITOR OR SURRENDER THE PROPERTY OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTOR TO THE JUDGMENT CREDITOR)…… ORDERED at ………., Florida, on….. (date) ….. ______________________ Judge FORM 1.914(c). AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR BEFORE ME, the undersigned authority, appeared…..(name of claimant or claimant’s agent)….., who, after being first duly sworn, deposes and states, under penalty of perjury: 1. I am the ……..(claimant, or identify relationship to claimant)…… 2. I (or claimant) was served with a Notice to Appear on…..(date)……
3. I (or claimant) own(s) and am/is entitled to possession of…..(describe the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear)..… 4. This property should not be applied to satisfy the judgment because…..(state all reasons why the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear should not be applied to satisfy the judgment)…… 5. (Select a or b) a. I (or claimant) request(s) a trial by jury on all issues so triable. b. I (or claimant) request(s) a non-jury trial on all issues. FURTHER AFFIANT SAYETH NAUGHT. Dated: Signature of Affiant Printed Name:______________________ STATE OF ________________________________ COUNTY OF ______________________________ Sworn to or affirmed and signed before me on this ___ day of ____________________, 20___ by (name of affiant)_________________________, who is personally known to me or who has produced _____________________, as identification and who did take an oath. NOTARY PUBLIC, STATE OF …..(Print, Type or Stamp Commissioned Name of Notary Public) ….. Committee Notes 1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979). 2018 Adoption. Form 1.914(c) is used by a claimant to respond to a Notice to Appear under section 56.29(2), Florida Statutes. Legal defenses need not be filed under oath, but must be served contemporaneously with the
affidavit. If the claimant’s property has already been levied upon, he or she may obtain possession of the property by filing with the officer having the execution a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in section 56.16, Florida Statutes. FORM 1.915. WRIT OF POSSESSION WRIT OF POSSESSION THE STATE OF FLORIDA: To the Sheriff of ………. County, Florida: YOU ARE COMMANDED to remove all persons from the following described property in ………. County, Florida: (describe property) and to put ……….. in possession of it. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1973 Amendment. The form is changed to make the direction conform to the statutory requirement in section 48.011, Florida Statutes. 1980 Amendment. The direction on this form is changed to the sheriff of the county where the property is located, and the conclusion is modernized. FORM 1.916. REPLEVIN ORDER TO SHOW CAUSE ORDER TO SHOW CAUSE THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this order on defendant, ………., by personal service as provided by law, if possible, or, if you are unable to personally serve defendant within the time specified, by placing a copy of this order with a copy of the summons on the claimed property located at ………., Florida, at least 5 days before the hearing scheduled below, excluding the day of service and intermediate Saturdays, Sundays, and legal holidays.
Nonpersonal service as provided in this order shall be effective to afford notice to defendant of this order, but for no other purpose. Defendant shall show cause before the Honorable ………., on …..(date)….., at ……m. in the ……….. County Courthouse in ………., Florida, why the property claimed by plaintiff in the complaint filed in this action should not be taken from the possession of defendant and delivered to plaintiff. Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described in the complaint pending final adjudication of the claims of the parties, file with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property to stay an order authorizing the delivery of the property to plaintiff. If defendant fails to appear as ordered, defendant shall be deemed to have waived the right to a hearing. The court may thereupon order the clerk to issue a writ of replevin. ORDERED at ……….., Florida, on …..(date)…… Judge Committee Notes 1980 Adoption. Former form 1.916 is repealed because of the consolidation of writs of assistance with writs of possession. The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). 1996 Amendment. This form is amended to provide for service at least 5 days before the show cause hearing, rather than by a specified date. FORM 1.917. NE EXEAT WRIT OF NE EXEAT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to detain the defendant, ………. and to require the defendant to give bond in the sum of $………. payable to the Governor of Florida and the Governor’s successors in office conditioned that the defendant will answer plaintiff’s pleading in this action and will not depart from the state without leave of court and will comply with the lawful orders of this court, with
sureties to be approved by the clerk of this court. If the defendant does not give the bond, the defendant shall be taken into custody and be confined in the ………. County jail until the defendant gives the bond or until further order of this court. If the defendant does not give the bond, the defendant shall be brought before a judge of this court within 24 hours of confinement. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1976 Amendment. See 1976 Op. Att’y Gen. Fla. 076-13 (Jan. 23, 1976). FORM 1.918. LIS PENDENS NOTICE OF LIS PENDENS TO DEFENDANT(S) ………., AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED OF THE FOLLOWING: (a) The plaintiff has instituted this action against you seeking (“to foreclose a mortgage” or “to partition” or “to quiet title” or other type of action) with respect to the property described below. (b) The plaintiff(s) in this action is/are: (1) ………. (2) ………. (c) The date of the institution of this action is ………. OR: the date on the clerk’s electronic receipt for the action’s filing is ………. OR: the case number of the action is as shown in the caption. (d) The property that is the subject matter of this action is in ………. County, Florida, and is described as follows: (legal description of property) DATED ON …………….. …..(Name of Attorney)….. Attorney for …..(Name of Client)…..
…..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. NOTE: This form is not to be recorded without the clerk’s case number. Committee Notes 2009 Amendment. This form was substantially rewritten due to the amendments to section 48.23, Florida Statutes (2009). Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, the date of the clerk’s electronic receipt, or the case number. If the case number is used to satisfy the requirements of section 48.23, it should be inserted in the case caption of the notice. FORM 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO PROPERTY NOTICE OF ACTION TO ………. YOU ARE NOTIFIED that an action for (“construction of a will” or “re- establishment of a lost deed” or other type of action) has been filed against you and you are required to serve a copy of your written defenses, if any, to it on ………., the plaintiff’s attorney, whose address is ………., on or before …..(date)….., and file the original with the clerk of this court either before service on the plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979).
FORM 1.920. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — PROPERTY NOTICE OF ACTION TO ………. YOU ARE NOTIFIED that an action to (“enforce a lien on” or “foreclose a mortgage on” or “quiet title to” or “partition” or other type of action) the following property in………. County, Florida: (describe property) has been filed against you and you are required to serve a copy of your written defenses, if any, to it on ………., the plaintiff’s attorney, whose address is ………., on or before …..(date)….., and file the original with the clerk of this court either before service on the plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979). FORM 1.921. NOTICE OF PRODUCTION FROM NONPARTY NOTICE OF PRODUCTION To ……….: YOU ARE NOTIFIED that after 10 days from the date of service of this notice, if service is by delivery, or 15 days from the date of service, if service is by mail, and if no objection is received from any party, the undersigned will issue or apply to the clerk of this court for issuance of the attached subpoena directed to ………., who is not a party and whose address is ………., to produce the items listed at the time and place specified in the subpoena. DATED on ………. …..(Name of Attorney)….. Attorney for …..(Name of Client)…..
…..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. NOTE: This form of notice is for use with rule 1.351. A copy of the subpoena must be attached to this form for it to comply with the rule. Committee Notes 1980 Adoption. This form is new. 1996 Amendment. This form was amended to comply with amendments to rules 1.351 and 1.410.
FORM 1.922. SUBPOENA DUCES TECUM WITHOUT DEPOSITION (a) When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Clerk. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear at ………. in ………. Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ………. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)…..
…..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) When Witness Must Appear and Produce the Records; Issuance by Clerk. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ……….: YOU ARE COMMANDED to appear at ………. in ………., Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ……….. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear or furnish the records at the time and place specified instead of appearing; or (2) object to this subpoena, you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena, and unless excused from this subpoena by the attorney or the court, you must respond to this subpoena as directed. DATED on ……….. (Name of Clerk) As Clerk of the Court By As Deputy Clerk
…..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (c) When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Attorney of Record. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ……….: YOU ARE COMMANDED to appear at ………. in ………., Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ……….. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ……….. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (d) When Witness Must Appear and Produce the Records; Issuance by Attorney of Record. THE STATE OF FLORIDA: TO ……….: YOU ARE COMMANDED to appear at ………. in ………., Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ……….. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear or furnish the records at the time and place specified instead of appearing; or (2) object to this subpoena,
you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena, and unless excused from this subpoena by the attorney or the court, you must respond to this subpoena as directed. DATED on ……….. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. NOTE: These forms are to be used for production of documents under rule 1.351. 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 to be issued by the clerk. Form (c) 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 an attorney of record. Form (d) is used when the records must be produced at the time and place specified in the subpoena and the subpoena is to be issued by an attorney of record. Committee Notes 1980 Adoption. This form is new. 1996 Amendment. Forms (a) and (b) were amended and forms (c) and (d) were added to comply with amendments to rules 1.351 and 1.410. 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.
FORM 1.923(a). EVICTION SUMMONS—RESIDENTIAL TO: …..(insert name, address, and phone number of tenant)…… PLEASE READ CAREFULLY You are being sued by …..(insert landlord’s name)….. to require you to move out of the property located at for the reasons given in the attached complaint. You are entitled to a trial to decide whether you can be required to move, but you MUST do ALL of the things listed below. You must do them within 5 days (not including Saturdays, Sundays, or legal holidays) after the date these papers were given to you or to a person who lives with you or were posted at your home. THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS FOLLOWS: 1. Write down the reason(s) why you think you should not be forced to move. (You may use Florida Supreme Court Form 1.947(b), Answer— Residential Eviction, to do this.) The written reason(s) must be given to the clerk of the court at …..(insert address of courthouse)…… 2. Mail or take a copy of your written reason(s) to: …..(insert landlord’s name and address)…… 3. Pay the clerk of court the rent that is due. You MUST pay the clerk of the court the rent each time it becomes due until the lawsuit is over. Whether you win or lose the lawsuit, the judge may release this rent to the landlord. [By statute, public housing tenants or tenants receiving rent subsidies must be required to pay only that portion of the full rent for which the tenant is responsible under the federal, state, or local program in which they are participating.] 4. If you and the landlord do not agree on the amount of rent owed, you must file a written request (motion) that asks the judge to decide how much money you must pay to the clerk of the court. The written request must be filed with your answer to the eviction complaint. A copy of your motion must also be mailed or hand delivered to the plaintiff(s) attorney, or if the plaintiff(s) has no attorney, to the plaintiff. IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5 DAYS (NOT INCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR
COURTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER NOTICE. You may want to call a lawyer right away. If you do not know a lawyer, you can contact the Lawyer Referral Service on The Florida Bar’s website. If you cannot afford a lawyer, you may be eligible for free legal aid. You can locate legal aid programs by searching for “legal aid” on The Florida Bar’s website. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. THE STATE OF FLORIDA: TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the complaint in this lawsuit on the above-named defendant. DATED on the day of , 20 . Clerk of the Court By: Deputy Clerk Clerk’s Address: Telephone No. CITATORIO DE DESALOJO—RESIDENCIAL DESTINATARIO: …..(Ponga el nombre, la dirección y el número de teléfono del inquilino )…… POR FAVOR LEA ATENTAMENTE Usted ha sido demandado por ….(ponga el nombre del arrendador)….. para exigirle que desaloje la propiedad localizado en por las razones que se muestran en la demanda querella adjunta. Usted tiene el derecho a un juicio para determinar si se le puede exigir que desaloje, pero DEBE cumplir con TODAS las acciones que se indican a continuación, las cuales tienen que hacerse dentro de los 5 días hábiles (es decir, sin incluir sábados, domingos ni días feriados) siguientes a la fecha en
que la presente documentación le haya sido entregada a usted, o a una persona que viva con usted, o haya sido posteada en su domicilio. LAS ACCIONES QUE DEBE HACER PARA CUESTIONAR EL DESALOJO SON LAS SIGUIENTES: 1. Indique por escrito la razón(es) por las que considera que no se le debe obligar a mudarse (para eso, usted puede usar el Formulario 1.947(b) de la Corte Suprema de la Florida [Florida Supreme Court], “Answer—Residential Eviction”). La presentación de la razón(es) por escrito debe ser entregada al secretario del tribunal en …..(Ponga la dirección del tribunal)…… 2. Envíe por correo postal o entregue una copia de sus razones por escrito a: …..(Ponga el nombre y dirección del arrendador)…… 3. Haga el pago del alquiler que se debe al secretario de la corte. Usted DEBE pagar el alquiler al secretario de la corte cada vez que haya que pagarlo, hasta que concluya el proceso judicial. Independientemente de si gana o pierde la demanda, el juez puede entregar este pago del alquiler al arrendador. [Según la ley, los inquilinos de viviendas públicas o quienes reciben subsidios de alquiler deben pagar únicamente la parte por la que son responsables con respecto al monto total del alquiler según el programa federal, estatal o local del que son participantes]. 4. Si usted y el arrendador no llegan a un acuerdo respecto al monto del alquiler adeudado, usted deberá presentar una solicitud por escrito (una petición) para que el juez determine cuánto debe pagar al secretario del tribunal. La solicitud por escrito debe ser presentada junto con su respuesta a la demanda de desalojo. Una copia de su petición también deberá ser enviada por correo postal o entregada personalmente al abogado del demandante, o si el demandante no tiene abogado, al demandante mismo. SI NO CUMPLE CON TODOS ESTOS REQUISITOS DENTRO DE LOS 5 DÍAS HÁBILES (SIN CONTAR SÁBADOS, DOMINGOS NI FERIADOS OFICIALES SEGÚN EL HORARIO DE ATENCIÓN SU TRIBUNAL), USTED PODRÍA SER DESALOJADO SIN QUE SE HAGA UNA AUDIENCIA NI SE LE DÉ PREVIO AVISO. Sería recomendable que consulte a un abogado de inmediato. Si no cuenta con un abogado, puede contactar al Servicio de Consulta o Referencia Legal [Lawyer Referral Service] en el sitio web del Colegio de Abogados de la Florida [The Florida Bar.] Si no tiene el dinero necesario para contratar un
abogado, usted podría ser elegible para recibir asesoría jurídica gratuita. Puede encontrar programas de ayuda legal buscando “asistencia legal” [‘legal aid’] en el sitio web del Colegio de Abogados de la Florida [The Florida Bar.] Si usted tiene una discapacidad y requiere alguna adaptación especial o servicio de apoyo para participar en este procedimiento, tiene derecho a recibir asistencia gratuita. Por favor contacte a [identifique el personal del tribunal que corresponda incluyendo el nombre, dirección y número de teléfono], por lo menos 7 días antes de su comparecencia programada ante el tribunal, o inmediatamente después de recibir esta notificación si el plazo antes de la comparecencia es menor de 7 días; o si tiene discapacidad auditiva o del habla, llame al 711. ESTADO DE LA FLORIDA [THE STATE OF FLORIDA:] A CADA ALGUACIL DEL ESTADO [SHERIFF OF THE STATE:] Se le ordena que haga entrega oficial de este citatorio, así como de una copia de la demanda que hace parte de este proceso judicial, al demandado mencionado anteriormente. CON FECHA DEL día del mes de del 20 . Secretario(a) del Tribunal Firmado por: Secretario(a) Auxiliar Dirección del Secretario(a) del Tribunal: No. de Teléfono ASSIGNATION EN EXPULSION—RÉSIDENTIEL À: …..(insérer le nom, l’adresse et le numéro de téléphone du locataire)……. VEUILLEZ LIRE ATTENTIVEMENT Vous êtes poursuivi par …..(insérer le nom du propriétaire)….. pour vous obliger à quitter la propriété située à pour les raisons indiquées dans la plainte ci-jointe. Vous avez le droit à un procès pour déterminer si vous pouvez être obligé de déménager, mais vous DEVEZ accomplir TOUTES les choses énumérées ci- dessous. Vous devez les réaliser dans les 5 jours (à l’exclusion des samedis, dimanches et jours fériés) suivant la date à laquelle ces documents vous ont été remis ou à une personne qui habite avec vous ou affichés à votre domicile.
POUR CONTESTER VOTRE EXPULSION, IL EST NÉCESSAIRE D’EFFECTUER LES DÉMARCHES SUIVANTES: 1. Indiquez les raisons pour lesquelles vous pensez que vous ne devriez pas être obligé de déménager. (Vous pouvez vous utiliser le formulaire 1.947(b) de la Cour Suprême de Floride [Florida Supreme Court], intitulé “Answer—Residential Eviction,” pour ce faire.) Les raisons écrites doivent être soumises au greffier du tribunal à …..(insérer l’adresse du palais de justice)…… 2. Veuillez envoyer ou remettre une copie de vos raisons écrites à: …..(insérer le nom et l’adresse du propriétaire)……. 3. Vous devez payez au greffier du tribunal le loyer dû. Vous DEVEZ payez le loyer au greffier à chaque échéance jusqu’à la conclusion du procès. Que vous gagniez ou perdiez le procès, le juge peut décider de transférer ce loyer au propriétaire. En vertu de la loi, les locataires de logements sociaux ou ceux bénéficiant d’aides au loyer ne doivent payer que la part du loyer dont ils sont responsables selon le programme fédéral, étatique ou local auquel ils participent. 4. Si vous et le propriétaire ne parvenez pas à un accord sur le montant du loyer dû, vous devez soumettre une demande écrite (motion) au juge pour qu’il détermine le montant à verser au greffier. Cette demande écrite doit être déposée avec votre réponse à la plainte d’expulsion. Une copie de votre requête doit également être envoyée par courrier ou remise en main propre à l’avocat du plaignant, ou, si le plaignant n’a pas d’avocat, directement au plaignant. SI VOUS NE RÉALISEZ PAS TOUTES CES CHOSES DANS UN DÉLAI DE 5 JOURS (HORS SAMEDIS, DIMANCHES ET JOURS FÉRIÉS POUR VOTRE TRIBUNAL), VOUS RISQUEZ D’ÊTRE EXPULSÉ SANS AUDIENCE NI PRÉAVIS SUPPLÉMENTAIRE. Il est conseillé de joindre un avocat immédiatement. Si vous ne connaissez pas d’avocat, vous pouvez contacter le service de référence aux avocats sur le site Web du Florida Bar [The Florida Bar]. Si vos moyens financiers sont limités, vous pourriez avoir droit à une aide juridique gratuite. Vous pouvez trouver des programmes d’aide juridique en effectuant une recherche pour “aide juridique” [‘legal aid’] sur le site de de sur le site Web du Florida Bar [The Florida Bar].
Si vous êtes une personne handicapée nécessitant des aménagements pour participer à cette procédure, vous avez droit, sans frais, à certaines formes d’assistance. Veuillez contacter [identifier le personnel judiciaire concerné par son nom, adresse et numéro de téléphone] au moins 7 jours avant votre comparution prévue au tribunal, ou immédiatement après avoir reçu cette notification si le délai avant la comparution prévue est inférieur à 7 jours; si vous avez des problèmes d’audition ou de voix, composez le 711. L’ÉTAT DE FLORIDE [THE STATE OF FLORIDA:] À CHAQUE SHÉRIF DE L’ÉTAT [SHERIFF OF THE STATE:] Vous êtes chargé de signifier cette citation et une copie de la plainte dans cette affaire au défendeur mentionné ci-dessus. DATÉ le jour de 20 . Greffier du Tribunal Par: Greffier Adjoint Adresse du Greffier: Numéro de téléphone: KONVOKASYON DEGÈPISMAN—REZIDANS A: …..(mete non, adrès, ak nimewo telefòn lokatè a)…… TANPRI LI AK ATANSYON …..(mete non mèt kay la a) ….. ap rele w lajistis pou mande w deplase soti nan kay ki nan pou rezon ki bay nan plent ki tache la a. Ou gen dwa a yon jijman pou deside si ou ka oblije kite kay la, men ou DWE fè TOUT bagay ki endike anba la a. Ou dwe fè yo nan 5 jou (sa pa enkli Samdi, Dimanch, oswa jou ferye legal) apre dat yo te ba ou papye sa yo oswa bay yon moun ki abite avèk ou oswa yo te afiche yo sou kay ou. MEN BAGAY OU DWE FÈ YO POU DEFYE DEGÈPISMAN AN: 1. Ekri rezon ( yo)ki fè w panse yo pa ta dwe fòse w soti nan kay la. (Ou ka itilize Fòm 1.947(b) Tribinal Siprèm Florid [Florida Supreme Court], Repons— Degèpisman Rezidansyèl, pou fè sa.) Ou dwe bay grefye tribinal la rezon (yo) alekri nan …..(mete adrès tribinal la) ……
2. Poste oswa pote yon kopi rezon (yo) ou ekri a (yo) bay: …..(mete non ak adrès mèt kay la)…… 3. Peye grefye tribinal la lwaye ou dwe a. Ou DWE peye grefye nan tribinal la lwaye a chak mwa lè w dwe jiskaske pwosè a fini. Kit ou genyen oswa ou pèdi pwosè a, jij la ka bay lwaye sa a bay mèt kay la. [Dapre lalwa, lokatè lojman piblik oswa lokatè k ap resevwa sibvansyon pou lwaye yo dwe oblije peye sèlman pòsyon total lwaye lokatè a responsab la dapre pwogram federal, leta oswa lokal yo ap patisipe ladann nan.] 4. Si oumenm ak mèt kay la pa dakò sou kantite lwaye ou dwe a, ou dwe depoze yon demann alekri (mosyon) ki mande jij la deside konbyen lajan ou dwe peye grefye tribinal la. Ou dwe ranpli demann alekri a ak repons ou pou plent degèpisman an. Ou dwe tou voye yon kopi mosyon w la pa lapòs oswa remèt avoka moun ki pote plent la (yo), oswa si moun ki pote plent la (yo) pa gen avoka, bay moun ki pote plent la li. SI OU PA FÈ TOUT BAGAY SA YO NAN 5 JOU (SA PA ENKLI SAMDI, DIMANCH, AK JOU FERYE LEGAL POU TRIBINAL OU A) YO KA METE W DEYÒ SAN YON ODYANS OSWA SAN OKENN LÒT AVI. Ou ka vle rele yon avoka touswit. Si w pa konnen yon avoka, ou ka kontakte Sèvis Referans Avoka [Lawyer Referral Service] sou sitwèb Bar Nan Florida [The Florida Bar]. Si ou pa kapab peye yon avoka, ou ka kalifye pou èd legal gratis. Ou ka jwenn pwogram èd legal lè w chèche “legal aid” [‘èd legal’] sou sitwèb Bar Nan Florida [The Florida Bar]. Si ou se yon moun ki gen yon andikap ki bezwen nenpòt aranjman pou patisipe nan pwosedi sa a, ou gen dwa, san okenn frè pou ou, pou w resevwa sèten asistans. Tanpri kontakte [idantifye pèsonèl tribinal ki aplikab yo pa non, adrès, ak nimewo telefòn] omwen 7 jou anvan dat tribinal la te fikse pou w te parèt la, oswa imedyatman apre w resevwa notifikasyon sa si dat pou w te parèt la pwograme pou mwens pase 7 jou. Si ou gen pwoblèm pou tande oswa pou w pale, rele 711. ETA FLORID [THE STATE OF FLORIDA]: POU CHAK CHERIF ETA A [SHERIFF OF THE STATE]: Yo ba w lòd pou w sèvi manda sa a ak yon kopi plent nan pwosè sa a bayakize ki endike anwo a.
DAT nan jou , 20 . Grefye Tribinal la Pa: Grefye Adjwen Adrès Grefye a: Nimewo telefòn: Committee Notes 1988 Adoption. This form was added to inform those sought to be evicted of the procedure they must follow to resist eviction. 1996 Amendment. This is a substantial revision of form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993. FORM 1.923(b). SUMMONS ACTION FOR BACK RENT OR OTHER DAMAGES Each defendant is further required to serve written defenses to the demand for back rent or any other damages alleged in the complaint on the above …..(insert landlord’s name and address)….. within 20 days after service of this summons on the defendant, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service on…..(insert landlord’s name)….. or thereafter. If you fail to do so, a default may be entered against the defendant for the relief demanded in that portion of the complaint. WITNESS my hand and seal of the Court this day of , 20 . (COURT SEAL) Clerk of the Court By: Deputy Clerk
FORM 1.924. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY I,(full legal name) (individually or an Employee of ), being sworn, certify that the following information is true: 1. I have made diligent search and inquiry to discover the current residence of , who is [over 18 years old] [under 18 years old] [age is unknown] (circle one). Refer to checklist below and identify all actions taken (any additional information included such as the date the action was taken and the person with whom you spoke is helpful) (attach additional sheet if necessary): [check all that apply] Inquiry of Social Security Information Telephone listings in the last known locations of defendant’s residence Statewide directory assistance search Internet people finder search {specify sites searched} Voter registration in the area where defendant was last known to reside. Nationwide Masterfile Death Search Tax Collector’s records in area where defendant was last known to reside. Tax Assessor’s records in area where defendant was last known to reside Department of Motor vehicle records in the state of defendant’s last known address Driver’s License records search in the state of defendant’s last known address. Department of Corrections records in the state of defendant’s last known address. Federal Prison records search. Regulatory agencies for professional or occupation licensing. Inquiry to determine if defendant is in military service. Last known employment of defendant. {List all additional efforts made to locate defendant} Attempts to Serve Process and Results
I inquired of the occupant of the premises whether the occupant knows the location of the borrower-defendant, with the following results: 2. current residence [check one only] a. ’s current residence is unknown to me b. ’s current residence is in some state or country other than Florida and ’s last known address is: c. The , having residence in Florida, has been absent from Florida for more than 60 days prior to the date of this affidavit, or conceal him (her) self so that process cannot be served personally upon him or her, and I believe that there is no person in the state upon whom service of process would bind this absent or concealed . I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Affiant Printed Name: Address: City, State, Zip: Phone: Telefacsimile: STATE OF COUNTY OF Sworn to or affirmed and signed before me on this day of , 20 . by .
NOTARY PUBLIC STATE OF (Print, Type, or Stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced: NOTE: This form is used to obtain constructive service on the defendant.
FORM 1.925. COMPLAINT TO QUIET TITLE COMPLAINT TO QUIET TITLE BASED ON FRAUDULENT CONVEYANCE UNDER SECTION 65.091, FLORIDA STATUTES The plaintiff(s), , sue(s) defendant(s), , defendant’s unknown spouse, heirs, devisees, grantees, judgment creditors, and all other parties claiming by, through, under, or against defendants or parties or claiming to have any right, title, or interest in the property described in this complaint, and alleges: (1) This is an action to quiet and confirm title of plaintiff in and to lands located in County, Florida. (2) Plaintiff owns the following real property: (3) Plaintiff shows entitlement to (deraigns) title as follows (must show chain of title for at least the past 7 years): Plaintiff obtained ownership by deed or instrument dated , recorded on , in official records book , page of the public records of County, Florida. The property description in that deed is as follows: (4) The deed or instrument purported to have been signed by plaintiff(s), or purporting to convey the property to defendant(s), dated , recorded , in official records book , page of the public records of County, Florida, is fraudulent.
(5) Plaintiff did not execute the deed and has not conveyed the property to any person since obtaining the conveyance(s) described in paragraph (3). (6) The deed or instrument described in paragraph (4) did not convey title to defendant because the grantor had no title, but the recording of the deed casts a cloud on plaintiff’s title. WHEREFORE, the plaintiff(s) respectfully request (requests) the court to enter an order to quiet title in and award the plaintiff(s) with the same title and rights to the land that the plaintiff enjoyed before the attempted conveyance. Date: Plaintiff Address City, State, Zip Code Phone E-mail address (Include signature for each Plaintiff) FORM 1.932. OPEN ACCOUNT COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $………. that is due with interest since …..(date)….., according to the attached account. WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the account showing items, time of accrual of each, and amount of each must be attached. FORM 1.933. ACCOUNT STATED COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Before the institution of this action plaintiff and defendant had business transactions between them. 3. (Use A or B). A. Plaintiff and defendant agreed on the balance due on …..(date)…… [OR] B. Plaintiff sent a statement to defendant on …..(date)….. and defendant failed to object within a reasonable time after receiving the statement. 4. (Use A or B). A. Defendant expressly promised to pay plaintiff the balance due. [OR] B. Defendant implicitly promised to pay plaintiff the amount set forth in the statement. Defendant has not paid plaintiff the amount owed on the account. $………., plus interest since …..(date)…… WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: Attach a copy of any accounts, statements, or other documents required to be attached or incorporated by rule 1.130. FORM 1.934. PROMISSORY NOTE COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On …..(date)….., defendant executed and delivered a promissory note, a copy being attached, to plaintiff in ……………….. County, Florida.
3. Plaintiff owns and holds the note. 4. Defendant failed to pay (use a or b) a. the note when due. b. the installment payment due on the note on …..(date)….., and plaintiff elected to accelerate payment of the balance. 5. Defendant owes plaintiff $………. that is due with interest since …..(date)….., on the note. 6. Plaintiff is obligated to pay his/her attorneys a reasonable fee for their services. WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the note must be attached. Use paragraph 4a. or b. as applicable and paragraph 6 if appropriate. Committee Notes 1980 Amendment. Paragraph 3 is added to show ownership of the note, and paragraph 4 is clarified to show that either 4a or 4b is used, but not both. FORM 1.935. GOODS SOLD COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $………. that is due with interest since …..(date)….., for the following goods sold and delivered by plaintiff to defendant between …..(date)….., and …..(date)…..: (list goods and prices) WHEREFORE plaintiff demands judgment for damages against defendant. FORM 1.936. MONEY LENT COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $………. that is due with interest since …..(date)….., for money lent by plaintiff to defendant on …..(date)…… WHEREFORE plaintiff demands judgment for damages against defendant. FORM 1.937. REPLEVIN COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action to recover possession of personal property in ……….. County, Florida. 2. The description of the property is: (list property) To the best of plaintiff’s knowledge, information, and belief, the value of the property is $……….. 3. Plaintiff is entitled to the possession of the property under a security agreement dated ………., a copy of the agreement being attached. 4. To plaintiff’s best knowledge, information, and belief, the property is located at ……….. 5. The property is wrongfully detained by defendant. Defendant came into possession of the property by (method of possession). To plaintiff’s best knowledge, information, and belief, defendant detains the property because (give reasons). 6. The property has not been taken for any tax, assessment, or fine pursuant to law. 7. The property has not been taken under an execution or attachment against plaintiff’s property. WHEREFORE plaintiff demands judgment for possession of the property. NOTE: Paragraph 3 must be modified if the right to possession arose in another manner. Allegations and a demand for damages, if appropriate, can be added to the form. Committee Notes
1980 Amendment. The form is amended to comply with the amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972). FORM 1.938. UNLAWFUL DETAINER; FORCIBLE ENTRY; OR UNLAWFUL ENTRY COMPLAINT Plaintiff, A. B., sues defendant, C.D., and alleges: 1. This is an action to recover possession of real property in County, Florida, under chapter 82 and section 51.011, Florida Statutes. 2. Plaintiff is entitled to possession of the following real property in said county: (insert the legal description and the street address of the real property, including unit number if applicable) 3. Plaintiff is entitled to possession of the real property based on 1 of the following grounds. Plaintiff is: (choose a or b.) a. the owner of the real property; or b. otherwise entitled to possession of the real property (and briefly state the reason why). 4. Defendant came into possession of the real property by 1 of the following methods: (choose a, b, or c.) a. Unlawful Detention. Defendant is in possession of the real property without consent of a person entitled to possession or after consent was withdrawn on …..(date that consent was withdrawn)…… b. Forcible Entry. Defendant entered into and took possession of the real property with force, in a manner that was not peaceable, easy, or open, even if the entry was authorized by a person entitled to possession of the real property. c. Unlawful Entry. Defendant entered into and is in possession of the real property when the entry was not authorized by law or without consent of a person entitled to possession of the real property.
WHEREFORE plaintiff demands judgment for possession of the real property and damages against defendant. NOTE: This form cannot be used for residential tenancies. FORM 1.939. CONVERSION COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On or about …..(date)….., defendant converted to his/her own use (insert description of property converted) that was then the property of plaintiff of the value of $……….. WHEREFORE plaintiff demands judgment for damages against defendant. FORM 1.940. EJECTMENT COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: This is an action to recover possession of real property in ………. County, Florida. 2. Defendant is in possession of the following real property in the county: (describe property) to which plaintiff claims title as shown by the attached statement of plaintiff’s chain of title. 3. Defendant refuses to deliver possession of the property to plaintiff or pay plaintiff the profits from it. WHEREFORE plaintiff demands judgment for possession of the property and damages against defendant. NOTE: A statement of plaintiff’s chain of title must be attached. Committee Notes
1980 Amendment. The words “possession of” are inserted in paragraph 1 for clarification. FORM 1.941. SPECIFIC PERFORMANCE COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for specific performance of a contract to convey real property in ………. County, Florida. 2. On …..(date)….., plaintiff and defendant entered into a written contract, a copy being attached. 3. Plaintiff tendered the purchase price to defendant and requested a conveyance of the real property described in the contract. 4. Defendant refused to accept the tender or to make the conveyance. 5. Plaintiff offers to pay the purchase price. WHEREFORE plaintiff demands judgment that defendant be required to perform the contract for damages. NOTE: A copy of the sales contract must be attached. Committee Notes 1980 Amendment. Paragraph 3 is divided into 2 paragraphs to properly accord with rule 1.110(f). FORM 1.942. CHECK COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On …..(date)….., defendant executed a written order for the payment of $………., commonly called a check, a copy being attached, payable to the order of plaintiff and delivered it to plaintiff. 3. The check was presented for payment to the drawee bank but payment was refused. 4. Plaintiff holds the check and it has not been paid.
5. Defendant owes plaintiff $………. that is due with interest from …..(date)….., on the check. WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the check must be attached. Allegations about endorsements are omitted from the form and must be added when proper. Committee Notes 1980 Amendment. Paragraph 4 is divided into 2 paragraphs to properly accord with rule 1.110(f).
FORM 1.944(a). MORTGAGE FORECLOSURE (When location of original note known) COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action to foreclose a mortgage on real property in ………. County, Florida. 2. On …..(date)….., defendant executed and delivered a promissory note and a mortgage securing payment of the note to …..(plaintiff or plaintiff’s predecessor)…… The mortgage was recorded on …..(date)….., in Official Records Book ………. at page ………. of the public records of ………. County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached. 3. (Select a, b, c, or d) (a) Plaintiff is the holder of the original note secured by the mortgage. (b) Plaintiff is a person entitled to enforce the note under applicable law because …..(allege specific facts)…… (c) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of …..(name of holder)….., the holder of the original note. The document(s) that grant(s) plaintiff the authority to act on behalf of the holder of the original note is/are as follows ……….. (d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of …..(name of non-holder)….., who is not the holder but is entitled to enforce the note under section 673.3011(2), Florida Statutes, because …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is are as follows ……….. 4. The property is now owned by defendant who holds possession. 5. Defendant has defaulted under the note and mortgage by failing to pay the payment due …..(date)….., and all subsequent payments …..(allege other defaults as applicable)…… 6. Plaintiff declares the full amount payable under the note and mortgage to be due.
7. Defendant owes plaintiff $………. that is due on principal on the note and mortgage, interest from …..(date)….., and title search expense for ascertaining necessary parties to this action. 8. Plaintiff is obligated to pay plaintiff’s attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees under …..(allege statutory and/or contractual bases, as applicable)…… WHEREFORE plaintiff demands judgment foreclosing the mortgage, for costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency judgment. NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following statement as required by rule 1.115(e). VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Executed on this …..(date)…… Person Signing Verification] CERTIFICATION OF POSSESSION OF ORIGINAL NOTE The undersigned hereby certifies: 1. That plaintiff is in possession of the original promissory note upon which this action is brought. 2. The location of the original promissory note is: …..(location)…… 3. The name and title of the person giving the certification is: …..(name and title)…… 4. The name of the person who personally verified such possession is: …..(name)…… 5. The time and date on which possession was verified were: …..(time and date)…… 6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification.
7. I give this statement based on my personal knowledge. Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true. Executed on …..(date)…… (Person Signing Certification) NOTE: This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, and unpaid insurance premiums, other nonmonetary defaults, and for a receiver. They must be added when appropriate. A copy of the note and mortgage must be attached. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013) and rule 1.115. It is also designed to conform to section 673.3011, Florida Statutes (2013), except that part of section 673.3011, Florida Statutes, which defines a person entitled to enforce an instrument under section 673.3091, Florida Statutes. See form 1.944(b). Pursuant to section 702.015, Florida Statutes (2013), a certification of possession of the original promissory note must be filed contemporaneously with the Complaint (form 1.944(a)) or, in the event that the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an affidavit setting forth the facts required by law must be attached to the complaint (form 1.944(b)). FORM 1.944(b). MORTGAGE FORECLOSURE (When location of original note unknown) COMPLAINT Plaintiff, ABC, sues defendant, XYZ, and states: 1. This is an action to foreclose a mortgage on real property in ………. County, Florida. 2. On …..(date)….., defendant executed and delivered a promissory note and a mortgage securing the payment of said note to …..(plaintiff or plaintiff’s predecessor)…… The mortgage was recorded on …..(date)….., in Official Records Book ………. at page ………. of the public records of ………. County, Florida, and mortgaged the property described therein which was then owned by and in possession of the mortgagor. A copy of the mortgage and note are attached to the affidavit which is attached hereto as Composite Exhibit “1”; the contents of the affidavit are specifically incorporated by reference. 3. Plaintiff is not in possession of the note but is entitled to enforce it.
4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because (a) the note was destroyed. (b) the note is lost. (c) the note is in the wrongful possession of an unknown person. (d) the note is in the wrongful possession of a person that cannot be found or is not amenable to service of process. 5. (select a, b, c, d, e, or f) (a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage. (b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because …..(allege specific facts)…… (c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: …..(allege facts as to transfer of ownership)…… (d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached). (e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the note when loss of possession occurred because …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached). (f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred, as follows: …..(allege specific facts)…… the document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached).
6. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure. 7. The property is now owned by defendant who holds possession. 8. Defendant has defaulted under the note and mortgage by failing to pay the payment(s) due ..…(date(s))….. , and all subsequent payments ….. (identify other defaults as applicable)…… 9. Plaintiff declares the full amount payable under the note and mortgage to be due. 10. Defendant owes plaintiff $……… that is due on principal on the note and mortgage, interest from …..(date)….., and title search expense for ascertaining necessary parties to this action. 11. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this claim pursuant to …..(identify statutory and/or contractual bases, as applicable)…… WHEREFORE, Plaintiff demands judgment re-establishing the promissory note, determining the amount and nature of adequate protection to be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency judgment. NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following statement as required by rule 1.115(e). VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Executed on …..(date)…… (Person Signing Verification) ***** AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA
COUNTY OF ……….. BEFORE ME, the undersigned authority, personally appeared …..(name)….., who, after being first duly sworn, deposes and states, under penalty of perjury: 1. I am the plaintiff (or plaintiff’s ……….) (identify relationship to plaintiff). I am executing this affidavit in support of plaintiff’s Complaint against defendant and I have personal knowledge of the matters set forth herein. 2. On …..(date)….. , the public records reflect that defendant executed and delivered a mortgage securing the payment of the note to …..(plaintiff/plaintiff’s predecessor)…… The mortgage was recorded on …..(date)….. , in Official Records Book ………. at page ………. of the public records of ………. County, Florida, and mortgaged the property described therein, which was then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached. 3. Plaintiff is not in possession of the note but is entitled to enforce it. 4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because (a) the note was destroyed. (b) the note is lost. (c) the note is in the wrongful possession of an unknown person. (d) the note is in the wrongful possession of a person who cannot be found or is not amenable to service of process. 5. (select a, b, c, d, e, or f) (a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage. (b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because …..(allege specific facts)…… (c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: …..(allege facts regarding transfer of ownership)……
(d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ……….. (attach copy of document(s) or relevant portion(s) of the document(s)). (e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the original note when loss of possession occurred, because …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached). (f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the original note when loss of possession occurred, as follows …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached). 6. Below is the clear chain of the endorsements, transfers, allonges or assignments of the note and all documents that evidence same as are available to Plaintiff: …..(identify in chronological order all endorsements, transfers, assignments of, allonges to, the note or other evidence of the acquisition, ownership and possession of the note)…… Correct copies of the foregoing documents are attached to this affidavit. 7. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure. FURTHER, AFFIANT SAYETH NAUGHT. [signature] ………. [typed or printed name of affiant] STATE OF FLORIDA COUNTY OF …………… BEFORE ME, the undersigned authority appeared …..(name of affiant)….., who …..is personally known to me or ….. produced identification ….. and acknowledged that he/she executed the foregoing instrument for the purposes expressed therein and who did take an oath.
WITNESS my hand and seal in the State and County aforesaid, this …..(date)…… NOTARY PUBLIC, State of Florida Print Name: ………. Commission Expires:………. Committee Note 2014 Adoption. This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, unpaid insurance premiums, other nonmonetary defaults, and for a receiver. Allegations must be added when appropriate. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to comply with section 673.3091, Florida Statutes (2013). Adequate protection as required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013), must be provided before the entry of final judgment. FORM 1.944(c) MOTION FOR ORDER TO SHOW CAUSE PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE FOR ENTRY OF FINAL JUDGMENT OF FORECLOSURE 1. Plaintiff is a lienholder of real property located at …..(address)….. or is a …..Condominium Association/Cooperative Association/Homeowner’s Association…… 2. The plaintiff has filed a verified complaint in conformity with applicable law, which is attached. 3. The plaintiff requests this court issue an order requiring defendant(s) to appear before the court to show cause why a final judgment of foreclosure should not be entered against defendant(s). 4. The date of the hearing may not occur sooner than the later of 20 days after service of the order to show cause or 45 days after service of the initial complaint. OR COMMENT: Use the following when service is by publication: 4. When service is obtained by publication, the date for the hearing may not be set sooner than 30 days after the first publication.
5. The accompanying proposed order to show cause affords defendant(s) all the rights and obligations as contemplated by applicable law. 6. Upon the entry of the order to show cause, plaintiff shall serve a copy of the executed order to show cause for entry of final judgment as required by law. Plaintiff requests the court review this complaint and grant this motion for order to show cause for entry of final judgment of foreclosure, and grant such further relief as may be awarded at law or in equity. Plaintiff Certificate of Service Committee Note 2014 Adoption. This form is designed to comply with section 702.10, Florida Statutes (2013). FORM 1.944(d) ORDER TO SHOW CAUSE ORDER TO SHOW CAUSE THIS CAUSE has come before the court on …..plaintiff’s/lien holder’s….. motion for order to show cause for entry of final judgment of mortgage foreclosure and the court having reviewed the motion and the verified complaint, and being otherwise fully advised in the circumstances, finds and it is ORDERED AND ADJUDGED that: 1. The defendant(s) shall appear at a hearing on foreclosure on …..(date)….. at …..(time)….. before the undersigned judge, in the …..(county)….. Courthouse at …..(address)….., to show cause why the attached final judgment of foreclosure should not be entered against the defendant(s) in this cause. This hearing referred to in this order is a “show cause hearing.” 2. This ORDER TO SHOW CAUSE shall be served on the defendant(s) in accordance with the Florida Rules of Civil Procedure and applicable law as follows: a. If the defendant(s) has/have been served under Chapter 48, Florida Statutes, with the verified complaint and original process has already been effectuated, service of this order may be made in the manner provided in the Florida Rules of Civil Procedure; or, if the other party is a plaintiff in the action, service of the order to show cause on that party may be made in the manner provided in the Florida Rules of Civil Procedure.
b. If the defendant(s) has/have not been served under Chapter 48, Florida Statutes, with the verified complaint and original process, the order to show cause, together with the summons and a copy of the verified complaint, shall be served on the party in the same manner as provided by law for original process. 3. The filing of defenses by a motion or verified answer at or before the show cause hearing constitutes cause for which the court may not enter the attached final judgment. 4. Defendant(s) has/have the right to file affidavits or other papers at the time of the show cause hearing and may appear at the hearing personally or by an attorney. 5. If defendant(s) file(s) motions, they may be considered at the time of the show cause hearing. 6. Defendant(s)’ failure to appear either in person or by an attorney at the show cause hearing or to file defenses by motion or by a verified or sworn answer, affidavits, or other papers which raise a genuine issue of material fact which would preclude entry of summary judgment or which would otherwise constitute a legal defense to foreclosure, after being served as provided by law with the order to show cause, will be deemed presumptively a waiver of the right to a hearing. In such case, the court may enter a final judgment of foreclosure ordering the clerk of the court to conduct a foreclosure sale. An order requiring defendant(s) to vacate the premises may also be entered. 7. If the mortgage provides for reasonable attorneys’ fees and the requested fee does not exceed 3% of the principal amount owed at the time the complaint is filed, the court may not need to hold a hearing to adjudge the requested fee to be reasonable. 8. Any final judgment of foreclosure entered under section 702.10(1) Florida Statutes, shall be only for in rem relief; however, entry of such final judgment of foreclosure shall not preclude entry of an in personam money damages judgment or deficiency judgment where otherwise allowed by law. 9. A copy of the proposed final judgment is attached and will be entered by the court if defendant(s) waive(s) the right to be heard at the show cause hearing. DONE AND ORDERED at …..(county)….., Florida …..(date)…… CIRCUIT JUDGE Copies to:
Committee Note 2014 Adoption. This form is designed to comply with section 702.10(1), Florida Statutes (2013). FORM 1.945. MOTOR VEHICLE NEGLIGENCE COMPLAINT COMPLAINT Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. (Use a or b) a. On or about …..(date)….., defendant, C. D., owned a motor vehicle that was operated with his/her consent by defendant, E. F., at ……………… in ……………….., Florida. b. On or about …..(date)….., defendant owned and operated a motor vehicle at ……………. in ……………………, Florida. 3. At that time and place defendants negligently operated or maintained the motor vehicle so that it collided with plaintiff’s motor vehicle. 4. As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff’s automobile was damaged and he/she lost the use of it during the period required for its repair or replacement. WHEREFORE plaintiff demands judgment for damages against defendants. NOTE: This form, except for paragraph 2b, is for use when owner and driver are different persons. Use paragraph 2b when they are the same. If paragraph 2b is used, “defendants” must be changed to “defendant” wherever it appears. Committee Notes 1980 Amendment. This form was changed to show that one of the alternatives in paragraph 2 is used, but not both, and paragraph 4 has been changed to paraphrase Standard Jury Instruction 6.2.
FORM 1.946. MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE COMPLAINT Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On or about …..(date)….., defendant, C. D., or defendant, E. F., or both defendants, owned and operated motor vehicles at ……………….. in ……………….., Florida. 3. At that time and place defendants, or one of them, negligently operated or maintained their motor vehicles so that one or both of them collided with plaintiff’s motor vehicle. 4. As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff’s automobile was damaged and he/she lost the use of it during the period required for its repair or replacement. WHEREFORE plaintiff demands judgment for damages against defendants. NOTE: Allegations when owner and driver are different persons are omitted from this form and must be added when proper. Committee Notes 1980 Amendment. Paragraph 4 is changed to paraphrase Standard Jury Instruction 6.2. FORM 1.947. TENANT EVICTION COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action to evict a tenant from real property in ……………… County, Florida. 2. Plaintiff owns the following described real property in said county:
(describe property) 3. Defendant has possession of the property under (oral, written) agreement to pay rent of $………. payable ………………… 4. Defendant failed to pay rent due …..(date)…… 5. Plaintiff served defendant with a notice on …..(date)….., to pay the rent or deliver possession but defendant refuses to do either. WHEREFORE plaintiff demands judgment for possession of the property against defendant. NOTE: Paragraph 3 must specify whether the rental agreement is written or oral and if written, a copy must be attached. FORM 1.947(b). ANSWER—RESIDENTIAL EVICTION 1. The defendant answers the complaint as follows: (Check ONLY 1, a. or b.) a. Defendant generally denies each statement of the complaint. b. Defendant admits that all the statements of the complaint are true EXCEPT: (i) The following statement(s) in paragraph(s) of the complaint is/are false. Please explain: (ii) I do not know whether the information in paragraph(s) of the complaint is/are true or false, so I am denying them. 2. If you write down any defense other than payment of rent, then you must take one of the following steps: a. If you agree with the landlord about the rent owed, then you must pay the rent owed into the court registry when you file this response. b. If you disagree with the landlord about the rent owed for any reason, then you must check box 3(b) below and describe with detail why you disagree.
c. You MUST pay the clerk of court the rent each time it becomes due until the lawsuit is over. If you fail to follow these instructions, then you will lose your defenses. You will not have a hearing in your case and you may be evicted without a court date. 3. The defendant sets forth the following defenses to the complaint: (Check ONLY the defenses that apply, and state brief facts to support each checked defense.) a. The landlord did not make repairs, and I withheld my rent after sending written notice to the landlord. (Attach a copy of the written notice to the landlord.) Please explain: b. I do not owe the total amount of rent or ongoing amount of rent the landlord claims I owe. I am also asking this court to determine the amount of rent that must be deposited into the court registry and requesting a hearing. (Motion to Determine Rent.) Please explain: c. I attempted/offered to pay all the rent due before the notice to pay rent expired, but the landlord did not accept the rent payment. Please explain: d. I paid the rent demanded by the landlord in the notice to pay rent. Please explain: e. The landlord waived, changed, or canceled the notice that required me to move out of the residence. Please explain: f. The landlord filed the eviction in retaliation against me. For example, the tenant has complained to a governmental agency charged
with responsibility for enforcement of building, housing, or health codes of a suspected violation, or tenant has complained directly to the landlord. Please explain: g. The landlord filed the eviction in violation of the Federal Fair Housing Act and/or the Florida Fair Housing Act. Please explain: h. The landlord accepted rent from me after sending me the notice to terminate. Please explain: i. I already corrected the violations claimed by the landlord on the notice to terminate. Please explain: j. The landlord is not the owner of the property where I live. Please explain: k. I did not receive the notice to terminate or the notice was legally incorrect. Please explain: l. Other defenses. Please explain: 4. You have a constitutional right to request a trial by a jury of your peers instead of a judge. However, there are some things you should know about this right:
a. You may have waived this right in your lease, so review it carefully before requesting a jury trial. b. If you want a jury trial, you should request it in writing when you file your answer or you may waive your right to a jury trial. c. Jury trials are not simple to conduct. You will bear some responsibility in the process and, if you are unprepared, it may be difficult to represent yourself in a jury trial. Additionally, once you request a jury trial, if you change your mind and you want the judge to decide your case, the landlord will need to agree. d. If you have questions about whether to request a jury trial, you should speak with an attorney. 5. Select whether you want to request a jury trial: (Check only one.) I want a judge to decide my case. I want a jury to decide my case. All of the statements made above are true to the best of my knowledge and belief. Signature: Printed Name: Date: Address: Telephone Number: E-mail Address: NOTE: Each defendant named in the complaint for whom this answer is filed must sign this answer unless the defendant’s attorney signs. FORM 1.948. THIRD-PARTY COMPLAINT. GENERAL FORM THIRD-PARTY COMPLAINT Defendant, C. D., sues third-party defendant, E. F., and alleges: 1. Plaintiff filed a complaint against defendant, C. D., a copy being attached. 2. (State the cause of action that C. D. has against E. F. for all or part of what A. B. may recover from C. D. as in an original complaint.)
WHEREFORE defendant C. D., demands judgment against the third- party defendant, E. F., for all damages that are adjudged against defendant, C.D., in favor of plaintiff. NOTE: A copy of the complaint from which the third-party complaint is derived must be attached. Committee Notes 1988 Amendment. The first sentence was changed to eliminate the words “and third party plaintiff.” FORM 1.949. IMPLIED WARRANTY COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant manufactured a product known and described as (describe product). 3. Defendant warranted that the product was reasonably fit for its intended use as (describe intended use). 4. On …..(date)….., at ……………… in ……………… County, Florida, the product (describe the occurrence and defect that resulted in injury) while being used for its intended purpose, causing injuries to plaintiff who was then a user of the product. 5. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in their nature and plaintiff will suffer the losses and impairment in the future. WHEREFORE plaintiff demands judgment for damages against defendant. Committee Notes 1972 Amendment. This form is changed to require an allegation of the defect in paragraph 4. Contentions were made in trial courts that the form as presently authorized eliminated the substantive requirement that the plaintiff prove a defect except under those circumstances when substantive law eliminates the necessity of such proof. Paragraph 4 is amended to show that no substantive law change was intended.
FORM 1.951. FALL-DOWN NEGLIGENCE COMPLAINT COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On …..(date)….., defendant was the owner and in possession of a building at ……………….. in ……………….., Florida, that was used as a (describe use). 3. At that time and place plaintiff went on the property to (state purpose). 4. Defendant negligently maintained (describe item) on the property by (describe negligence or dangerous condition) so that plaintiff fell on the property. 5. The negligent condition was known to defendant or had existed for a sufficient length of time so that defendant should have known of it. 6. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in nature and plaintiff will suffer the losses and impairment in the future. WHEREFORE plaintiff demands judgment for damages against defendant. FORM 1.960. BOND. GENERAL FORM (TYPE OF BOND) WE, (plaintiff’s name), as principal and (surety’s name), as Surety, are bound to (defendant’s name) in the sum of $………. for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if plaintiff shall (insert condition), then this bond is void; otherwise it remains in force. SIGNED AND SEALED on ……………. As Principal (surety’s name)
By As Attorney in Fact As Surety Approved on …..(date)….. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1992 Amendment. The “Approved on […..(date)…..]” line is moved to a location immediately above the clerk’s name. FORM 1.961. VARIOUS BOND CONDITIONS The following conditions are to be inserted in the second paragraph of form 1.960 in the blank provided for the condition of the bond. Other proper conditions must be inserted for other types of bonds. (a) Attachment, Garnishment, and Distress. . . . pay all costs and damages that defendant sustains in consequence of plaintiff improperly suing out (type of writ) in this action . . . NOTE: The condition of an attachment bond in aid of foreclosure when the holder of the property is unknown is different from the foregoing condition. See section 76.12, Florida Statutes. (b) Costs. . . . pay all costs and charges that are adjudged against plaintiff in this action . . . (c) Replevin. . . . prosecute this action to effect and without delay, and if defendant recovers judgment against plaintiff in this action, plaintiff shall return the property replevied if return of it is adjudged, and shall pay defendant all money recovered against plaintiff by defendant in this action . . . FORM 1.965. DEFENSE. STATUTE OF LIMITATIONS Each cause of action, claim, and item of damages did not accrue within the time prescribed by law for them before this action was brought.
FORM 1.966. DEFENSE. PAYMENT Before commencement of this action defendant discharged plaintiff’s claim and each item of it by payment. FORM 1.967. DEFENSE. ACCORD AND SATISFACTION On …..(date)….., defendant delivered to plaintiff and plaintiff accepted from defendant (specify consideration) in full satisfaction of plaintiff’s claim. FORM 1.968. DEFENSE. FAILURE OF CONSIDERATION The sole consideration for the execution and delivery of the promissory note described in paragraph ………. of the complaint was plaintiff’s promise to lend defendant $1,000; plaintiff failed to lend the sum to defendant. NOTE: This form is for failure to complete the loan evidenced by a promissory note. The contract, consideration, and default of the plaintiff must be varied to meet the facts of each case. FORM 1.969. DEFENSE. STATUTE OF FRAUDS The agreement alleged in the complaint was not in writing and signed by defendant or by some other person authorized by defendant and was to answer for the debt, default, or miscarriage of another person. NOTE: This form is for one of the cases covered by the Statute of Frauds. It must be varied to meet the facts of other cases falling within the statute. FORM 1.970. DEFENSE. RELEASE On …..(date)….., and after plaintiff’s claim in this action accrued, plaintiff released defendant from it, a copy of the release being attached. NOTE: This form is for the usual case of a written release. If the release is not in writing, the last clause must be omitted and the word “orally” inserted before “released.” FORM 1.971. DEFENSE. MOTOR VEHICLE CONTRIBUTORY NEGLIGENCE Plaintiff’s negligence contributed to the accident and his/her injury and damages because he/she negligently operated or maintained the motor vehicle in which he/she was riding so that it collided with defendant’s motor vehicle.
FORM 1.972. DEFENSE. ASSUMPTION OF RISK Plaintiff knew of the existence of the danger complained of in the complaint, realized and appreciated the possibility of injury as a result of the danger, and, having a reasonable opportunity to avoid it, voluntarily exposed himself/herself to the danger. Committee Note 1980 Amendment. This form is amended to show the substantive changes caused by the substitution of the doctrine of comparative negligence for contributory negligence. The form is paraphrased from Standard Jury Instruction 3.8. FORM 1.975. NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT NOTICE OF COMPLIANCE WITH SECTION 86.091, FLORIDA STATUTES The undersigned hereby gives notice of compliance with Fla. R. Civ. P. 1.071, with respect to the constitutional challenge brought pursuant to …..(Florida statute, charter, ordinance, or franchise challenged)…… The undersigned complied by serving the …..(Attorney General for the state of Florida or State Attorney for the ………. Judicial Circuit)…… with a copy of the pleading or motion challenging …..(Florida statute, charter, ordinance, or franchise challenged)….., by …..(certified or registered mail)….. on …..(date)…… …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Committee Notes 2010 Adoption. This form is to be used to provide notice of a constitutional challenge as required by section 86.091, Florida Statutes. See rule 1.071. This form is to be used when the Attorney General or the State Attorney is not a named party to the action, but must be served solely in order to comply with the notice requirements set forth in section 86.091.
FORM 1.976. STANDARD INTERROGATORIES The forms of Florida standard interrogatories approved by the supreme court shall be used in the actions to which they apply, subject to the requirements of rule 1.340.
FORM 1.977. FACT INFORMATION SHEET (a) For Individuals. (CAPTION) FACT INFORMATION SHEET Full Legal Name: Nicknames or Aliases: Residence Address: Mailing Address (if different): Telephone Numbers: (Home) (Business) Name of Employer: Address of Employer: Position or Job Description: Rate of Pay: $ per Average Paycheck: $ per Average Commissions or Bonuses: $ per . Commissions or bonuses are based on Other Personal Income: $ from (Explain details on the back of this sheet or an additional sheet if necessary.) Social Security Number: Birthdate: Driver’s License Number: Marital Status: Spouse’s Name: ******** Spouse Related Portion Spouse’s Address (if different): Spouse’s Social Security Number: Birthdate: Spouse’s Employer: Spouse’s Average Paycheck or Income: $ per
Other Family Income: $ per (Explain details on back of this sheet or an additional sheet if necessary.) Describe all other accounts or investments you may have, including stocks, mutual funds, savings bonds, or annuities, on the back of this sheet or on an additional sheet if necessary. ******** Names and Ages of All Your Children (and addresses if not living with you): Child Support or Alimony Paid: $ per Names of Others You Live With: Who is Head of Your Household? You Spouse Other Person Checking Account at: Account # Savings Account at: Account # For Real Estate (land) You Own or Are Buying: Address: All Names on Title: Mortgage Owed to: Balance Owed: 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 You Own or Are Buying: Year/Make/Model: Color: Vehicle ID #: Tag No: Mileage: Names on Title: Present Value: $ Loan Owed to: Balance on Loan: $ Monthly Payment: $
(List all other automobiles, as well as other vehicles, such as boats, motorcycles, bicycles, or aircraft, on the back of this sheet or an additional sheet if necessary.) Have you given, sold, loaned, or transferred any real or personal property worth more than $100 to any person in the last year? If your answer is “yes,” describe the property, market value, and sale price, and give the name and address of the person who received the property. Does anyone owe you money? Amount Owed: $ Name and Address of Person Owing Money: Reason money is owed: Please attach copies of the following: a. Your last pay stub. b. Your last 3 statements for each bank, savings, credit union, or other financial account. c. Your motor vehicle registrations and titles. d. Any deeds or titles to any real or personal property you own or are buying, or leases to property you are renting. e. Your financial statements, loan applications, or lists of assets and liabilities submitted to any person or entity within the last 3 years. f. Your last 2 income tax returns filed. UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE. Judgment Debtor STATE OF FLORIDA COUNTY OF ………. Sworn to (or affirmed) and subscribed before me this ________ day of ______ (year) by (name of person making statement) Notary Public State of Florida My Commission expires: ……….
Personally known ________ OR Produced Identification _______ Type of identification produced ___________________________ YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF COURT. (b) For Corporations and Other Business Entities. (CAPTION) FACT INFORMATION SHEET Name of entity: Name and title of person filling out this form: Telephone number: Place of business: Mailing address (if different): Gross/taxable income reported for federal income tax purposes last three years: $ /$ $ /$ $ /$ Taxpayer identification number: Is this entity an S corporation for federal income tax purposes? Yes No Average number of employees per month Name of each shareholder, member, or partner owning 5% or more of the entity’s common stock, preferred stock, or other equity interest: Names of officers, directors, members, or partners: Checking account at: Account #
Savings account at: Account # Does the entity own any vehicles? Yes No For each vehicle please state: Year/Make/Model: Color: Vehicle ID No: Tag No: Mileage: Names on Title: Present Value: $ Loan Owed to: Balance on Loan: $ Monthly Payment: $ Does the entity own any real property? Yes No If yes, please state the address(es): Please check if the entity owns the following Boat Camper Stocks/bonds Other real property Other personal property Please attach copies of the following: 1. Copies of state and federal income tax returns for the past 3 years. 2. All bank, savings and loan, and other account books and statements for accounts in institutions in which the entity had any legal or equitable interest for the past 3 years. 3. All canceled checks for the 12 months immediately preceding the service date of this Fact Information Sheet for accounts in which the entity held any legal or equitable interest. 4. All deeds, leases, mortgages, or other written instruments evidencing any interest in or ownership of real property at any time within the 12 months immediately preceding the date this lawsuit was filed.
5. Bills of sale or other written evidence of the gift, sale, purchase, or other transfer of any personal or real property to or from the entity within the 12 months immediately preceding the date this lawsuit was filed. 6. Motor vehicle or vessel documents, including titles and registrations relating to any motor vehicles or vessels owned by the entity alone or with others. 7. Financial statements as to the entity’s assets, liabilities, and owner’s equity prepared within the 12 months immediately preceding the service date of this Fact Information Sheet. 8. Minutes of all meetings of the entity’s members, partners, shareholders, or board of directors held within 2 years of the service date of this Fact Information Sheet. 9. Resolutions of the entity’s members, partners, shareholders, or board of directors passed within 2 years of the service date of this Fact Information Sheet. UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE. Judgment Debtor’s Designated Representative/Title STATE OF FLORIDA COUNTY OF ………. Sworn to (or affirmed) and subscribed before me this _____ day of ____________ (year) by (name of person making statement). Personally known ____ OR Produced identification __________ Type of identification produced __________________________ YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE PLAINTIFF’S JUDGMENT CREDITOR OR THE PLAINTIFF’S JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF THE COURT. Committee Notes 2000 Adoption. This form is added to comply with amendments to rule 1.560.
2013 Amendment. This amendment clarifies that the judgment debtor should mail or deliver the Fact Information Sheet only to the judgment creditor or the judgment creditor’s attorney, and should not file the Fact Information Sheet with the clerk of the court. FORM 1.980. DEFAULT MOTION FOR DEFAULT Plaintiff moves for entry of a default by the clerk against defendant ………. for failure to serve any document on the undersigned or file any document as required by law. Attorney for Plaintiff DEFAULT A default is entered in this action against the defendant named in the foregoing motion for failure to serve or file any document as required by law. Dated on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk FORM 1.981. SATISFACTION OF JUDGMENT SATISFACTION OF JUDGMENT The undersigned, owner and holder of a final judgment rendered in the above-captioned civil action, dated ………., recorded in ……………….. County, Official Records Book ….. beginning at Page ….., acknowledges that all sums due under it have been fully paid and that final judgment is hereby canceled and satisfied of record. Dated on ………………… Judgment Owner and Holder (or their attorney) STATE OF FLORIDA COUNTY OF _______
The foregoing instrument was acknowledged before me this _____ day of ___________, 20___, by (name of person acknowledging). (NOTARY SEAL) (Signature of Notary Public-State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known _________ OR Produced Identification ______ Type of Identification Produced ___________________________ Committee Notes 2003 Amendment. This satisfaction of judgment is a general form. It is a new form. To ensure identity of the signer, notarization is prudent but not required. If a certified copy of the judgment is recorded, it may be prudent to include that recording information. 2013 Amendment. This form has been changed to remove unnecessary language and to include the acknowledgment required by sections 695.03 and 701.04, Florida Statutes. FORM 1.982. CONTEMPT NOTICE MOTION AND NOTICE OF HEARING TO: (name of attorney for party, or party if not represented) YOU ARE NOTIFIED that plaintiff will apply to the Honorable ………. , Circuit Judge, on …..(date)….., at ……m., in the ……….. County Courthouse at ………., Florida, for an order adjudging (defendant’s name) in contempt of court for violation of the terms of the order or judgment entered by this court on …..(date)….., by failing to ……………, and I certify that a copy hereof has been furnished to ………. by mail on …..(date)…… If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before your scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. NOTE: The particular violation must be inserted in the motion and notice. A separate motion is unnecessary.
Committee Note 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings. FORM 1.983. PROSPECTIVE JUROR QUESTIONNAIRE DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS: Before you file a copy of this form, redact the month and date of the prospective juror’s birth in question #3, but retain the year of birth. Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2) QUESTIONNAIRE FOR PROSPECTIVE JURORS 1. Name: (print) ……..…………………………………………………………………………………………. (first) (middle) (last) 2. Residence address: ………………………………………………………………………………………… (street and number) …………………………………………………………………………………………. (city) (zip) 3. Date of birth: ………….……………………………………………………………………………………… Sex: ……………………………… Occupation: ………………………………. 4. Do you understand the English language? …………………………………. ………………………………….. (yes) (no) 5. Do you read and write the English language? ……………………………….. ………………………………… (yes) (no) 6. Have you ever been convicted of a crime and not restored to your civil rights? …………………………….. ………………………………..
(yes) (no) If “yes,” state the nature of crime(s), the date of the conviction(s), and the name of the court in which you were convicted: ……………………………………………………………………………………………… .…………………………………………………………………………………………….. 7. Are there any criminal charges pending against you of which you are aware? ……………………………. ………………………………… (yes) (no) If “yes,” state the nature of the charge and the name of the court (s) in which the case(s) is pending: ……………………………………………………………………………………………… .…………………………………………………………………………………………….. 8. FULL TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny full-time federal state, or local law enforcement officer or such entities’ investigative personnel shall be excused from jury service unless such persons choose to serve.” Do you choose to serve? …………………………. ……………………………….. (yes) (no) 9. List any official executive office you now hold with the federal, state, or ………. county government: ……………………………………………………………………………………………… ……………………………………………………………………………………………… 10. Is your hearing good? …………………. …………………… (yes) (no) Is your eyesight good? ………………. …………………….. (yes) (no) (The court may require a medical certificate.)
11. Do you have any physical or mental disability (mental illness, intellectual disability, senility, or other physical or mental incapacity) that would interfere with your service as a juror? ………………………………. ……………………………………. (yes) (no) If “yes,” state the nature: .………………………………………………………………………..…………………… (The court may require a written statement from a physician.) 12. Do you know of any reason (s) why you cannot serve as a juror? …………………………. ……………………………….. (yes) (no) If “yes,” state the reason (s): ……………………………………………………………………………………………… ……………………………………………………………………………………………… 13. EXPECTANT MOTHERS AND PARENTS ONLY: Section 40.013(4), Florida Statutes, provides that “[a]ny expectant mother and parent who is not employed full time and who has custody of a child under 6 years of age, upon request, shall be excused from jury service.” Do you want to be excused under this provision? …………………………. ……………………………….. (yes) (no) If “yes,” what are the ages of your children? …………………………………………………………………………………………………. 14. NEW MOTHERS ONLY: Section 40.013(12), Florida Statutes, provides that “[a] woman who has given birth within the 6 months before the reporting date on a summons for jury service shall be excused upon request.” Do you want to be excused under this provision? …………………………. ……………………………….. (yes) (no) 15. CAREGIVER: Section 40.013(10), Florida Statutes, provides that “[a]ny person who is responsible for the care of a person who, because of mental illness, intellectual disability, senility, or other physical or mental
incapacity, is incapable of caring for himself or herself shall be excused from jury service upon request.” Do you want to be excused under this provision? …………………………. ……………………………….. (yes) (no) If “yes,” state the reason(s): …………………………………………………………………………………………………. 16. FULL-TIME STUDENTS: Section 40.013(11), Florida Statutes, provides that “[u]pon request, a full-time student between 18 and 21 years of age, inclusive, who is attending high school or any state university, private postsecondary educational institution, Florida College System institution, or career center shall be excused from that specific summons for jury service.” Do you want to request to be excused under this provision? …………………………. ……………………………….. (yes) (no) If “yes,” what is the name of your school? …………………………………………………………………………………………………. Signature This is not a summons for jury duty. If your name is later drawn for jury service, you will be summoned by clerk of court by mail. NOTE: This form does not use a caption as shown in form 1.901. It may be headed with the designation of the jury authority charged by law with the selection of prospective jurors. FORM 1.984. JUROR VOIR DIRE QUESTIONNAIRE JURY QUESTIONNAIRE Instructions to Jurors You have been selected as a prospective juror. It will aid the court and help shorten the trial of cases if you will answer the questions on this form and return it in the enclosed self-addressed stamped envelope within the next 2 days. Please complete the form in blue or black ink and write as dark and legibly as you can. 1. Name (print) (first) (middle) (last)
2. Residence address 3. Years of residence: In Florida In this county 4. Former residence 5. Marital status: (married, single, divorced, widow, or widower) 6. State the highest level of education you completed Less than high school Some college High school Associate degree Vocational/Technical school College degree Post graduate degree 7. Your occupation and employer 8. If you are not now employed, give your last occupation and employer 9. If married, name and occupation of husband or wife 10. Have you served as a juror before? 11. Have you or any member of your immediate family been a party to any lawsuit? If so, when and in what court? 12. Are you either a close friend of or related to any law enforcement officer? 13. Has a claim for personal injuries ever been made against you or any member of your family? 14. Have you or any member of your family ever made any claim for personal injuries? Juror’s Signature
NOTE: This form does not have a caption as shown in form 1.901, but should be headed with the name of the court summoning the juror. FORM 1.986. VERDICTS In all civil actions tried by a jury, the parties should refer to the model verdict forms contained in the Florida Standard Jury Instructions in Civil Cases, as applicable. FORM 1.988. JUDGMENT AFTER DEFAULT (a) General Form. This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys’ fees: FINAL JUDGMENT This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, …..(name and address)….., recover from defendant, …..(name and address, and last 4 digits of social security number if known)….., the sum of $………. with costs in the sum of $………., that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge (b) Form with Interest and Fees. This form is for judgment after default including prejudgment interest and attorneys’ fees recovered: FINAL JUDGMENT This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, …..(name and address)….., recover from defendant, …..(name and address, and last 4 digits of social security number if known)….., the sum of $………. on principal, $………. for attorneys’ fees with costs in the sum of $………., and pre-judgment interest in the sum of $………., making a total of $………. that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge
NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. Committee Notes 1980 Adoption. This form is new. 2003 Amendment. Subdivision (b) is amended to include prejudgment interest in the total judgment pursuant to Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996). FORM 1.989. ORDER OF DISMISSAL FOR LACK OF PROSECUTION (a) Notice of Lack of Prosecution. NOTICE OF LACK OF PROSECUTION PLEASE TAKE NOTICE that it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months immediately preceding service of this notice, and no stay has been issued or approved by the court. Pursuant to rule 1.420(e), if no such record activity occurs within 60 days following the service of this notice, and if no stay is issued or approved during such 60-day period, this action may be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. (b) Order Dismissing Case for Lack of Prosecution. ORDER OF DISMISSAL This action was heard on the …..respondent’s/court’s/interested party’s….. motion to dismiss for lack of prosecution served on …..(date)…… The court finds that (1) notice pre-scribed by rule 1.420(e) was served on …..(date)…..; (2) there was no record activity during the 10 months immediately preceding service of the foregoing notice; (3) there was no record activity during the 60 days immediately following service of the foregoing notice; (4) no stay
has been issued or approved by the court; and (5) no party has shown good cause why this action should remain pending. Accordingly, IT IS ORDERED that this action is dismissed for lack of prosecution. ORDERED at ……………….., Florida, on …..(date)…… Judge FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR DAMAGES FINAL JUDGMENT Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff, …..(name and address)….., recover from defendant, …..(name and address, and last 4 digits of social security number if known)….., the sum of $………. with costs in the sum of $………., making a total of $………., that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR DAMAGES FINAL JUDGMENT Pursuant to the verdict rendered in this action
IT IS ADJUDGED that plaintiff, …..(name and address, and last 4 digits of social security number if known)….., take nothing by this action and that defendant, …..(name and address)….., shall go hence without day and recover costs from plaintiff in the sum of $………. that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM NON-JURY FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that: 1. (list adjudications in numbered paragraphs) 2. ………………………………………….. (See note below on name, address, and social security number requirements.) ORDERED at …………………, Florida, on …..(date)…… Judge NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an
affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM. NON-JURY FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that plaintiff, …..(name and address, and last 4 digits of social security number if known)….., take nothing by this action and that defendant, …..(name and address)….., shall go hence without day and recover costs from plaintiff in the sum of $………. that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. FORM 1.995. FINAL JUDGMENT OF REPLEVIN NOTE APPLICABLE TO FORMS (a)–(d): The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the
judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. (a) Judgment in Favor of Plaintiff when Plaintiff Has Possession. FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Plaintiff, …..(name and address)….., has the right against defendant, …..(name and address, and last 4 digits of social security if known)….., to retain possession of the following described property: (list the property and include a value for each item) 2. Plaintiff shall recover from defendant the sum of $………. as damages for the detention of the property and the sum of $………. as costs, making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff can also recover damages for the wrongful taking and detention of the property, together with costs. Generally these damages are awarded in the form of interest unless loss of use can be proven. Ocala Foundry & Machine Works v. Lester, 49 Fla. 199, 38 So. 51 (1905). If the defendant has possession of part of the property, see form 1.995(b). (b) Judgment in Favor of Plaintiff when Defendant Has Possession. FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that:
1. Plaintiff, …..(name and address)….., has the right against defendant, …..(name and address, and last 4 digits of social security number if known)….., to possession of the following described property: (list the property and include a value for each item) for which the clerk of the court shall issue a writ of possession; or 2. Plaintiff shall recover from defendant [if applicable add “and surety on the forthcoming bond”] the sum of $………. for the value of the property, which shall bear interest at the rate of …..% per year, for which let execution issue. 3. Plaintiff shall recover from defendant the sum of $………. as damages for the detention of the property and the sum of $………. as costs, making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: This form applies when the plaintiff prevails on the merits and the defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or the value of the plaintiff’s lien or special interest. The value for purposes of paragraph 2 is either the value of the property or the value of the plaintiff’s lien or special interest. Paragraph 3 of the form provides for damages for detention only against the defendant because the defendant’s surety obligates itself only to ensure forthcoming of the property, not damages for its detention. Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the plaintiff elects the writ of possession for the property and the sheriff is unable to find it or part of it, the plaintiff may immediately have execution against the defendant for the whole amount recovered or the amount less the value of the property found by the sheriff. If the plaintiff elects execution for the whole amount, the officer shall release all property taken under the writ. If the plaintiff has possession of part of the property, see form 1.995(a).
(c) Judgment in Favor of Defendant when Defendant Has Possession under Forthcoming Bond. FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Defendant, …..(name and address)….., has the right against plaintiff, …..(name and address, and last 4 digits of social security number if known)….., to possession of the following described property: (list the property and include a value for each item) 2. Defendant retook possession of all or part of the property under a forthcoming bond, and defendant’s attorney has reasonably expended ….. hours in representing defendant in this action and $………. is a reasonable hourly rate for the services. 3. Defendant shall recover from plaintiff the sum of $………. for the wrongful taking of the property, costs in the sum of $………., and attorneys’ fees in the sum of $………., making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: This form applies when the defendant prevails and the property was retained by or redelivered to the defendant. Section 78.20, Florida Statutes (1995), provides for an award of attorneys’ fees. The prevailing defendant may be awarded possession, damages, if any, for the taking of the property, costs, and attorneys’ fees. If the plaintiff has possession of part of the property, see form 1.995(d). (d) Judgment in Favor of Defendant when Plaintiff Has Possession. FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented
IT IS ADJUDGED that: 1. Defendant, …..(name and address)….., has the right against plaintiff, …..(name and address, and last four digits of social security number if known)….., to recover possession of the following described property: (list the property and include a value for each item) for which the clerk of the court shall issue a writ of possession; or 2. Defendant shall recover from plaintiff [if applicable add “and surety on plaintiff’s bond”] the sum of $………. for the value of the property, which shall bear interest at the rate of …..% per year, for which let execution issue. 3. Defendant shall recover from plaintiff the sum of $………. as damages for detention of the property and the sum of $………. as costs, making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: This form should be used when the defendant prevails but the plaintiff has possession of the property. Section 78.21, Florida Statutes (1995), does not provide for an award of attorneys’ fees when the defendant prevails and possession had been temporarily retaken by the plaintiff. Sections 78.21 and 78.19 allow the defendant to recover the property or its value or the value of the defendant’s special interest. Paragraphs 1 and 2 of the form provide to the defendant the option of obtaining either a writ of possession or execution against the plaintiff and plaintiff’s surety on a money judgment for property not recovered and costs. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the defendant elects the writ of possession for the property and the sheriff is unable to find it or part of it, the defendant may immediately have execution against the plaintiff and surety for the whole amount recovered or the amount less the value of the property found by the sheriff. If the defendant elects execution for the whole amount, the officer shall release all property taken under the writ. If the defendant has possession of part of the property, see form 1.995(c). FORM 1.996(a). FINAL JUDGMENT OF FORECLOSURE FINAL JUDGMENT This action was tried before the court. On the evidence presented
IT IS ADJUDGED that: 1. Amounts Due. Plaintiff, …..(name and address)….., is due Principal $………. Interest to date of this judgement ………. Title Search expenses ………. Taxes ………. Attorney’s fees total ………. Court costs, now taxed ………. Other ………. ………. Subtotal $………. LESS: Escrow balance $………. LESS: Other $………. TOTAL $………. That must bear interest at a rate of ………. per year. 2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in ……………….. County, Florida: (describe property) 3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court must sell the property at public sale on …..(date)….., to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at …..(street address of courthouse)….. in ………. County in …..(name of city)….., Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE): ….. At …..(location of sale at courthouse; e.g., north door)….., beginning at …..(time of sale)….. on the prescribed date. ….. By electronic sale beginning at …..(time of sale)….. on the prescribed date at …..(website)…… 4. Costs. Plaintiff must advance all subsequent costs of this action and must be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale must be responsible for the documentary stamps payable on the
certificate of title. If plaintiff is the purchaser, the clerk must credit plaintiff’s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full. 5. Distribution of Proceeds. On filing the certificate of title the clerk must distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court. 6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens must be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, must be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C § 5220, note, or section 83.5615, Florida Statutes, and claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. On the filing of the certificate of title, the person named on the certificate of title must be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or section 83.5615, Florida Statutes. 7. Attorneys’ Fees. [If a default judgment has been entered against the mortgagor] Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable. [If no default judgment has been entered against the mortgagor] The court finds, based on the affidavits/testimony presented and on inquiry of counsel for the plaintiff that ………. hours were reasonably expended by plaintiff’s counsel and that an hourly rate of $………. is appropriate. Plaintiff’s counsel represents that the attorneys’ fees awarded does not exceed its contract fee with the plaintiff. The court finds that there is/are no reduction or enhancement factors for consideration by the court under Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained herein).
[If the fees to be awarded are a flat fee] The requested attorneys’ fees are a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. 8. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. [If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment must additionally contain the following statement in conspicuous type:] IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CONTACT THE CLERK OF THE COURT, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT(INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. ORDERED at ……….., Florida, on …..(date)…… Judge NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an adjudication of junior lienors’ claims nor for redemption by the United States of America if it is a defendant. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla. 4th DCA 1998). Committee Notes 1980 Amendment. The reference to writs of assistance in paragraph 7 is changed to writs of possession to comply with the consolidation of the 2 writs. 2010 Amendment. Mandatory statements of the mortgagee/property owner’s rights are included as required by the 2006 amendment to section 45.031, Florida Statutes. Changes are also made based on 2008 amendments to section 45.031, Florida Statutes, permitting courts to order sale by electronic means. Additional changes were made to bring the form into compliance with chapters 718 and 720 and section 45.0315, Florida Statutes, and to better align the form with existing practices of clerks and practitioners. The breakdown of the amounts due is now set out in column format to simplify calculations. The requirement that the form include the address and social security number of all defendants was eliminated to protect the privacy interests of those defendants and in recognition of the fact that this form of judgment does not create a personal final money judgment against the defendant borrower, but rather an in rem judgment against the property. The address and social security number of the defendant borrower should be
included in any deficiency judgment later obtained against the defendant borrower. 2014 Amendment. These amendments added titles, updated statutory reference to time for right of redemption, and added a paragraph on attorneys’ fees. 2019 Amendment. An amendment to paragraph 6 is intended to notify all involved in mortgage foreclosure proceedings of section 83.561, Florida Statute (2015), Termination of Rental Agreement upon Foreclosure, by adding language from the statute. 2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 12 U.S.C. § 5220, note. FORM 1.996(b). FINAL JUDGMENT OF FORECLOSURE FOR REESTABLISHMENT OF LOST NOTE FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that: 1. Amounts Due. Plaintiff, …..(name and address)….., is due Principal $………. Interest to date of this judgement ………. Title Search expenses ………. Taxes ………. Attorney’s fees total ………. Court costs, now taxed ………. Other ………. ………. Subtotal $………. LESS: Escrow balance ………. LESS: Other ……….
TOTAL $………. That must bear interest at a rate of ………. per year. 2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property ………. County, Florida: (describe property) 3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court must sell the property at public sale on …..(date)….., to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at …..(street address of courthouse).…. in ………. County in …..(name of city)….., Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE): ….. At …..(location of sale at courthouse; e.g., north door)….., beginning at …..(time of sale)….. on the prescribed date. ….. By electronic sale beginning at …..(time of sale)….. on the prescribed date at …..(website)…… 4. Costs. Plaintiff must advance all subsequent costs of this action and must be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale must be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk must credit plaintiff’s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full. 5. Distribution of Proceeds. On filing the certificate of title the clerk must distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court. 6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens must be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, must be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or
section 83.5615, Florida Statutes, and claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. On the filing of the certificate of title, the person named on the certificate of title must be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S. C. § 5220, note, or section 83.5615, Florida Statutes. 7. Attorneys’ Fees. [If a default judgment has been entered against the mortgagor] Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable. [If no default judgment has been entered against the mortgagor] The court finds, based upon the affidavits/testimony presented and upon inquiry of counsel for the plaintiff that ………. hours were reasonably expended by plaintiff’s counsel and that an hourly rate of $ ………. is appropriate. Plaintiff’s counsel represents that the attorney fee awarded does not exceed its contract fee with the plaintiff. The court finds that there are no reduction or enhancement factors for consideration by the court under Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained herein). [If the fees to be awarded are a flat fee] The requested attorneys’ fees are a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. 8. Re-establishment of Lost Note. The court finds that the plaintiff has re-established the terms of the lost note and its right to enforce the instrument as required by applicable law. Plaintiff must hold the defendant(s) maker of the note harmless and must indemnify defendant(s) for any loss defendant(s) may incur by reason of a claim by any other person to enforce the lost note. Adequate protection has been provided as required by law by the following means: …..(identify means of security under applicable law: a written indemnification agreement, a surety bond, include specific detail)…… Judgment is hereby entered in favor of the plaintiff as to its request to enforce the lost note.
9. Jurisdiction Retained. Jurisdiction of this action is retained to enforce the adequate protection ordered and to enter further orders that are proper including, without limitation, a deficiency judgment. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. [If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment must additionally contain the following statement in conspicuous type:] IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT (INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR
ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an adjudication of junior lienors’ claims or for redemption by the United States of America if it is a defendant. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). Committee Note 2014 Amendment. This new form is to be used when the foreclosure judgment re-establishes a lost note. 2019 Amendment. The amendment to paragraph 6 is intended to notify all involved in mortgage foreclosure proceedings of section 83.561, Florida Statutes (2015), Termination of Rental Agreement upon Foreclosure, by adding language from the statute. 2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 12 U.S.C. § 5220, note. FORM 1.996(c). MOTION TO CANCEL AND RESCHEDULE FORECLOSURE SALE Plaintiff moves to cancel and reschedule the mortgage foreclosure sale because: 1. On …..(date)….. this court entered a Final Judgment of Foreclosure pursuant to which a foreclosure sale was scheduled for …..(date)…… 2. The sale needs to be canceled for the following reason(s): a. Plaintiff and defendant are continuing to be involved in loss mitigation;
b. Defendant is negotiating for the sale of the property that is the subject of this matter and plaintiff wants to allow the defendant an opportunity to sell the property and pay off the debt that is due and owing to plaintiff. c. Defendant has entered into a contract to sell the property that is the subject of this matter and plaintiff wants to give the defendant an opportunity to consummate the sale and pay off the debt that is due and owing to plaintiff. d. Defendant has filed a Chapter Petition under the Federal Bankruptcy Code; e. Plaintiff has ordered but has not received a statement of value/appraisal for the property; f. Plaintiff and defendant have entered into a Forbearance Agreement; g. Other 3. If this Court cancels the foreclosure sale, plaintiff moves that it be rescheduled. I hereby certify that a copy of the foregoing motion has been furnished by …..(method of service)….. to …..(name(s))….. on …..(date)…… NOTE. This form is used to move the court to cancel and reschedule a foreclosure sale. FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) I. CASE STYLE (Name of Court) .
Plaintiff Case # Judge vs. Defendant II. AMOUNT OF CLAIM Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose. _____ $8,000 or less _____ $8,001 – $30,000 _____ $30,001- $50,000 _____ $50,001- $75,000 _____ $75,001-$100,000 _____ over $100,000.00 III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines. CIRCUIT CIVIL Condominium Contracts and indebtedness Eminent domain Auto negligence Negligence—other Business governance Business torts Environmental/Toxic tort Third party indemnification Construction defect
Mass tort Negligent security Nursing home negligence Premises liability—commercial Premises liability—residential Products liability ___ Real property/Mortgage foreclosure _____ Commercial foreclosure _____ Homestead residential foreclosure _____ Non-homestead residential foreclosure _____ Other real property actions Professional malpractice Malpractice—business Malpractice—medical Malpractice—other professional Other Antitrust/Trade regulation Business transactions Constitutional challenge—statute or ordinance Constitutional challenge—proposed amendment Corporate trusts Discrimination—employment or other Insurance claims Intellectual property Libel/Slander
Shareholder derivative action Securities litigation Trade secrets Trust litigation COUNTY CIVIL Civil Real Property/Mortgage foreclosure Replevins Evictions Residential Evictions ______ Non-residential Evictions Other civil (non-monetary) IV. REMEDIES SOUGHT (check all that apply): Monetary; Nonmonetary declaratory or injunctive relief; Punitive V. NUMBER OF CAUSES OF ACTION: [ ] (Specify) VI. IS THIS CASE A CLASS ACTION LAWSUIT? yes no VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? no yes If “yes,” list all related cases by name, case number, and court.
VIII. IS JURY TRIAL DEMANDED IN COMPLAINT? yes no IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE? yes no I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of General Practice and Judicial Administration 2.425. Signature Fla. Bar # Attorney or party (Bar # if attorney) (type or print name) Date FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET Plaintiff must file this cover sheet with the first document filed in the action or proceeding (except small claims cases, probate, or family cases). Domestic and juvenile cases should be accompanied by a completed Florida Family Law Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil cover sheet in any civil case other than those excepted above may result in sanctions. I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned (if applicable), and the name (last, first, middle initial) of plaintiff(s) and defendant(s). II. Amount of Claim. Enter the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose.
III. Type of Case. Place an “X” on the appropriate line. If the cause fits more than one type of case, select the most definitive. If the most definitive label is a subcategory (indented under a broader category label), place an “X” on the category and subcategory lines. Definitions of the cases are provided below in the order they appear on the form. Circuit Civil (A) Condominium—all civil lawsuits pursuant to Chapter 718, Florida Statutes, in which a condominium association is a party. (B) Contracts and indebtedness—all contract actions relating to promissory notes and other debts, including those arising from the sale of goods, but excluding contract disputes involving condominium associations. (C) Eminent domain—all matters relating to the taking of private property for public use, including inverse condemnation by state agencies, political subdivisions, or public service corporations. (D) Auto negligence—all matters arising out of a party’s allegedly negligent operation of a motor vehicle. (E) Negligence—other—all actions sounding in negligence, including statutory claims for relief on account of death or injury, that are not included in other main categories. (F) Business governance—all matters relating to the management, administration, or control of a company. (G) Business torts—all matters relating to liability for economic loss allegedly caused by interference with economic or business relationships. (H) Environmental/Toxic tort—all matters relating to claims that violations of environmental regulatory provisions or exposure to a chemical caused injury or disease. (I) Third party indemnification—all matters relating to liability transferred to a third party in a financial relationship. (J) Construction defect—all civil lawsuits in which damage or injury was allegedly caused by defects in the construction of a structure. (K) Mass tort—all matters relating to a civil action involving numerous plaintiffs against one or more defendants. (L) Negligent security—all matters involving injury to a person or property allegedly resulting from insufficient security.
(M) Nursing home negligence—all matters involving injury to a nursing home resident resulting from negligence of nursing home staff or facilities. (N) Premises liability—commercial—all matters involving injury to a person or property allegedly resulting from a defect on the premises of a commercial property. (O) Premises liability—residential—all matters involving injury to a person or property allegedly resulting from a defect on the premises of a residential property. (P) Products liability—all matters involving injury to a person or property allegedly resulting from the manufacture or sale of a defective product or from a failure to warn. (Q) Real property/Mortgage foreclosure—all matters relating to the possession, title, or boundaries of real property. All matters involving foreclosures or sales of real property, including foreclosures associated with condominium associations or condominium units. (The amount of claim specified in Section II. of the form determines the filing fee pursuant to section 28.241, Florida Statutes.) (R) Commercial foreclosure—all matters relating to the termination of a business owner’s interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property. (S) Homestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption. (T) Nonhomestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption. (U) Other real property actions—all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure. (V) Professional malpractice—all professional malpractice lawsuits. (W) Malpractice—business—all matters relating to a business’s or business person’s failure to exercise the degree of care and skill that someone in the same line of work would use under similar circumstances.
(X) Malpractice—medical—all matters relating to a doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. (Y) Malpractice—other professional—all matters relating to negligence of those other than medical or business professionals. (Z) Other—all civil matters not included in other categories. (AA) Antitrust/Trade regulation—all matters relating to unfair methods of competition or unfair or deceptive business acts or practices. (AB) Business transactions—all matters relating to actions that affect financial or economic interests. (AC) Constitutional challenge—statute or ordinance—a challenge to a statute or ordinance, citing a violation of the Florida Constitution. (AD) Constitutional challenge—proposed amendment—a challenge to a legislatively initiated proposed constitutional amendment, but excluding challenges to a citizen-initiated proposed constitutional amendment because the Florida Supreme Court has direct jurisdiction of such challenges. (AE) Corporate trusts—all matters relating to the business activities of financial services companies or banks acting in a fiduciary capacity for investors. (AF) Discrimination—employment or other—all matters relating to discrimination, including employment, sex, race, age, handicap, harassment, retaliation, or wages. (AG) Insurance claims—all matters relating to claims filed with an insurance company. (AH) Intellectual property—all matters relating to intangible rights protecting commercially valuable products of the human intellect. (AI) Libel/Slander—all matters relating to written, visual, oral, or aural defamation of character. (AJ) Shareholder derivative action—all matters relating to actions by a corporation’s shareholders to protect and benefit all shareholders against corporate management for improper management. (AK) Securities litigation—all matters relating to the financial interest or instruments of a company or corporation.
(AL) Trade secrets—all matters relating to a formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors. (AM) Trust litigation—all civil matters involving guardianships, estates, or trusts and not appropriately filed in probate proceedings. County Civil (AN) Civil – all matters involving claims ranging from $8,001 through $30,000 in damages, exclusive of interest, costs, and attorney fees. (AO) Real property/Mortgage foreclosure-all matters involving claims up to $30,000 relating to the possession, title, or boundaries of real property. All matters involving foreclosures or sales of real property up to $30,000, including foreclosures associate with condominium associations or condominium units. (AP) Replevins—all lawsuits pursuant to Chapter 78, Florida Statutes, involving claims up to $30,000. (AQ) Evictions—all matters involving the recovery of possession of leased land or rental property by process of law. (AR) Other civil (non-monetary)—includes all other non-monetary county civil matters that were not described in other county civil categories. IV. Remedies Sought. Place an “X” on the appropriate line. If more than one remedy is sought in the complaint or petition, check all that apply. V. Number of Causes of Action. If the complaint or petition alleges more than one cause of action, note the number and the name of the cause of action. VI. Class Action. Place an “X” on the appropriate line. VII. Related Cases. Place an “X” on the appropriate line. VIII. Is Jury Trial Demanded In Complaint? Check the appropriate line to indicate whether a jury trial is being demanded in the complaint. IX. Sexual Abuse. Plan an “X” on the appropriate line. ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly the name of the person signing the civil cover sheet. Attorneys must include a Florida Bar number. Insert the date the civil cover sheet is signed. Signature is a certification that the filer has provided accurate information on the civil cover sheet, and has read and complied with the requirements of Florida Rule of General Practice and Judicial Administration 2.425.
FORM 1.998. FINAL DISPOSITION FORM This form shall be filed by the prevailing party with the Clerk of Court for the purpose of reporting uniform case data pursuant to Florida Statutes section 25.075. (See instructions on the reverse of the form.) I. CASE STYLE (Name of Court) . Plaintiff Case # Judge vs. Defendant II. AMOUNT OF FINAL JUDGMENT Please indicate the amount of the final judgment, rounded to the nearest dollar. $ III. MEANS OF FINAL DISPOSITION (Place an “x” in one box for major category and one subcategory, if applicable, only) Dismissed Before Hearing Dismissed Pursuant to Settlement—Before Hearing Dismissed Pursuant to Mediated Settlement—Before Hearing Other—Before Hearing Dismissed After Hearing Dismissed Pursuant to Settlement—After Hearing Dismissed Pursuant to Mediated Settlement—After Hearing Other After Hearing—After Hearing Disposed by Default Disposed by Judge Disposed by Non-jury Trial
Disposed by Jury Trial Other DATE SIGNATURE OF ATTORNEY FOR PREVAILING PARTY
INSTRUCTIONS FOR ATTORNEYS COMPLETING FINAL DISPOSITION FORM I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned to the case and the names (last, first, middle initial) of plaintiff(s) and defendant(s). II. Amount of Final Judgment. Enter the amount as recorded in the final judgment. III. Means of Final Disposition. Place an “x” in the appropriate major category box and in the appropriate subcategory box, if applicable. The following are the definitions of the disposition categories. (A) Dismissed Before Hearing—the case is settled, voluntarily dismissed, or otherwise disposed of before a hearing is held; (B) Dismissed Pursuant to Settlement—Before Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reached without mediation before a hearing is held; (C) Dismissal Pursuant to Mediated Settlement—Before Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reached with mediation before a hearing is held; (D) Other—Before Hearing—the case is dismissed before hearing in an action that does not fall into one of the other disposition categories listed on this form; (E) Dismissed After Hearing—the case is dismissed by a judge, voluntarily dismissed, or settled after a hearing is held; (F) Dismissal Pursuant to Settlement—After Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reach without mediation after a hearing is held; (G) Dismissal Pursuant to Mediated Settlement—After Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reach with mediation after a hearing is held; (H) Other—After Hearing—the case is dismissed after hearing in an action that does not fall into one of the other disposition categories listed on this form;
(I) Disposed by Default—a defendant chooses not to or fails to contest the plaintiff’s allegations and a judgment against the defendant is entered by the court; (J) Disposed by Judge—a judgment or disposition is reached by the judge in a case that is not dismissed and in which no trial has been held. Includes stipulations by the parties, conditional judgments, summary judgment after hearing and any matter in which a judgment is entered excluding cases disposed of by default as in category (I) above; (K) Disposed by Non-Jury Trial—the case is disposed as a result of a contested trial in which there is no jury and in which the judge determines both the issues of fact and law in the case; (L) Disposed by Jury Trial—the case is disposed as a result of a jury trial (consider the beginning of a jury trial to be when the jurors and alternates are selected and sworn); (M) Other—the case is consolidated, submitted to arbitration or mediation, transferred, or otherwise disposed of by other means not listed in categories (A) through (L). DATE AND ATTORNEY SIGNATURE. Date and sign the final disposition form. FORM 1.999. ORDER DESIGNATING A CASE COMPLEX This form order is for designating a case complex under rule 1.201 and directing the clerk of court to update the court’s records and to report the case activity to the Supreme Court. ORDER DESIGNATING CASE A “COMPLEX CASE” DIRECTIONS TO THE CLERK OF COURT THIS CAUSE was considered on [the court’s own motion] [the motion of a party] to designate this case a “complex case” as defined in rule 1.201, Fla. R. Civ. P. Being fully advised in the circumstances, the court determines that the case meets the criteria for proceeding under the rule and designates it as a “complex case.” The clerk of the court shall designate this case a “complex case,” update the court’s records accordingly, and report such designation and the case activity to the Supreme Court pursuant to section 25.075, Florida Statutes, and rule 2.245(a), Fla. R. Gen. Prac. & Jud. Admin. DONE AND ORDERED at ………. County, Florida, on …..(date)……
Judge APPENDIX I— STANDARD INTERROGATORIES FORMS FORM 1. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO PLAINTIFF (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. List the names, business addresses, dates of employment, and rates of pay regarding all employers, including self-employment, for whom you have worked in the past 10 years. 3. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, your date of birth, and, if you are or have ever been married, the name of your spouse or spouses. 4. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? 5. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 6. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness? 7. Did you consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 8. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident.
9. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 10. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding this charge, and, if so, what is the name and address of the person or entity that prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? 11. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and, as to any injuries you contend are permanent, the effects on you that you claim are permanent. 12. List each item of expense or damage, other than loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the complaint, giving for each item the date incurred, the name and business address of the person or entity to whom each was paid or is owed, and the goods or services for which each was incurred. 13. Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount and the method that you used in computing the amount. 14. Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories? If so, state the amounts paid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third parties have or claim a right of subrogation. 15. List the names and business addresses of each physician who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. 16. List the names and business addresses of all other physicians, medical facilities, or other health care providers by whom or at which you have been examined or treated in the past 10 years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated.
17. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 18. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. 19. State the name and address of every person known to you, your agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, audio recording, visual recording, audiovisual recording, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 20. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 21. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. 22. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. FORM 2. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO DEFENDANT (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed?
2. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, and your date of birth. 3. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 4. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in plaintiff’s complaint, detailing as to such policies the name of the insurer, the number of the policy, the effective dates of the policy, the available limits of liability, and the name and address of the custodian of the policy. 5. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 6. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 7. State the facts upon which you rely for each affirmative defense in your answer. 8. Do you contend any person or entity other than you is, or may be, liable in whole or part for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention. 9. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding the charge, and, if so, what is the name and address of the person or entity who prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? 10. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge.
11. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. 12. State the name and address of every person known to you, your agents, or your attorneys who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, audio recording, visual recording, audiovisual recording, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 13. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 14. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. 15. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. FORM 3. MEDICAL MALPRACTICE — INTERROGATORIES TO PLAINTIFF (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.) 23. Do you contend that you have experienced any injury or illness as a result of any negligence of this defendant? If so, state the date that each such injury occurred, a description of how the injury was caused, and the exact nature of each such injury. 24. What condition, symptom, or illness caused you to obtain medical care and treatment from this defendant?
25. Do you claim this defendant neglected to inform or instruct or warn you of any risk relating to your condition, care, or treatment? If so, state of what, in your opinion, the defendant failed to inform, instruct, or warn you. 26. If you contend that you were not properly informed by this defendant regarding the risk of the treatment or the procedure performed, state what alternative treatment or procedure, if any, you would have undergone had you been properly informed. 27. State the date and place and a description of each complaint for which you contend the defendant refused to attend or treat you. 28. State the date you became aware of the injuries sued on in this action, and describe in detail the circumstances under which you became aware of each such injury; state the date you became aware that the injuries sued on in this action were caused or may have been caused by medical negligence; and describe in detail the circumstances under which you became aware of the cause of said injuries. 29. State the name and address of every person or organization to whom you have given notice of the occurrence sued on in this case because you, your agents, or your attorneys believe that person or organization may be liable in whole or in part to you. FORM 4. MEDICAL MALPRACTICE — INTERROGATORIES TO DEFENDANT (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Defendant.) NOTE: When the word “Plaintiff” is mentioned, these interrogatories are directed to be answered regarding (name of plaintiff/patient). 16. Please give us your entire educational background, starting with your college education and chronologically indicating by date and place each school, college, course of study, title of seminars, length of study, and honors received by you up to the present time, including internships, residencies, degrees received, licenses earned or revoked, medical specialty training, board memberships, authorship of any books, articles, or texts, including the names of those writings and their location in medical journals, awards or honors received, and continuing medical education. 17. Please give us your entire professional background up to the present time, including dates of employment or association, the names of all physicians with whom you have practiced, the form of employment or business relationship such as whether by partnership, corporation, or sole
proprietorship, and the dates of the relationships, including hospital staff privileges and positions, and teaching experience. 18. With respect to your office library or usual place of work, give us the name, author, name of publisher, and date of publication of every medical book or article, journal, or medical text to which you had access, which deals with the overall subject matter described in paragraph [whatever paragraph number that concerns negligence] of the complaint. (In lieu of answering this interrogatory you may allow plaintiff’s counsel to inspect your library at a reasonable time.) 19. If you believe there was any risk to the treatment you rendered to the plaintiff, state the nature of all risks, including whether the risks were communicated to the plaintiff; when, where, and in what manner they were communicated; and whether any of the risks in fact occurred. 20. Tell us your experience in giving the kind of treatment or examination that you rendered to the plaintiff before it was given to the plaintiff, giving us such information as the approximate number of times you have given similar treatment or examinations, where the prior treatment or examinations took place, and the successful or unsuccessful nature of the outcome of that treatment or those examinations. 21. Please identify, with sufficient particularity to formulate the basis of a request to produce, all medical records of any kind of which you are aware which deal with the medical treatment or examinations furnished to the plaintiff at any time, whether by you or another person or persons. 22. Please state whether any claim for medical malpractice has ever been made against you alleging facts relating to the same or similar subject matter as this lawsuit, and, if so, state as to each such claim the names of the parties, the claim number, the date of the alleged incident, the ultimate disposition of the claim, and the name of your attorney, if any. FORM 5. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO PLAINTIFF (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.) 23. At the time of the incident described in the complaint, were you wearing a seat belt? If not, please state why not; where you were seated in the vehicle; and whether the vehicle was equipped with a seat belt that was operational and available for your use. 24. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the
incident? If so, describe the nature of the defect and how it contributed to the incident. FORM 6. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO DEFENDANT (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Defendant.) 16. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? 17. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness? 18. Did you consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 19. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the incident? If so, describe the nature of the defect and how it contributed to the incident. 20. List the name and address of all persons, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint; and describe both the nature of the ownership interest or right to control the vehicle, and the vehicle itself, including the make, model, year, and vehicle identification number. 21. At the time of the incident described in the complaint, did the driver of the vehicle described in your answer to the preceding interrogatory have permission to drive the vehicle? If so, state the names and addresses of all persons who have such permission. 22. At the time of the incident described in the complaint, was the defendant driver engaged in any mission or activity for any other person or entity, including any employer? If so, state the name and address of that person or entity and the nature of the mission or activity. 23. Was the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint damaged in the incident, and, if so, what was the cost to repair the damage?
APPENDIX II STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS IN CIVIL ACTIONS Purpose and Application. These guidelines are advisory only. The taxation of costs in any particular proceeding is within the broad discretion of the trial court. The trial court should exercise that discretion in a manner that is consistent with the policy of reducing the overall costs of litigation and of keeping such costs as low as justice will permit. With this goal in mind, the trial court should consider and reward utilization of innovative technologies by a party which subsequently minimizes costs and reduce the award when use of innovation technologies that were not used would have resulted in lowering costs. In addition, these guidelines are not intended to (1) limit the amount of costs recoverable under a contract or statute, or (2) prejudice the rights of any litigant objecting to an assessment of costs on the basis that the assessment is contrary to applicable substantive law. Burden of Proof. Under these guidelines, it is the burden of the moving party to show that all requested costs were reasonably necessary either to defend or prosecute the case at the time the activity precipitating the cost was undertaken. I. Litigation Costs That Should Be Taxed. A. Depositions 1. The original and one copy of the deposition and court reporter’s per diem for all depositions. 2. The original and/or one copy of the electronic deposition, including audiovisually recorded depositions, and the cost of the services of a technician for electronic depositions used at trial. 3. Telephone toll and electronic conferencing charges for the conduct of telephone and electronic depositions. B. Documents and Exhibits 1. The costs of copies of documents filed (in lieu of “actually cited”) with the court, which are reasonably necessary to assist the court in reaching a conclusion. 2. The costs of copies obtained in discovery, even if the copies were not used at trial. C. Expert Witnesses
1. A reasonable fee for deposition and/or court testimony, and the costs of preparation of any court ordered report. D. Witnesses 1. Costs of subpoena, witness fee, and service of witnesses for deposition and/or trial. E. Court Reporting Costs Other than for Depositions 1. Reasonable court reporter’s per diem for the reporting of evidentiary hearings, trial and post-trial hearings. F. Reasonable Charges Incurred for Requiring Special Magistrates, Guardians Ad Litem, and Attorneys Ad Litem G. Filing Fees and Service of Process Fees. II. Litigation Costs That May Be Taxed as Costs. A. Mediation/Nonbinding Arbitration Fees and Expenses 1. Costs of mediation, including mediator fees. 2. Costs of court-ordered nonbinding arbitration, including arbitrator fees. B. Reasonable Travel Expenses 1. Reasonable travel expenses of expert when traveling in excess of 100 miles from the expert’s principal place of business (not to include the expert’s time). 2. Reasonable travel expenses of witnesses. C. Electronic Discovery Expenses 1. The cost of producing copies of relevant electronic media in response to a discovery request. 2. The cost of converting electronically stored information to a reasonably usable format in response to a discovery request that seeks production in such format. D. Testifying Expert Witnesses. 1. A reasonable fee for conducting examinations, investigations, tests, and research and preparing reports.
2. A reasonable fee for testimony at court-ordered nonbinding arbitration. 3. A reasonable fee for preparing for deposition, court-ordered nonbinding arbitration, and/or court testimony. III. Litigation Costs That Should Not Be Taxed as Costs. A. The Cost of Long Distance Telephone Calls with Witnesses, both Expert and Non-Expert (including conferences concerning scheduling of depositions or requesting witnesses to attend trial) B. Any Expenses Relating to Consulting But Non-Testifying Experts C. Cost Incurred in Connection with Any Matter Which Was Not Reasonably Calculated to Lead to the Discovery of Admissible Evidence D. Travel Time 1. Travel time of attorney(s). 2. Travel time of expert(s). E. Travel Expenses of Attorney(s) F. The Cost of Privilege Review of Documents, including Electronically Stored Information.
Infographic — Rule 1.900 at a Glance
Lawyer-to-Lawyer Co-Counsel Referrals
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This page summarizes a Florida Rule of Civil Procedure for educational purposes. The rule text and Committee Notes are mirrored from the Florida Bar’s official publication and are public domain. The plain-English summary is the opinion of Phillips, Hunt & Walker and is general information only — not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee a similar outcome in your case.
Rule Text (verbatim from the Florida Supreme Court)
(a) Process. The following forms of process, notice of lis pendens, and notice of action are sufficient. Variations from the forms do not void process or notices that are otherwise sufficient. (b) Other Forms. The other forms are sufficient for the matters that are covered by them. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case. (c) Formal Matters. Captions, except for the designation of the document, are omitted from the forms. A general form of
caption is the first form. Signatures are omitted from pleadings and motions.
FORM 1.901. CAPTION (a) General Form (name of court) A.B., ) Plaintiff, ) ) -vs- ) No. ………. C.D., ) Defendant ) ) (designation of pleading) (b) Petition. (name of court) In re the Petition ) A.B for (type of ) No. ………. relief) ) PETITION FOR (type of relief) (c) In rem proceedings. (name of court) In re (name of general ) description of property) ) No. ………. (designation of pleading) (d) Forfeiture proceedings. (name of court) In re (name or general ) description of property) ) No. ……….
Educational reference. This page summarizes a Florida Rule of Civil Procedure for educational purposes. The rule text and Committee Notes are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary is the opinion of Phillips, Hunt & Walker and is general information only — not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee a similar outcome in your case.
What this rule means in plain English
Florida Rule of Civil Procedure 1.900 — Forms — sets out the procedural requirements for this aspect of Florida civil practice. (a) Process. The following forms of process, notice of lis pendens, and notice of action are sufficient. Variations from the forms do not void process or notices that are otherwise sufficient. (b) Other Forms. The other forms are sufficient for the matters that are covered by them.
Committee Notes (verbatim)
1980 Amendment. Subdivision (b) is added to show the form of caption for a petition.
2010 Amendment. Subdivision (c) and (d) are added to show the form of caption for in rem proceedings, including in rem forfeiture proceedings. FORM 1.902. SUMMONS (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 action on defendant ……….. Each defendant is required to serve written defenses to the complaint or petition on ………., plaintiff’s attorney, whose address is ………., within 20 days1 after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff’s attorney or immediately after service. A defendant may either file the response electronically by using the Florida Courts E-filing Portal (MyFLCourtAccess.com), or by filing the written response with the clerk of court. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. DATED on ………. (Name of Clerk) As Clerk of the Court By . As Deputy Clerk (b) Form for Personal Service on Natural Person. SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: 1 Except when suit is brought under section 768.28, Florida Statutes, if the State of Florida, one of its agencies, or one of its officials or employees sued in the official’s or employee’s official capacity is a defendant, the time to be inserted as to it is 40 days. When suit is brought under section 768.28, Florida Statutes, the time to be inserted is 30 days.
YOU ARE COMMANDED to serve this summons and a copy of the complaint in this lawsuit on defendant ……….. DATED on ……….. CLERK OF THE CIRCUIT COURT (SEAL) (Name of Clerk) As Clerk of the Court By . As Deputy Clerk IMPORTANT 1. A lawsuit has been filed against you. 2. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint with the clerk of this court. If you choose to file a written response yourself, you may either file the response electronically by using the Florida Courts E-filing Portal (MyFLCourtAccess.com) or by filing the written response with the clerk of court. 3. A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the court to hear your side of the case. 4. If you do not file your response on time, you may lose the case, and your wages, money, and property may be taken without further warning from the court. There may be other legal requirements. 5. You may want to call an attorney right away. If you do not know an attorney, you can contact the Lawyer Referral Service listed on The Florida Bar’s website (floridabar.org). If you cannot afford a lawyer, you may be eligible for free legal aid. You can locate legal aid programs by searching for “legal aid” on The Florida Bar’s website. 6. If you file your written response directly with the clerk of court, you must also send a copy of your written response to the “Plaintiff/Plaintiff’s Attorney” named below. 7. You must include an e-mail address in your written response, unless the clerk excuses you from electronic service under Florida Rule of General Practice and Judicial Administration 2.516. A party not represented by
an attorney may be excused from e-mail service by filing Florida Rule of General Practice and Judicial Administration form 2.601 with the clerk. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Plaintiff/Plaintiff’s Attorney Attorney’s Name: ………. Address: ………. Telephone Number: ………. E-mail Address: ………. Florida Bar No. ………. (c) Forms for Service by Mail; Registered Mail. (1) Notice of Lawsuit and Request for Waiver of Service of Process. NOTICE OF COMMENCEMENT OF ACTION TO: (Name of defendant or defendant’s representative) A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. The complaint has been filed in the (Circuit or County) Court for the ………. and has been assigned case no. ………. This is not a formal summons or notification from the court, but is rather my request that you sign the enclosed waiver of service of process form in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within 20 days (30 days if you do not reside in the United States) after the date you receive this notice and request for waiver. I have enclosed a stamped self-addressed envelope for your use. An extra copy of the notice and request, including the waiver, is also attached for your records. If you comply with this request and return the signed waiver, it will be filed with the court and no summons will be served on you. The lawsuit will then proceed as if you had been served on the date the waiver is filed, except
that you will not be obligated to respond to the complaint until 60 days after the date on which you received the notice and request for waiver. If I do not receive the signed waiver within 20 days from the date you received the notice and the waiver of service of process form, formal service of process may be initiated in a manner authorized by the Florida Rules of Civil Procedure. You (or the party on whose behalf you are addressed) will be required to pay the full cost of such service unless good cause is shown for the failure to return the waiver of service. I hereby certify that this notice of lawsuit and request for waiver of service of process has been sent to you on behalf of the plaintiff on …..(date)…… Plaintiff’s Attorney or Unrepresented Plaintiff (2) Waiver of Service of Process. WAIVER OF SERVICE OF PROCESS TO: (Name of plaintiff’s attorney or unrepresented plaintiff) I acknowledge receipt of your request that I waive service of process in the lawsuit of ……… v. ……… in the ……… Court in ……… I have also received a copy of the complaint, 2 copies of this waiver, and a means by which I can return the signed waiver to you without cost to me. I agree to save the cost of service of process and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by Florida Rule of Civil Procedure 1.070. If I am not the defendant to whom the notice of lawsuit and waiver of service of process was sent, I declare that my relationship to the entity or person to whom the notice was sent and my authority to accept service on behalf of such person or entity is as follows: (describe relationship to person or entity and authority to accept service) I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for any objections based on a defect in the summons or in the service of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf I am acting) if a written response is not served on you within 60 days from the date I received the notice of lawsuit and request for waiver of service of process. DATED on ……………. Defendant or Defendant’s Representative Committee Notes 1988 Amendment. Two forms are now provided: 1 for personal service on natural persons and 1 for other service by summons. The new form for personal service on natural persons is included to ensure awareness by defendants or respondents of their obligations to respond. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes. The former, general summons form is to be used for all other service by summons, including service under sections 48.061 (service on partnership), 48.071 (service on agents of nonresidents doing business in the state), 48.081 (service on corporation), 48.101 (service on dissolved corporations), 48.111 (service on public agencies or officers), 48.121 (service on the state), 48.131 (service on alien property custodian), 48.141 (service on labor unions), 48.151 (service on statutory agents for certain purposes), Florida Statutes, and all statutes providing for substituted service on the secretary of state. The form for personal service on natural persons contains Spanish and French versions of the English text to ensure effective notice on all Floridians. In the event of space problems in the summons form, the committee recommends that the non-English portions be placed on the reverse side of the summons. 1992 Amendment. (b): The title is amended to eliminate confusion by the sheriffs in effecting service. 1996 Amendment. Form 1.902(c) was added for use with rule 1.070(i).
2007 Amendment. Subdivision (a) is amended to conform form 1.902 to the statutory requirements of sections 48.111, 48.121, and 768.28, Florida Statutes. The form is similar to Federal Rule of Civil Procedure Form 1. FORM 1.903. CROSSCLAIM SUMMONS CROSSCLAIM SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the crossclaim in this action on defendant ………. Each crossclaim defendant is required to serve written defenses to the crossclaim on ………., defendant’s attorney, whose address is ………., and on ………., plaintiff’s attorney, whose address is………., within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a crossclaim defendant fails to do so, a default will be entered against that defendant for the relief demanded in the crossclaim. DATED on: ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk FORM 1.904. THIRD-PARTY SUMMONS THIRD-PARTY SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the third- party complaint or petition in this action on third-party defendant, ………. Each third-party defendant is required to serve written defenses to the third-party complaint or petition on ……….., plaintiff’s attorney, whose address is ………., and on ………., defendant’s attorney, whose address is ………., within 20 days after service of this summons on that defendant, exclusive of the date of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a third-
party defendant fails to do so, a default will be entered against that defendant for the relief demanded in the third-party complaint or petition. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk FORM 1.905. ATTACHMENT WRIT OF ATTACHMENT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to attach and take into custody so much of the lands, tenements, goods, and chattels of defendant, ………., as is sufficient to satisfy the sum of $……….and costs. ORDERED at ………., Florida, on …..(date)…… Judge Committee Notes 1980 Amendment. The direction is modernized and the combination with the summons deleted. A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979). FORM 1.906. ATTACHMENT — FORECLOSURE WRIT OF ATTACHMENT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to take and hold the following described property: (describe property) or so much of it as can be found sufficient to satisfy the debt to be foreclosed.
ORDERED at ……………….., Florida, on …..(date)…… Judge Committee Notes 1980 Amendment. The direction is modernized and the combination with the summons deleted. A writ of attachment must now be issued by a judge under section 76.03, Florida Statutes (1979). FORM 1.907. GARNISHMENT (a) Writ of Garnishment. WRIT OF GARNISHMENT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to summon the garnishee, ………. to serve an answer to this writ on ………., plaintiff’s attorney, whose address is , ………. within 20 days after service on the garnishee, exclusive of the day of service, and to file the original with the clerk of this court either before service on the attorney or immediately thereafter, stating whether the garnishee is indebted to defendant, ………., at the time of the answer or was indebted at the time of service of the writ, or at any time between such times, and in what sum and what tangible and intangible personal property of the defendant the garnishee is in possession or control of at the time of the answer or had at the time of service of this writ, or at any time between such times, and whether the garnishee knows of any other person indebted to the defendant or who may be in possession or control of any of the property of the defendant. The amount set in plaintiff’s motion is $………. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk (b) Continuing Writ of Garnishment against Salary or Wages. CONTINUING WRIT OF GARNISHMENT AGAINST SALARY OR WAGES
THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to summon the garnishee, ………., whose address is ………., who is required to serve an answer to this writ on ………., plaintiff’s attorney, whose address is ……….,, within 20 days after service of this writ, exclusive of the day of service, and to file the original with the clerk of court either before service on the attorney or immediately thereafter. The answer shall state whether the garnishee is the employer of the defendant,………. and whether the garnishee is indebted to the defendant by reason of salary or wages. The garnishee’s answer shall specify the periods of payment (for example, weekly, biweekly, or monthly) and amount of salary or wages and be based on the defendant’s earnings for the pay period during which this writ is served on the garnishee. During each pay period, a portion of the defendant’s salary or wages as it becomes due shall be held and not disposed of or transferred until further order of this court. The amount of salary or wages to be withheld for each pay period shall be made in accordance with the following paragraph. This writ shall continue until the plaintiff’s judgment is paid in full or until otherwise provided by court order. Federal law (15 U.S.C. §§1671–1673) limits the amount to be withheld from salary or wages to no more than 25% of any individual defendant’s disposable earnings (the part of earnings remaining after the deduction of any amounts required by law to be deducted) for any pay period or to no more than the amount by which the individual’s disposable earnings for the pay period exceed 30 times the federal minimum hourly wage, whichever is less. For administrative costs, the garnishee may collect $………. against the salary or wages of the defendant for the first deduction and $………. for each deduction thereafter. The total amount of the final judgment outstanding as set out in the plaintiff’s motion is $……….. FAILURE TO FILE AN ANSWER WITHIN THE TIME REQUIRED MAY RESULT IN THE ENTRY OF JUDGMENT AGAINST THE GARNISHEE FOR THE ABOVE TOTAL AMOUNT OF $………. ORDERED at ……….,, Florida, on …..(date)…… (Name of Clerk) As Clerk of the Court By As Deputy Clerk
Committee Notes 1992 Amendment. This form is to be used to effectuate section 77.0305, Florida Statutes. 1996 Amendment. The following was adopted as a committee note, with no changes to the text of the forms: Both forms 1.907(a) and (b) are for use after judgment has been entered against a defendant. If a plaintiff seeks a writ of garnishment before judgment is entered, notice to the defendant of the right to an immediate hearing under sections 73.031 and 77.07, Florida Statutes, must be included in the writ and served on the defendant. FORM 1.908. WRIT OF REPLEVIN WRIT OF REPLEVIN THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to replevy the goods and chattels in possession of the defendant, ………., described as follows: (describe property) and to dispose of it according to law. Dated on………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1980 Amendment. The form is amended in accordance with the statutory changes as a result of Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972). The sheriff is commanded to dispose of the property according to law because of the conflict between sections 78.068(4) and 78.13, Florida Statutes (1979). The former apparently contemplates that the sheriff will hold the property for 5 days within which the bond can be posted, while the latter retains the old 3-day time period. 1996 Amendment. This amendment only changes the name of the form. FORM 1.909. DISTRESS DISTRESS WRIT
THE STATE OF FLORIDA: To the Sheriff of ………. County, Florida: YOU ARE COMMANDED to serve this writ and a copy of the complaint on defendant ………. This distress writ subjects all property liable to distress for rent on the following property in ………. County, Florida: (describe property) Each defendant is enjoined from damaging, disposing of, secreting, or removing any property liable to be distrained from the rented real property after the time of service of this writ until the sheriff levies on the property or this writ is vacated or the court otherwise orders. If a defendant does not move for dissolution of the writ, the court may order the sheriff to levy on the property liable to distress forthwith after 20 days from the time the complaint in this action is served. The amount claimed in the complaint is the sum of $………. with interest and costs. DATED on ………. Judge Committee Notes 1980 Amendment. This form is substantially revised to comply with the statutory changes in section 83.12, Florida Statutes, as amended in 1980 to overcome the unconstitutionality of distress proceedings. See Phillips v. Guin & Hunt, Inc., 344 So. 2d 568 (Fla. 1977). Because the revision is substantial, no struck-through or underscored type is indicated. FORM 1.910. SUBPOENA FOR TRIAL (a) For Issuance by Clerk. SUBPOENA THE STATE OF FLORIDA: TO ……….: YOU ARE COMMANDED to appear before the Honorable ………., Judge of the Court, at the ………. County Courthouse in ………., Florida, on ………., at ………. (a.m./p.m.), to testify in this action. If you fail to appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ……………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before the Honorable . ………. Judge of the Court, at the ……….County Courthouse in………., Florida, on …..(date)….., at ……(a.m./p.m.), to testify in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed.
DATED on ……………. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Committee Notes 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to comply with amendments to Fla. R. Jud. Admin. 2.540. FORM 1.911. SUBPOENA DUCES TECUM FOR TRIAL (a) For Issuance by Clerk. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before the Honorable ………. Judge of the Court, at the ………. County Courthouse in ………., Florida, on …..(date)….., at ……(a.m./p.m.), to testify in this action and to have with you at
that time and place the following: ………. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ……………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before the Honorable ………., Judge of the Court, at the ………. County Courthouse in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), to testify in this action and to have with
you at that time and place the following: ……….. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Committee Notes 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to comply with amendments to Fla. R. Jud. Admin. 2.540. FORM 1.912. SUBPOENA FOR DEPOSITION (a) For Issuance by Clerk. SUBPOENA FOR DEPOSITION
THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. SUBPOENA FOR DEPOSITION
THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. Committee Notes 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings. FORM 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION (a) For Issuance by Clerk. SUBPOENA DUCES TECUM FOR DEPOSITION THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action and to have with you at that time and place the following: ……….. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify
attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) For Issuance by Attorney of Record. THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear before a person authorized by law to take depositions at ………. in ………., Florida, on …..(date)….., at ………. (a.m./p.m.), for the taking of your deposition in this action and to have with you at that time and place the following: ……….. If you fail to appear, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Any minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except on a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or potential conflict with the interests of the minor. If you are a person with a disability who needs any accommodation in order to participate in this deposition, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address and telephone number] at least 7 days before your scheduled deposition, or immediately upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call 711. Committee Notes 1996 Amendment. Form (b) was added to comply with amendments to rule 1.410. 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings. FORM 1.914(a). EXECUTION EXECUTION THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to levy on the property subject to execution of ………. in the sum of $………. with interest at ……….% a year from …..(date)….., until paid and to have this writ before the court when satisfied. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979). FORM 1.914(b). NOTICE TO APPEAR NOTICE TO APPEAR TO …..(name of third party)….. YOU ARE NOTIFIED that, pursuant to section 56.29, Florida Statutes, proceedings supplementary to satisfy a judgment by application of the following:…..(identify the property, debt, or other obligation due to the judgment debtor)….. in ……….County, Florida have been initiated against you by …..(name of judgment creditor)…… You are required to serve an affidavit …..date….. stating that the [property] [debt] [other obligation] belongs to you.
The affidavit must include any fact or legal defense opposing the application of the [property] [debt] [other obligation] toward the satisfaction of the judgment on …..(name of the judgment creditor, or its attorney, and his/her/its address)……You must file the original affidavit with the clerk of this court either before service on the judgment creditor or immediately thereafter. Legal defenses need not be filed under oath but must be served contemporaneously with the affidavit. If any of your property has been levied on and you choose to oppose the application of the property to be applied toward the satisfaction of the judgment, then you must furnish a bond with surety to be approved by the officer in favor of the judgment creditor. The amount of the bond must be double the value of the goods claimed as the value is fixed by the officer and conditioned to deliver said property on demand of said officer if it is adjudged to be the property of the judgment debtor and to pay the judgment creditor all damages found against you if it appears that the claim was interposed for the purpose of delay. YOU HAVE A RIGHT TO A TRIAL BY JURY TO DETERMINE THE RIGHT TO THE [PROPERTY, DEBT OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTOR]. YOU ARE ENTITLED TO DISCOVERY UNDER THE FLORIDA RULES OF CIVIL PROCEDURE. IF THE COURT OR JURY DETERMINES THAT THE [PROPERTY] [DEBT] [OTHER OBLIGATION] BELONGS TO THE JUDGMENT DEBTOR AND IS SUBJECT TO APPLICATION TOWARD THE SATISFACTION OF ITS JUDGMENT, THEN YOU MAY BE ORDERED TO …..(PAY DAMAGES TO THE JUDGMENT CREDITOR OR SURRENDER THE PROPERTY OR OTHER OBLIGATION DUE TO THE JUDGMENT DEBTOR TO THE JUDGMENT CREDITOR)…… ORDERED at ………., Florida, on….. (date) ….. ______________________ Judge FORM 1.914(c). AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR BEFORE ME, the undersigned authority, appeared…..(name of claimant or claimant’s agent)….., who, after being first duly sworn, deposes and states, under penalty of perjury: 1. I am the ……..(claimant, or identify relationship to claimant)…… 2. I (or claimant) was served with a Notice to Appear on…..(date)……
3. I (or claimant) own(s) and am/is entitled to possession of…..(describe the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear)..… 4. This property should not be applied to satisfy the judgment because…..(state all reasons why the property, debt, or other obligation due to the judgment debtor identified in the Notice to Appear should not be applied to satisfy the judgment)…… 5. (Select a or b) a. I (or claimant) request(s) a trial by jury on all issues so triable. b. I (or claimant) request(s) a non-jury trial on all issues. FURTHER AFFIANT SAYETH NAUGHT. Dated: Signature of Affiant Printed Name:______________________ STATE OF ________________________________ COUNTY OF ______________________________ Sworn to or affirmed and signed before me on this ___ day of ____________________, 20___ by (name of affiant)_________________________, who is personally known to me or who has produced _____________________, as identification and who did take an oath. NOTARY PUBLIC, STATE OF …..(Print, Type or Stamp Commissioned Name of Notary Public) ….. Committee Notes 1980 Amendment. The description of the property to be levied on has to be made general so it encompasses all property subject to execution under section 56.061, Florida Statutes (1979). 2018 Adoption. Form 1.914(c) is used by a claimant to respond to a Notice to Appear under section 56.29(2), Florida Statutes. Legal defenses need not be filed under oath, but must be served contemporaneously with the
affidavit. If the claimant’s property has already been levied upon, he or she may obtain possession of the property by filing with the officer having the execution a copy of this affidavit and by furnishing the officer a bond with surety, as set forth in section 56.16, Florida Statutes. FORM 1.915. WRIT OF POSSESSION WRIT OF POSSESSION THE STATE OF FLORIDA: To the Sheriff of ………. County, Florida: YOU ARE COMMANDED to remove all persons from the following described property in ………. County, Florida: (describe property) and to put ……….. in possession of it. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1973 Amendment. The form is changed to make the direction conform to the statutory requirement in section 48.011, Florida Statutes. 1980 Amendment. The direction on this form is changed to the sheriff of the county where the property is located, and the conclusion is modernized. FORM 1.916. REPLEVIN ORDER TO SHOW CAUSE ORDER TO SHOW CAUSE THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this order on defendant, ………., by personal service as provided by law, if possible, or, if you are unable to personally serve defendant within the time specified, by placing a copy of this order with a copy of the summons on the claimed property located at ………., Florida, at least 5 days before the hearing scheduled below, excluding the day of service and intermediate Saturdays, Sundays, and legal holidays.
Nonpersonal service as provided in this order shall be effective to afford notice to defendant of this order, but for no other purpose. Defendant shall show cause before the Honorable ………., on …..(date)….., at ……m. in the ……….. County Courthouse in ………., Florida, why the property claimed by plaintiff in the complaint filed in this action should not be taken from the possession of defendant and delivered to plaintiff. Defendant may file affidavits, appear personally or with an attorney and present testimony at the time of the hearing, or, on a finding by the court pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled to possession of the property described in the complaint pending final adjudication of the claims of the parties, file with the court a written undertaking executed by a surety approved by the court in an amount equal to the value of the property to stay an order authorizing the delivery of the property to plaintiff. If defendant fails to appear as ordered, defendant shall be deemed to have waived the right to a hearing. The court may thereupon order the clerk to issue a writ of replevin. ORDERED at ……….., Florida, on …..(date)…… Judge Committee Notes 1980 Adoption. Former form 1.916 is repealed because of the consolidation of writs of assistance with writs of possession. The new form is the replevin order to show cause prescribed by section 78.065, Florida Statutes (1979). 1996 Amendment. This form is amended to provide for service at least 5 days before the show cause hearing, rather than by a specified date. FORM 1.917. NE EXEAT WRIT OF NE EXEAT THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to detain the defendant, ………. and to require the defendant to give bond in the sum of $………. payable to the Governor of Florida and the Governor’s successors in office conditioned that the defendant will answer plaintiff’s pleading in this action and will not depart from the state without leave of court and will comply with the lawful orders of this court, with
sureties to be approved by the clerk of this court. If the defendant does not give the bond, the defendant shall be taken into custody and be confined in the ………. County jail until the defendant gives the bond or until further order of this court. If the defendant does not give the bond, the defendant shall be brought before a judge of this court within 24 hours of confinement. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1976 Amendment. See 1976 Op. Att’y Gen. Fla. 076-13 (Jan. 23, 1976). FORM 1.918. LIS PENDENS NOTICE OF LIS PENDENS TO DEFENDANT(S) ………., AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED OF THE FOLLOWING: (a) The plaintiff has instituted this action against you seeking (“to foreclose a mortgage” or “to partition” or “to quiet title” or other type of action) with respect to the property described below. (b) The plaintiff(s) in this action is/are: (1) ………. (2) ………. (c) The date of the institution of this action is ………. OR: the date on the clerk’s electronic receipt for the action’s filing is ………. OR: the case number of the action is as shown in the caption. (d) The property that is the subject matter of this action is in ………. County, Florida, and is described as follows: (legal description of property) DATED ON …………….. …..(Name of Attorney)….. Attorney for …..(Name of Client)…..
…..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. NOTE: This form is not to be recorded without the clerk’s case number. Committee Notes 2009 Amendment. This form was substantially rewritten due to the amendments to section 48.23, Florida Statutes (2009). Section 48.23 provides that the notice must contain the names of all of the parties, the name of the court in which the action is instituted, a description of the property involved or affected, a description of the relief sought as to the property, and one of the following: the date of the institution of the action, the date of the clerk’s electronic receipt, or the case number. If the case number is used to satisfy the requirements of section 48.23, it should be inserted in the case caption of the notice. FORM 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO PROPERTY NOTICE OF ACTION TO ………. YOU ARE NOTIFIED that an action for (“construction of a will” or “re- establishment of a lost deed” or other type of action) has been filed against you and you are required to serve a copy of your written defenses, if any, to it on ………., the plaintiff’s attorney, whose address is ………., on or before …..(date)….., and file the original with the clerk of this court either before service on the plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979).
FORM 1.920. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — PROPERTY NOTICE OF ACTION TO ………. YOU ARE NOTIFIED that an action to (“enforce a lien on” or “foreclose a mortgage on” or “quiet title to” or “partition” or other type of action) the following property in………. County, Florida: (describe property) has been filed against you and you are required to serve a copy of your written defenses, if any, to it on ………., the plaintiff’s attorney, whose address is ………., on or before …..(date)….., and file the original with the clerk of this court either before service on the plaintiff’s attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk NOTE: This form must be modified to name the other defendants when there are multiple defendants and all are not served under the same notice. See section 49.08(1), Florida Statutes (1979). FORM 1.921. NOTICE OF PRODUCTION FROM NONPARTY NOTICE OF PRODUCTION To ……….: YOU ARE NOTIFIED that after 10 days from the date of service of this notice, if service is by delivery, or 15 days from the date of service, if service is by mail, and if no objection is received from any party, the undersigned will issue or apply to the clerk of this court for issuance of the attached subpoena directed to ………., who is not a party and whose address is ………., to produce the items listed at the time and place specified in the subpoena. DATED on ………. …..(Name of Attorney)….. Attorney for …..(Name of Client)…..
…..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. NOTE: This form of notice is for use with rule 1.351. A copy of the subpoena must be attached to this form for it to comply with the rule. Committee Notes 1980 Adoption. This form is new. 1996 Amendment. This form was amended to comply with amendments to rules 1.351 and 1.410.
FORM 1.922. SUBPOENA DUCES TECUM WITHOUT DEPOSITION (a) When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Clerk. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ………. YOU ARE COMMANDED to appear at ………. in ………. Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ………. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk …..(Name of Attorney)….. Attorney for …..(Name of Client)…..
…..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (b) When Witness Must Appear and Produce the Records; Issuance by Clerk. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ……….: YOU ARE COMMANDED to appear at ………. in ………., Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ……….. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear or furnish the records at the time and place specified instead of appearing; or (2) object to this subpoena, you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena, and unless excused from this subpoena by the attorney or the court, you must respond to this subpoena as directed. DATED on ……….. (Name of Clerk) As Clerk of the Court By As Deputy Clerk
…..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (c) When Witness Has Option to Furnish Records Instead of Attending Deposition; Issuance by Attorney of Record. SUBPOENA DUCES TECUM THE STATE OF FLORIDA: TO ……….: YOU ARE COMMANDED to appear at ………. in ………., Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ……….. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or
(3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorney, and unless excused from this subpoena by this attorney or the court, you must respond to this subpoena as directed. DATED on ……….. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. (d) When Witness Must Appear and Produce the Records; Issuance by Attorney of Record. THE STATE OF FLORIDA: TO ……….: YOU ARE COMMANDED to appear at ………. in ………., Florida, on …..(date)….., at ……(a.m./p.m.), and to have with you at that time and place the following: ……….. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear or furnish the records at the time and place specified instead of appearing; or (2) object to this subpoena,
you may be in contempt of court. You are subpoenaed by the attorney whose name appears on this subpoena, and unless excused from this subpoena by the attorney or the court, you must respond to this subpoena as directed. DATED on ……….. (Name of Attorney) For the Court …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. If you are a person with a disability who needs any accommodation to respond to this subpoena, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify attorney or party taking the deposition by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. NOTE: These forms are to be used for production of documents under rule 1.351. 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 to be issued by the clerk. Form (c) 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 an attorney of record. Form (d) is used when the records must be produced at the time and place specified in the subpoena and the subpoena is to be issued by an attorney of record. Committee Notes 1980 Adoption. This form is new. 1996 Amendment. Forms (a) and (b) were amended and forms (c) and (d) were added to comply with amendments to rules 1.351 and 1.410. 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings.
FORM 1.923(a). EVICTION SUMMONS—RESIDENTIAL TO: …..(insert name, address, and phone number of tenant)…… PLEASE READ CAREFULLY You are being sued by …..(insert landlord’s name)….. to require you to move out of the property located at for the reasons given in the attached complaint. You are entitled to a trial to decide whether you can be required to move, but you MUST do ALL of the things listed below. You must do them within 5 days (not including Saturdays, Sundays, or legal holidays) after the date these papers were given to you or to a person who lives with you or were posted at your home. THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS FOLLOWS: 1. Write down the reason(s) why you think you should not be forced to move. (You may use Florida Supreme Court Form 1.947(b), Answer— Residential Eviction, to do this.) The written reason(s) must be given to the clerk of the court at …..(insert address of courthouse)…… 2. Mail or take a copy of your written reason(s) to: …..(insert landlord’s name and address)…… 3. Pay the clerk of court the rent that is due. You MUST pay the clerk of the court the rent each time it becomes due until the lawsuit is over. Whether you win or lose the lawsuit, the judge may release this rent to the landlord. [By statute, public housing tenants or tenants receiving rent subsidies must be required to pay only that portion of the full rent for which the tenant is responsible under the federal, state, or local program in which they are participating.] 4. If you and the landlord do not agree on the amount of rent owed, you must file a written request (motion) that asks the judge to decide how much money you must pay to the clerk of the court. The written request must be filed with your answer to the eviction complaint. A copy of your motion must also be mailed or hand delivered to the plaintiff(s) attorney, or if the plaintiff(s) has no attorney, to the plaintiff. IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5 DAYS (NOT INCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR
COURTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER NOTICE. You may want to call a lawyer right away. If you do not know a lawyer, you can contact the Lawyer Referral Service on The Florida Bar’s website. If you cannot afford a lawyer, you may be eligible for free legal aid. You can locate legal aid programs by searching for “legal aid” on The Florida Bar’s website. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. THE STATE OF FLORIDA: TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the complaint in this lawsuit on the above-named defendant. DATED on the day of , 20 . Clerk of the Court By: Deputy Clerk Clerk’s Address: Telephone No. CITATORIO DE DESALOJO—RESIDENCIAL DESTINATARIO: …..(Ponga el nombre, la dirección y el número de teléfono del inquilino )…… POR FAVOR LEA ATENTAMENTE Usted ha sido demandado por ….(ponga el nombre del arrendador)….. para exigirle que desaloje la propiedad localizado en por las razones que se muestran en la demanda querella adjunta. Usted tiene el derecho a un juicio para determinar si se le puede exigir que desaloje, pero DEBE cumplir con TODAS las acciones que se indican a continuación, las cuales tienen que hacerse dentro de los 5 días hábiles (es decir, sin incluir sábados, domingos ni días feriados) siguientes a la fecha en
que la presente documentación le haya sido entregada a usted, o a una persona que viva con usted, o haya sido posteada en su domicilio. LAS ACCIONES QUE DEBE HACER PARA CUESTIONAR EL DESALOJO SON LAS SIGUIENTES: 1. Indique por escrito la razón(es) por las que considera que no se le debe obligar a mudarse (para eso, usted puede usar el Formulario 1.947(b) de la Corte Suprema de la Florida [Florida Supreme Court], “Answer—Residential Eviction”). La presentación de la razón(es) por escrito debe ser entregada al secretario del tribunal en …..(Ponga la dirección del tribunal)…… 2. Envíe por correo postal o entregue una copia de sus razones por escrito a: …..(Ponga el nombre y dirección del arrendador)…… 3. Haga el pago del alquiler que se debe al secretario de la corte. Usted DEBE pagar el alquiler al secretario de la corte cada vez que haya que pagarlo, hasta que concluya el proceso judicial. Independientemente de si gana o pierde la demanda, el juez puede entregar este pago del alquiler al arrendador. [Según la ley, los inquilinos de viviendas públicas o quienes reciben subsidios de alquiler deben pagar únicamente la parte por la que son responsables con respecto al monto total del alquiler según el programa federal, estatal o local del que son participantes]. 4. Si usted y el arrendador no llegan a un acuerdo respecto al monto del alquiler adeudado, usted deberá presentar una solicitud por escrito (una petición) para que el juez determine cuánto debe pagar al secretario del tribunal. La solicitud por escrito debe ser presentada junto con su respuesta a la demanda de desalojo. Una copia de su petición también deberá ser enviada por correo postal o entregada personalmente al abogado del demandante, o si el demandante no tiene abogado, al demandante mismo. SI NO CUMPLE CON TODOS ESTOS REQUISITOS DENTRO DE LOS 5 DÍAS HÁBILES (SIN CONTAR SÁBADOS, DOMINGOS NI FERIADOS OFICIALES SEGÚN EL HORARIO DE ATENCIÓN SU TRIBUNAL), USTED PODRÍA SER DESALOJADO SIN QUE SE HAGA UNA AUDIENCIA NI SE LE DÉ PREVIO AVISO. Sería recomendable que consulte a un abogado de inmediato. Si no cuenta con un abogado, puede contactar al Servicio de Consulta o Referencia Legal [Lawyer Referral Service] en el sitio web del Colegio de Abogados de la Florida [The Florida Bar.] Si no tiene el dinero necesario para contratar un
abogado, usted podría ser elegible para recibir asesoría jurídica gratuita. Puede encontrar programas de ayuda legal buscando “asistencia legal” [‘legal aid’] en el sitio web del Colegio de Abogados de la Florida [The Florida Bar.] Si usted tiene una discapacidad y requiere alguna adaptación especial o servicio de apoyo para participar en este procedimiento, tiene derecho a recibir asistencia gratuita. Por favor contacte a [identifique el personal del tribunal que corresponda incluyendo el nombre, dirección y número de teléfono], por lo menos 7 días antes de su comparecencia programada ante el tribunal, o inmediatamente después de recibir esta notificación si el plazo antes de la comparecencia es menor de 7 días; o si tiene discapacidad auditiva o del habla, llame al 711. ESTADO DE LA FLORIDA [THE STATE OF FLORIDA:] A CADA ALGUACIL DEL ESTADO [SHERIFF OF THE STATE:] Se le ordena que haga entrega oficial de este citatorio, así como de una copia de la demanda que hace parte de este proceso judicial, al demandado mencionado anteriormente. CON FECHA DEL día del mes de del 20 . Secretario(a) del Tribunal Firmado por: Secretario(a) Auxiliar Dirección del Secretario(a) del Tribunal: No. de Teléfono ASSIGNATION EN EXPULSION—RÉSIDENTIEL À: …..(insérer le nom, l’adresse et le numéro de téléphone du locataire)……. VEUILLEZ LIRE ATTENTIVEMENT Vous êtes poursuivi par …..(insérer le nom du propriétaire)….. pour vous obliger à quitter la propriété située à pour les raisons indiquées dans la plainte ci-jointe. Vous avez le droit à un procès pour déterminer si vous pouvez être obligé de déménager, mais vous DEVEZ accomplir TOUTES les choses énumérées ci- dessous. Vous devez les réaliser dans les 5 jours (à l’exclusion des samedis, dimanches et jours fériés) suivant la date à laquelle ces documents vous ont été remis ou à une personne qui habite avec vous ou affichés à votre domicile.
POUR CONTESTER VOTRE EXPULSION, IL EST NÉCESSAIRE D’EFFECTUER LES DÉMARCHES SUIVANTES: 1. Indiquez les raisons pour lesquelles vous pensez que vous ne devriez pas être obligé de déménager. (Vous pouvez vous utiliser le formulaire 1.947(b) de la Cour Suprême de Floride [Florida Supreme Court], intitulé “Answer—Residential Eviction,” pour ce faire.) Les raisons écrites doivent être soumises au greffier du tribunal à …..(insérer l’adresse du palais de justice)…… 2. Veuillez envoyer ou remettre une copie de vos raisons écrites à: …..(insérer le nom et l’adresse du propriétaire)……. 3. Vous devez payez au greffier du tribunal le loyer dû. Vous DEVEZ payez le loyer au greffier à chaque échéance jusqu’à la conclusion du procès. Que vous gagniez ou perdiez le procès, le juge peut décider de transférer ce loyer au propriétaire. En vertu de la loi, les locataires de logements sociaux ou ceux bénéficiant d’aides au loyer ne doivent payer que la part du loyer dont ils sont responsables selon le programme fédéral, étatique ou local auquel ils participent. 4. Si vous et le propriétaire ne parvenez pas à un accord sur le montant du loyer dû, vous devez soumettre une demande écrite (motion) au juge pour qu’il détermine le montant à verser au greffier. Cette demande écrite doit être déposée avec votre réponse à la plainte d’expulsion. Une copie de votre requête doit également être envoyée par courrier ou remise en main propre à l’avocat du plaignant, ou, si le plaignant n’a pas d’avocat, directement au plaignant. SI VOUS NE RÉALISEZ PAS TOUTES CES CHOSES DANS UN DÉLAI DE 5 JOURS (HORS SAMEDIS, DIMANCHES ET JOURS FÉRIÉS POUR VOTRE TRIBUNAL), VOUS RISQUEZ D’ÊTRE EXPULSÉ SANS AUDIENCE NI PRÉAVIS SUPPLÉMENTAIRE. Il est conseillé de joindre un avocat immédiatement. Si vous ne connaissez pas d’avocat, vous pouvez contacter le service de référence aux avocats sur le site Web du Florida Bar [The Florida Bar]. Si vos moyens financiers sont limités, vous pourriez avoir droit à une aide juridique gratuite. Vous pouvez trouver des programmes d’aide juridique en effectuant une recherche pour “aide juridique” [‘legal aid’] sur le site de de sur le site Web du Florida Bar [The Florida Bar].
Si vous êtes une personne handicapée nécessitant des aménagements pour participer à cette procédure, vous avez droit, sans frais, à certaines formes d’assistance. Veuillez contacter [identifier le personnel judiciaire concerné par son nom, adresse et numéro de téléphone] au moins 7 jours avant votre comparution prévue au tribunal, ou immédiatement après avoir reçu cette notification si le délai avant la comparution prévue est inférieur à 7 jours; si vous avez des problèmes d’audition ou de voix, composez le 711. L’ÉTAT DE FLORIDE [THE STATE OF FLORIDA:] À CHAQUE SHÉRIF DE L’ÉTAT [SHERIFF OF THE STATE:] Vous êtes chargé de signifier cette citation et une copie de la plainte dans cette affaire au défendeur mentionné ci-dessus. DATÉ le jour de 20 . Greffier du Tribunal Par: Greffier Adjoint Adresse du Greffier: Numéro de téléphone: KONVOKASYON DEGÈPISMAN—REZIDANS A: …..(mete non, adrès, ak nimewo telefòn lokatè a)…… TANPRI LI AK ATANSYON …..(mete non mèt kay la a) ….. ap rele w lajistis pou mande w deplase soti nan kay ki nan pou rezon ki bay nan plent ki tache la a. Ou gen dwa a yon jijman pou deside si ou ka oblije kite kay la, men ou DWE fè TOUT bagay ki endike anba la a. Ou dwe fè yo nan 5 jou (sa pa enkli Samdi, Dimanch, oswa jou ferye legal) apre dat yo te ba ou papye sa yo oswa bay yon moun ki abite avèk ou oswa yo te afiche yo sou kay ou. MEN BAGAY OU DWE FÈ YO POU DEFYE DEGÈPISMAN AN: 1. Ekri rezon ( yo)ki fè w panse yo pa ta dwe fòse w soti nan kay la. (Ou ka itilize Fòm 1.947(b) Tribinal Siprèm Florid [Florida Supreme Court], Repons— Degèpisman Rezidansyèl, pou fè sa.) Ou dwe bay grefye tribinal la rezon (yo) alekri nan …..(mete adrès tribinal la) ……
2. Poste oswa pote yon kopi rezon (yo) ou ekri a (yo) bay: …..(mete non ak adrès mèt kay la)…… 3. Peye grefye tribinal la lwaye ou dwe a. Ou DWE peye grefye nan tribinal la lwaye a chak mwa lè w dwe jiskaske pwosè a fini. Kit ou genyen oswa ou pèdi pwosè a, jij la ka bay lwaye sa a bay mèt kay la. [Dapre lalwa, lokatè lojman piblik oswa lokatè k ap resevwa sibvansyon pou lwaye yo dwe oblije peye sèlman pòsyon total lwaye lokatè a responsab la dapre pwogram federal, leta oswa lokal yo ap patisipe ladann nan.] 4. Si oumenm ak mèt kay la pa dakò sou kantite lwaye ou dwe a, ou dwe depoze yon demann alekri (mosyon) ki mande jij la deside konbyen lajan ou dwe peye grefye tribinal la. Ou dwe ranpli demann alekri a ak repons ou pou plent degèpisman an. Ou dwe tou voye yon kopi mosyon w la pa lapòs oswa remèt avoka moun ki pote plent la (yo), oswa si moun ki pote plent la (yo) pa gen avoka, bay moun ki pote plent la li. SI OU PA FÈ TOUT BAGAY SA YO NAN 5 JOU (SA PA ENKLI SAMDI, DIMANCH, AK JOU FERYE LEGAL POU TRIBINAL OU A) YO KA METE W DEYÒ SAN YON ODYANS OSWA SAN OKENN LÒT AVI. Ou ka vle rele yon avoka touswit. Si w pa konnen yon avoka, ou ka kontakte Sèvis Referans Avoka [Lawyer Referral Service] sou sitwèb Bar Nan Florida [The Florida Bar]. Si ou pa kapab peye yon avoka, ou ka kalifye pou èd legal gratis. Ou ka jwenn pwogram èd legal lè w chèche “legal aid” [‘èd legal’] sou sitwèb Bar Nan Florida [The Florida Bar]. Si ou se yon moun ki gen yon andikap ki bezwen nenpòt aranjman pou patisipe nan pwosedi sa a, ou gen dwa, san okenn frè pou ou, pou w resevwa sèten asistans. Tanpri kontakte [idantifye pèsonèl tribinal ki aplikab yo pa non, adrès, ak nimewo telefòn] omwen 7 jou anvan dat tribinal la te fikse pou w te parèt la, oswa imedyatman apre w resevwa notifikasyon sa si dat pou w te parèt la pwograme pou mwens pase 7 jou. Si ou gen pwoblèm pou tande oswa pou w pale, rele 711. ETA FLORID [THE STATE OF FLORIDA]: POU CHAK CHERIF ETA A [SHERIFF OF THE STATE]: Yo ba w lòd pou w sèvi manda sa a ak yon kopi plent nan pwosè sa a bayakize ki endike anwo a.
DAT nan jou , 20 . Grefye Tribinal la Pa: Grefye Adjwen Adrès Grefye a: Nimewo telefòn: Committee Notes 1988 Adoption. This form was added to inform those sought to be evicted of the procedure they must follow to resist eviction. 1996 Amendment. This is a substantial revision of form 1.923 to comply with the requirements of section 83.60, Florida Statutes, as amended in 1993. FORM 1.923(b). SUMMONS ACTION FOR BACK RENT OR OTHER DAMAGES Each defendant is further required to serve written defenses to the demand for back rent or any other damages alleged in the complaint on the above …..(insert landlord’s name and address)….. within 20 days after service of this summons on the defendant, exclusive of the day of service, and to file the original of the written defenses with the clerk of the court either before service on…..(insert landlord’s name)….. or thereafter. If you fail to do so, a default may be entered against the defendant for the relief demanded in that portion of the complaint. WITNESS my hand and seal of the Court this day of , 20 . (COURT SEAL) Clerk of the Court By: Deputy Clerk
FORM 1.924. AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY I,(full legal name) (individually or an Employee of ), being sworn, certify that the following information is true: 1. I have made diligent search and inquiry to discover the current residence of , who is [over 18 years old] [under 18 years old] [age is unknown] (circle one). Refer to checklist below and identify all actions taken (any additional information included such as the date the action was taken and the person with whom you spoke is helpful) (attach additional sheet if necessary): [check all that apply] Inquiry of Social Security Information Telephone listings in the last known locations of defendant’s residence Statewide directory assistance search Internet people finder search {specify sites searched} Voter registration in the area where defendant was last known to reside. Nationwide Masterfile Death Search Tax Collector’s records in area where defendant was last known to reside. Tax Assessor’s records in area where defendant was last known to reside Department of Motor vehicle records in the state of defendant’s last known address Driver’s License records search in the state of defendant’s last known address. Department of Corrections records in the state of defendant’s last known address. Federal Prison records search. Regulatory agencies for professional or occupation licensing. Inquiry to determine if defendant is in military service. Last known employment of defendant. {List all additional efforts made to locate defendant} Attempts to Serve Process and Results
I inquired of the occupant of the premises whether the occupant knows the location of the borrower-defendant, with the following results: 2. current residence [check one only] a. ’s current residence is unknown to me b. ’s current residence is in some state or country other than Florida and ’s last known address is: c. The , having residence in Florida, has been absent from Florida for more than 60 days prior to the date of this affidavit, or conceal him (her) self so that process cannot be served personally upon him or her, and I believe that there is no person in the state upon whom service of process would bind this absent or concealed . I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Affiant Printed Name: Address: City, State, Zip: Phone: Telefacsimile: STATE OF COUNTY OF Sworn to or affirmed and signed before me on this day of , 20 . by .
NOTARY PUBLIC STATE OF (Print, Type, or Stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced: NOTE: This form is used to obtain constructive service on the defendant.
FORM 1.925. COMPLAINT TO QUIET TITLE COMPLAINT TO QUIET TITLE BASED ON FRAUDULENT CONVEYANCE UNDER SECTION 65.091, FLORIDA STATUTES The plaintiff(s), , sue(s) defendant(s), , defendant’s unknown spouse, heirs, devisees, grantees, judgment creditors, and all other parties claiming by, through, under, or against defendants or parties or claiming to have any right, title, or interest in the property described in this complaint, and alleges: (1) This is an action to quiet and confirm title of plaintiff in and to lands located in County, Florida. (2) Plaintiff owns the following real property: (3) Plaintiff shows entitlement to (deraigns) title as follows (must show chain of title for at least the past 7 years): Plaintiff obtained ownership by deed or instrument dated , recorded on , in official records book , page of the public records of County, Florida. The property description in that deed is as follows: (4) The deed or instrument purported to have been signed by plaintiff(s), or purporting to convey the property to defendant(s), dated , recorded , in official records book , page of the public records of County, Florida, is fraudulent.
(5) Plaintiff did not execute the deed and has not conveyed the property to any person since obtaining the conveyance(s) described in paragraph (3). (6) The deed or instrument described in paragraph (4) did not convey title to defendant because the grantor had no title, but the recording of the deed casts a cloud on plaintiff’s title. WHEREFORE, the plaintiff(s) respectfully request (requests) the court to enter an order to quiet title in and award the plaintiff(s) with the same title and rights to the land that the plaintiff enjoyed before the attempted conveyance. Date: Plaintiff Address City, State, Zip Code Phone E-mail address (Include signature for each Plaintiff) FORM 1.932. OPEN ACCOUNT COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $………. that is due with interest since …..(date)….., according to the attached account. WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the account showing items, time of accrual of each, and amount of each must be attached. FORM 1.933. ACCOUNT STATED COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Before the institution of this action plaintiff and defendant had business transactions between them. 3. (Use A or B). A. Plaintiff and defendant agreed on the balance due on …..(date)…… [OR] B. Plaintiff sent a statement to defendant on …..(date)….. and defendant failed to object within a reasonable time after receiving the statement. 4. (Use A or B). A. Defendant expressly promised to pay plaintiff the balance due. [OR] B. Defendant implicitly promised to pay plaintiff the amount set forth in the statement. Defendant has not paid plaintiff the amount owed on the account. $………., plus interest since …..(date)…… WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: Attach a copy of any accounts, statements, or other documents required to be attached or incorporated by rule 1.130. FORM 1.934. PROMISSORY NOTE COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On …..(date)….., defendant executed and delivered a promissory note, a copy being attached, to plaintiff in ……………….. County, Florida.
3. Plaintiff owns and holds the note. 4. Defendant failed to pay (use a or b) a. the note when due. b. the installment payment due on the note on …..(date)….., and plaintiff elected to accelerate payment of the balance. 5. Defendant owes plaintiff $………. that is due with interest since …..(date)….., on the note. 6. Plaintiff is obligated to pay his/her attorneys a reasonable fee for their services. WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the note must be attached. Use paragraph 4a. or b. as applicable and paragraph 6 if appropriate. Committee Notes 1980 Amendment. Paragraph 3 is added to show ownership of the note, and paragraph 4 is clarified to show that either 4a or 4b is used, but not both. FORM 1.935. GOODS SOLD COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $………. that is due with interest since …..(date)….., for the following goods sold and delivered by plaintiff to defendant between …..(date)….., and …..(date)…..: (list goods and prices) WHEREFORE plaintiff demands judgment for damages against defendant. FORM 1.936. MONEY LENT COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges:
1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $………. that is due with interest since …..(date)….., for money lent by plaintiff to defendant on …..(date)…… WHEREFORE plaintiff demands judgment for damages against defendant. FORM 1.937. REPLEVIN COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action to recover possession of personal property in ……….. County, Florida. 2. The description of the property is: (list property) To the best of plaintiff’s knowledge, information, and belief, the value of the property is $……….. 3. Plaintiff is entitled to the possession of the property under a security agreement dated ………., a copy of the agreement being attached. 4. To plaintiff’s best knowledge, information, and belief, the property is located at ……….. 5. The property is wrongfully detained by defendant. Defendant came into possession of the property by (method of possession). To plaintiff’s best knowledge, information, and belief, defendant detains the property because (give reasons). 6. The property has not been taken for any tax, assessment, or fine pursuant to law. 7. The property has not been taken under an execution or attachment against plaintiff’s property. WHEREFORE plaintiff demands judgment for possession of the property. NOTE: Paragraph 3 must be modified if the right to possession arose in another manner. Allegations and a demand for damages, if appropriate, can be added to the form. Committee Notes
1980 Amendment. The form is amended to comply with the amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972). FORM 1.938. UNLAWFUL DETAINER; FORCIBLE ENTRY; OR UNLAWFUL ENTRY COMPLAINT Plaintiff, A. B., sues defendant, C.D., and alleges: 1. This is an action to recover possession of real property in County, Florida, under chapter 82 and section 51.011, Florida Statutes. 2. Plaintiff is entitled to possession of the following real property in said county: (insert the legal description and the street address of the real property, including unit number if applicable) 3. Plaintiff is entitled to possession of the real property based on 1 of the following grounds. Plaintiff is: (choose a or b.) a. the owner of the real property; or b. otherwise entitled to possession of the real property (and briefly state the reason why). 4. Defendant came into possession of the real property by 1 of the following methods: (choose a, b, or c.) a. Unlawful Detention. Defendant is in possession of the real property without consent of a person entitled to possession or after consent was withdrawn on …..(date that consent was withdrawn)…… b. Forcible Entry. Defendant entered into and took possession of the real property with force, in a manner that was not peaceable, easy, or open, even if the entry was authorized by a person entitled to possession of the real property. c. Unlawful Entry. Defendant entered into and is in possession of the real property when the entry was not authorized by law or without consent of a person entitled to possession of the real property.
WHEREFORE plaintiff demands judgment for possession of the real property and damages against defendant. NOTE: This form cannot be used for residential tenancies. FORM 1.939. CONVERSION COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On or about …..(date)….., defendant converted to his/her own use (insert description of property converted) that was then the property of plaintiff of the value of $……….. WHEREFORE plaintiff demands judgment for damages against defendant. FORM 1.940. EJECTMENT COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: This is an action to recover possession of real property in ………. County, Florida. 2. Defendant is in possession of the following real property in the county: (describe property) to which plaintiff claims title as shown by the attached statement of plaintiff’s chain of title. 3. Defendant refuses to deliver possession of the property to plaintiff or pay plaintiff the profits from it. WHEREFORE plaintiff demands judgment for possession of the property and damages against defendant. NOTE: A statement of plaintiff’s chain of title must be attached. Committee Notes
1980 Amendment. The words “possession of” are inserted in paragraph 1 for clarification. FORM 1.941. SPECIFIC PERFORMANCE COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for specific performance of a contract to convey real property in ………. County, Florida. 2. On …..(date)….., plaintiff and defendant entered into a written contract, a copy being attached. 3. Plaintiff tendered the purchase price to defendant and requested a conveyance of the real property described in the contract. 4. Defendant refused to accept the tender or to make the conveyance. 5. Plaintiff offers to pay the purchase price. WHEREFORE plaintiff demands judgment that defendant be required to perform the contract for damages. NOTE: A copy of the sales contract must be attached. Committee Notes 1980 Amendment. Paragraph 3 is divided into 2 paragraphs to properly accord with rule 1.110(f). FORM 1.942. CHECK COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On …..(date)….., defendant executed a written order for the payment of $………., commonly called a check, a copy being attached, payable to the order of plaintiff and delivered it to plaintiff. 3. The check was presented for payment to the drawee bank but payment was refused. 4. Plaintiff holds the check and it has not been paid.
5. Defendant owes plaintiff $………. that is due with interest from …..(date)….., on the check. WHEREFORE plaintiff demands judgment for damages against defendant. NOTE: A copy of the check must be attached. Allegations about endorsements are omitted from the form and must be added when proper. Committee Notes 1980 Amendment. Paragraph 4 is divided into 2 paragraphs to properly accord with rule 1.110(f).
FORM 1.944(a). MORTGAGE FORECLOSURE (When location of original note known) COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action to foreclose a mortgage on real property in ………. County, Florida. 2. On …..(date)….., defendant executed and delivered a promissory note and a mortgage securing payment of the note to …..(plaintiff or plaintiff’s predecessor)…… The mortgage was recorded on …..(date)….., in Official Records Book ………. at page ………. of the public records of ………. County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached. 3. (Select a, b, c, or d) (a) Plaintiff is the holder of the original note secured by the mortgage. (b) Plaintiff is a person entitled to enforce the note under applicable law because …..(allege specific facts)…… (c) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of …..(name of holder)….., the holder of the original note. The document(s) that grant(s) plaintiff the authority to act on behalf of the holder of the original note is/are as follows ……….. (d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of …..(name of non-holder)….., who is not the holder but is entitled to enforce the note under section 673.3011(2), Florida Statutes, because …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is are as follows ……….. 4. The property is now owned by defendant who holds possession. 5. Defendant has defaulted under the note and mortgage by failing to pay the payment due …..(date)….., and all subsequent payments …..(allege other defaults as applicable)…… 6. Plaintiff declares the full amount payable under the note and mortgage to be due.
7. Defendant owes plaintiff $………. that is due on principal on the note and mortgage, interest from …..(date)….., and title search expense for ascertaining necessary parties to this action. 8. Plaintiff is obligated to pay plaintiff’s attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees under …..(allege statutory and/or contractual bases, as applicable)…… WHEREFORE plaintiff demands judgment foreclosing the mortgage, for costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency judgment. NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following statement as required by rule 1.115(e). VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Executed on this …..(date)…… Person Signing Verification] CERTIFICATION OF POSSESSION OF ORIGINAL NOTE The undersigned hereby certifies: 1. That plaintiff is in possession of the original promissory note upon which this action is brought. 2. The location of the original promissory note is: …..(location)…… 3. The name and title of the person giving the certification is: …..(name and title)…… 4. The name of the person who personally verified such possession is: …..(name)…… 5. The time and date on which possession was verified were: …..(time and date)…… 6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification.
7. I give this statement based on my personal knowledge. Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true. Executed on …..(date)…… (Person Signing Certification) NOTE: This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, and unpaid insurance premiums, other nonmonetary defaults, and for a receiver. They must be added when appropriate. A copy of the note and mortgage must be attached. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013) and rule 1.115. It is also designed to conform to section 673.3011, Florida Statutes (2013), except that part of section 673.3011, Florida Statutes, which defines a person entitled to enforce an instrument under section 673.3091, Florida Statutes. See form 1.944(b). Pursuant to section 702.015, Florida Statutes (2013), a certification of possession of the original promissory note must be filed contemporaneously with the Complaint (form 1.944(a)) or, in the event that the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an affidavit setting forth the facts required by law must be attached to the complaint (form 1.944(b)). FORM 1.944(b). MORTGAGE FORECLOSURE (When location of original note unknown) COMPLAINT Plaintiff, ABC, sues defendant, XYZ, and states: 1. This is an action to foreclose a mortgage on real property in ………. County, Florida. 2. On …..(date)….., defendant executed and delivered a promissory note and a mortgage securing the payment of said note to …..(plaintiff or plaintiff’s predecessor)…… The mortgage was recorded on …..(date)….., in Official Records Book ………. at page ………. of the public records of ………. County, Florida, and mortgaged the property described therein which was then owned by and in possession of the mortgagor. A copy of the mortgage and note are attached to the affidavit which is attached hereto as Composite Exhibit “1”; the contents of the affidavit are specifically incorporated by reference. 3. Plaintiff is not in possession of the note but is entitled to enforce it.
4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because (a) the note was destroyed. (b) the note is lost. (c) the note is in the wrongful possession of an unknown person. (d) the note is in the wrongful possession of a person that cannot be found or is not amenable to service of process. 5. (select a, b, c, d, e, or f) (a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage. (b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because …..(allege specific facts)…… (c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: …..(allege facts as to transfer of ownership)…… (d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached). (e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the note when loss of possession occurred because …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached). (f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred, as follows: …..(allege specific facts)…… the document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached).
6. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure. 7. The property is now owned by defendant who holds possession. 8. Defendant has defaulted under the note and mortgage by failing to pay the payment(s) due ..…(date(s))….. , and all subsequent payments ….. (identify other defaults as applicable)…… 9. Plaintiff declares the full amount payable under the note and mortgage to be due. 10. Defendant owes plaintiff $……… that is due on principal on the note and mortgage, interest from …..(date)….., and title search expense for ascertaining necessary parties to this action. 11. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this claim pursuant to …..(identify statutory and/or contractual bases, as applicable)…… WHEREFORE, Plaintiff demands judgment re-establishing the promissory note, determining the amount and nature of adequate protection to be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency judgment. NOTE: An action for foreclosure of a mortgage on residential real property must contain an oath, affirmation, or the following statement as required by rule 1.115(e). VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Executed on …..(date)…… (Person Signing Verification) ***** AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA
COUNTY OF ……….. BEFORE ME, the undersigned authority, personally appeared …..(name)….., who, after being first duly sworn, deposes and states, under penalty of perjury: 1. I am the plaintiff (or plaintiff’s ……….) (identify relationship to plaintiff). I am executing this affidavit in support of plaintiff’s Complaint against defendant and I have personal knowledge of the matters set forth herein. 2. On …..(date)….. , the public records reflect that defendant executed and delivered a mortgage securing the payment of the note to …..(plaintiff/plaintiff’s predecessor)…… The mortgage was recorded on …..(date)….. , in Official Records Book ………. at page ………. of the public records of ………. County, Florida, and mortgaged the property described therein, which was then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached. 3. Plaintiff is not in possession of the note but is entitled to enforce it. 4. (select a, b, c, or d) Plaintiff cannot reasonably obtain possession of the note because (a) the note was destroyed. (b) the note is lost. (c) the note is in the wrongful possession of an unknown person. (d) the note is in the wrongful possession of a person who cannot be found or is not amenable to service of process. 5. (select a, b, c, d, e, or f) (a) When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage. (b) When loss of possession occurred, plaintiff was a person entitled to enforce the note under applicable law because …..(allege specific facts)…… (c) Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: …..(allege facts regarding transfer of ownership)……
(d) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the holder of the original note who lost possession of the note. The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ……….. (attach copy of document(s) or relevant portion(s) of the document(s)). (e) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person entitled to enforce the original note when loss of possession occurred, because …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached). (f) Plaintiff has been delegated the authority to institute a mortgage foreclosure action on behalf of the person or entity who directly or indirectly acquired ownership of the note from a person entitled to enforce the original note when loss of possession occurred, as follows …..(allege specific facts)…… The document(s) that grant(s) plaintiff the authority to act on behalf of the person entitled to enforce the note is/are as follows ………. (attach documents if not already attached). 6. Below is the clear chain of the endorsements, transfers, allonges or assignments of the note and all documents that evidence same as are available to Plaintiff: …..(identify in chronological order all endorsements, transfers, assignments of, allonges to, the note or other evidence of the acquisition, ownership and possession of the note)…… Correct copies of the foregoing documents are attached to this affidavit. 7. Plaintiff did not transfer the note or lose possession of it as the result of a lawful seizure. FURTHER, AFFIANT SAYETH NAUGHT. [signature] ………. [typed or printed name of affiant] STATE OF FLORIDA COUNTY OF …………… BEFORE ME, the undersigned authority appeared …..(name of affiant)….., who …..is personally known to me or ….. produced identification ….. and acknowledged that he/she executed the foregoing instrument for the purposes expressed therein and who did take an oath.
WITNESS my hand and seal in the State and County aforesaid, this …..(date)…… NOTARY PUBLIC, State of Florida Print Name: ………. Commission Expires:………. Committee Note 2014 Adoption. This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, unpaid insurance premiums, other nonmonetary defaults, and for a receiver. Allegations must be added when appropriate. This form may require modification. This form is designed to incorporate the pleading requirements of section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to comply with section 673.3091, Florida Statutes (2013). Adequate protection as required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013), must be provided before the entry of final judgment. FORM 1.944(c) MOTION FOR ORDER TO SHOW CAUSE PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE FOR ENTRY OF FINAL JUDGMENT OF FORECLOSURE 1. Plaintiff is a lienholder of real property located at …..(address)….. or is a …..Condominium Association/Cooperative Association/Homeowner’s Association…… 2. The plaintiff has filed a verified complaint in conformity with applicable law, which is attached. 3. The plaintiff requests this court issue an order requiring defendant(s) to appear before the court to show cause why a final judgment of foreclosure should not be entered against defendant(s). 4. The date of the hearing may not occur sooner than the later of 20 days after service of the order to show cause or 45 days after service of the initial complaint. OR COMMENT: Use the following when service is by publication: 4. When service is obtained by publication, the date for the hearing may not be set sooner than 30 days after the first publication.
5. The accompanying proposed order to show cause affords defendant(s) all the rights and obligations as contemplated by applicable law. 6. Upon the entry of the order to show cause, plaintiff shall serve a copy of the executed order to show cause for entry of final judgment as required by law. Plaintiff requests the court review this complaint and grant this motion for order to show cause for entry of final judgment of foreclosure, and grant such further relief as may be awarded at law or in equity. Plaintiff Certificate of Service Committee Note 2014 Adoption. This form is designed to comply with section 702.10, Florida Statutes (2013). FORM 1.944(d) ORDER TO SHOW CAUSE ORDER TO SHOW CAUSE THIS CAUSE has come before the court on …..plaintiff’s/lien holder’s….. motion for order to show cause for entry of final judgment of mortgage foreclosure and the court having reviewed the motion and the verified complaint, and being otherwise fully advised in the circumstances, finds and it is ORDERED AND ADJUDGED that: 1. The defendant(s) shall appear at a hearing on foreclosure on …..(date)….. at …..(time)….. before the undersigned judge, in the …..(county)….. Courthouse at …..(address)….., to show cause why the attached final judgment of foreclosure should not be entered against the defendant(s) in this cause. This hearing referred to in this order is a “show cause hearing.” 2. This ORDER TO SHOW CAUSE shall be served on the defendant(s) in accordance with the Florida Rules of Civil Procedure and applicable law as follows: a. If the defendant(s) has/have been served under Chapter 48, Florida Statutes, with the verified complaint and original process has already been effectuated, service of this order may be made in the manner provided in the Florida Rules of Civil Procedure; or, if the other party is a plaintiff in the action, service of the order to show cause on that party may be made in the manner provided in the Florida Rules of Civil Procedure.
b. If the defendant(s) has/have not been served under Chapter 48, Florida Statutes, with the verified complaint and original process, the order to show cause, together with the summons and a copy of the verified complaint, shall be served on the party in the same manner as provided by law for original process. 3. The filing of defenses by a motion or verified answer at or before the show cause hearing constitutes cause for which the court may not enter the attached final judgment. 4. Defendant(s) has/have the right to file affidavits or other papers at the time of the show cause hearing and may appear at the hearing personally or by an attorney. 5. If defendant(s) file(s) motions, they may be considered at the time of the show cause hearing. 6. Defendant(s)’ failure to appear either in person or by an attorney at the show cause hearing or to file defenses by motion or by a verified or sworn answer, affidavits, or other papers which raise a genuine issue of material fact which would preclude entry of summary judgment or which would otherwise constitute a legal defense to foreclosure, after being served as provided by law with the order to show cause, will be deemed presumptively a waiver of the right to a hearing. In such case, the court may enter a final judgment of foreclosure ordering the clerk of the court to conduct a foreclosure sale. An order requiring defendant(s) to vacate the premises may also be entered. 7. If the mortgage provides for reasonable attorneys’ fees and the requested fee does not exceed 3% of the principal amount owed at the time the complaint is filed, the court may not need to hold a hearing to adjudge the requested fee to be reasonable. 8. Any final judgment of foreclosure entered under section 702.10(1) Florida Statutes, shall be only for in rem relief; however, entry of such final judgment of foreclosure shall not preclude entry of an in personam money damages judgment or deficiency judgment where otherwise allowed by law. 9. A copy of the proposed final judgment is attached and will be entered by the court if defendant(s) waive(s) the right to be heard at the show cause hearing. DONE AND ORDERED at …..(county)….., Florida …..(date)…… CIRCUIT JUDGE Copies to:
Committee Note 2014 Adoption. This form is designed to comply with section 702.10(1), Florida Statutes (2013). FORM 1.945. MOTOR VEHICLE NEGLIGENCE COMPLAINT COMPLAINT Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. (Use a or b) a. On or about …..(date)….., defendant, C. D., owned a motor vehicle that was operated with his/her consent by defendant, E. F., at ……………… in ……………….., Florida. b. On or about …..(date)….., defendant owned and operated a motor vehicle at ……………. in ……………………, Florida. 3. At that time and place defendants negligently operated or maintained the motor vehicle so that it collided with plaintiff’s motor vehicle. 4. As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff’s automobile was damaged and he/she lost the use of it during the period required for its repair or replacement. WHEREFORE plaintiff demands judgment for damages against defendants. NOTE: This form, except for paragraph 2b, is for use when owner and driver are different persons. Use paragraph 2b when they are the same. If paragraph 2b is used, “defendants” must be changed to “defendant” wherever it appears. Committee Notes 1980 Amendment. This form was changed to show that one of the alternatives in paragraph 2 is used, but not both, and paragraph 4 has been changed to paraphrase Standard Jury Instruction 6.2.
FORM 1.946. MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE COMPLAINT Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On or about …..(date)….., defendant, C. D., or defendant, E. F., or both defendants, owned and operated motor vehicles at ……………….. in ……………….., Florida. 3. At that time and place defendants, or one of them, negligently operated or maintained their motor vehicles so that one or both of them collided with plaintiff’s motor vehicle. 4. As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff’s automobile was damaged and he/she lost the use of it during the period required for its repair or replacement. WHEREFORE plaintiff demands judgment for damages against defendants. NOTE: Allegations when owner and driver are different persons are omitted from this form and must be added when proper. Committee Notes 1980 Amendment. Paragraph 4 is changed to paraphrase Standard Jury Instruction 6.2. FORM 1.947. TENANT EVICTION COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action to evict a tenant from real property in ……………… County, Florida. 2. Plaintiff owns the following described real property in said county:
(describe property) 3. Defendant has possession of the property under (oral, written) agreement to pay rent of $………. payable ………………… 4. Defendant failed to pay rent due …..(date)…… 5. Plaintiff served defendant with a notice on …..(date)….., to pay the rent or deliver possession but defendant refuses to do either. WHEREFORE plaintiff demands judgment for possession of the property against defendant. NOTE: Paragraph 3 must specify whether the rental agreement is written or oral and if written, a copy must be attached. FORM 1.947(b). ANSWER—RESIDENTIAL EVICTION 1. The defendant answers the complaint as follows: (Check ONLY 1, a. or b.) a. Defendant generally denies each statement of the complaint. b. Defendant admits that all the statements of the complaint are true EXCEPT: (i) The following statement(s) in paragraph(s) of the complaint is/are false. Please explain: (ii) I do not know whether the information in paragraph(s) of the complaint is/are true or false, so I am denying them. 2. If you write down any defense other than payment of rent, then you must take one of the following steps: a. If you agree with the landlord about the rent owed, then you must pay the rent owed into the court registry when you file this response. b. If you disagree with the landlord about the rent owed for any reason, then you must check box 3(b) below and describe with detail why you disagree.
c. You MUST pay the clerk of court the rent each time it becomes due until the lawsuit is over. If you fail to follow these instructions, then you will lose your defenses. You will not have a hearing in your case and you may be evicted without a court date. 3. The defendant sets forth the following defenses to the complaint: (Check ONLY the defenses that apply, and state brief facts to support each checked defense.) a. The landlord did not make repairs, and I withheld my rent after sending written notice to the landlord. (Attach a copy of the written notice to the landlord.) Please explain: b. I do not owe the total amount of rent or ongoing amount of rent the landlord claims I owe. I am also asking this court to determine the amount of rent that must be deposited into the court registry and requesting a hearing. (Motion to Determine Rent.) Please explain: c. I attempted/offered to pay all the rent due before the notice to pay rent expired, but the landlord did not accept the rent payment. Please explain: d. I paid the rent demanded by the landlord in the notice to pay rent. Please explain: e. The landlord waived, changed, or canceled the notice that required me to move out of the residence. Please explain: f. The landlord filed the eviction in retaliation against me. For example, the tenant has complained to a governmental agency charged
with responsibility for enforcement of building, housing, or health codes of a suspected violation, or tenant has complained directly to the landlord. Please explain: g. The landlord filed the eviction in violation of the Federal Fair Housing Act and/or the Florida Fair Housing Act. Please explain: h. The landlord accepted rent from me after sending me the notice to terminate. Please explain: i. I already corrected the violations claimed by the landlord on the notice to terminate. Please explain: j. The landlord is not the owner of the property where I live. Please explain: k. I did not receive the notice to terminate or the notice was legally incorrect. Please explain: l. Other defenses. Please explain: 4. You have a constitutional right to request a trial by a jury of your peers instead of a judge. However, there are some things you should know about this right:
a. You may have waived this right in your lease, so review it carefully before requesting a jury trial. b. If you want a jury trial, you should request it in writing when you file your answer or you may waive your right to a jury trial. c. Jury trials are not simple to conduct. You will bear some responsibility in the process and, if you are unprepared, it may be difficult to represent yourself in a jury trial. Additionally, once you request a jury trial, if you change your mind and you want the judge to decide your case, the landlord will need to agree. d. If you have questions about whether to request a jury trial, you should speak with an attorney. 5. Select whether you want to request a jury trial: (Check only one.) I want a judge to decide my case. I want a jury to decide my case. All of the statements made above are true to the best of my knowledge and belief. Signature: Printed Name: Date: Address: Telephone Number: E-mail Address: NOTE: Each defendant named in the complaint for whom this answer is filed must sign this answer unless the defendant’s attorney signs. FORM 1.948. THIRD-PARTY COMPLAINT. GENERAL FORM THIRD-PARTY COMPLAINT Defendant, C. D., sues third-party defendant, E. F., and alleges: 1. Plaintiff filed a complaint against defendant, C. D., a copy being attached. 2. (State the cause of action that C. D. has against E. F. for all or part of what A. B. may recover from C. D. as in an original complaint.)
WHEREFORE defendant C. D., demands judgment against the third- party defendant, E. F., for all damages that are adjudged against defendant, C.D., in favor of plaintiff. NOTE: A copy of the complaint from which the third-party complaint is derived must be attached. Committee Notes 1988 Amendment. The first sentence was changed to eliminate the words “and third party plaintiff.” FORM 1.949. IMPLIED WARRANTY COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant manufactured a product known and described as (describe product). 3. Defendant warranted that the product was reasonably fit for its intended use as (describe intended use). 4. On …..(date)….., at ……………… in ……………… County, Florida, the product (describe the occurrence and defect that resulted in injury) while being used for its intended purpose, causing injuries to plaintiff who was then a user of the product. 5. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in their nature and plaintiff will suffer the losses and impairment in the future. WHEREFORE plaintiff demands judgment for damages against defendant. Committee Notes 1972 Amendment. This form is changed to require an allegation of the defect in paragraph 4. Contentions were made in trial courts that the form as presently authorized eliminated the substantive requirement that the plaintiff prove a defect except under those circumstances when substantive law eliminates the necessity of such proof. Paragraph 4 is amended to show that no substantive law change was intended.
FORM 1.951. FALL-DOWN NEGLIGENCE COMPLAINT COMPLAINT Plaintiff, A. B., sues defendant, C. D., and alleges: 1. This is an action for damages that (insert jurisdictional amount). 2. On …..(date)….., defendant was the owner and in possession of a building at ……………….. in ……………….., Florida, that was used as a (describe use). 3. At that time and place plaintiff went on the property to (state purpose). 4. Defendant negligently maintained (describe item) on the property by (describe negligence or dangerous condition) so that plaintiff fell on the property. 5. The negligent condition was known to defendant or had existed for a sufficient length of time so that defendant should have known of it. 6. As a result plaintiff was injured in and about his/her body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, and suffered physical handicap, and his/her working ability was impaired; the injuries are either permanent or continuing in nature and plaintiff will suffer the losses and impairment in the future. WHEREFORE plaintiff demands judgment for damages against defendant. FORM 1.960. BOND. GENERAL FORM (TYPE OF BOND) WE, (plaintiff’s name), as principal and (surety’s name), as Surety, are bound to (defendant’s name) in the sum of $………. for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if plaintiff shall (insert condition), then this bond is void; otherwise it remains in force. SIGNED AND SEALED on ……………. As Principal (surety’s name)
By As Attorney in Fact As Surety Approved on …..(date)….. (Name of Clerk) As Clerk of the Court By As Deputy Clerk Committee Notes 1992 Amendment. The “Approved on […..(date)…..]” line is moved to a location immediately above the clerk’s name. FORM 1.961. VARIOUS BOND CONDITIONS The following conditions are to be inserted in the second paragraph of form 1.960 in the blank provided for the condition of the bond. Other proper conditions must be inserted for other types of bonds. (a) Attachment, Garnishment, and Distress. . . . pay all costs and damages that defendant sustains in consequence of plaintiff improperly suing out (type of writ) in this action . . . NOTE: The condition of an attachment bond in aid of foreclosure when the holder of the property is unknown is different from the foregoing condition. See section 76.12, Florida Statutes. (b) Costs. . . . pay all costs and charges that are adjudged against plaintiff in this action . . . (c) Replevin. . . . prosecute this action to effect and without delay, and if defendant recovers judgment against plaintiff in this action, plaintiff shall return the property replevied if return of it is adjudged, and shall pay defendant all money recovered against plaintiff by defendant in this action . . . FORM 1.965. DEFENSE. STATUTE OF LIMITATIONS Each cause of action, claim, and item of damages did not accrue within the time prescribed by law for them before this action was brought.
FORM 1.966. DEFENSE. PAYMENT Before commencement of this action defendant discharged plaintiff’s claim and each item of it by payment. FORM 1.967. DEFENSE. ACCORD AND SATISFACTION On …..(date)….., defendant delivered to plaintiff and plaintiff accepted from defendant (specify consideration) in full satisfaction of plaintiff’s claim. FORM 1.968. DEFENSE. FAILURE OF CONSIDERATION The sole consideration for the execution and delivery of the promissory note described in paragraph ………. of the complaint was plaintiff’s promise to lend defendant $1,000; plaintiff failed to lend the sum to defendant. NOTE: This form is for failure to complete the loan evidenced by a promissory note. The contract, consideration, and default of the plaintiff must be varied to meet the facts of each case. FORM 1.969. DEFENSE. STATUTE OF FRAUDS The agreement alleged in the complaint was not in writing and signed by defendant or by some other person authorized by defendant and was to answer for the debt, default, or miscarriage of another person. NOTE: This form is for one of the cases covered by the Statute of Frauds. It must be varied to meet the facts of other cases falling within the statute. FORM 1.970. DEFENSE. RELEASE On …..(date)….., and after plaintiff’s claim in this action accrued, plaintiff released defendant from it, a copy of the release being attached. NOTE: This form is for the usual case of a written release. If the release is not in writing, the last clause must be omitted and the word “orally” inserted before “released.” FORM 1.971. DEFENSE. MOTOR VEHICLE CONTRIBUTORY NEGLIGENCE Plaintiff’s negligence contributed to the accident and his/her injury and damages because he/she negligently operated or maintained the motor vehicle in which he/she was riding so that it collided with defendant’s motor vehicle.
FORM 1.972. DEFENSE. ASSUMPTION OF RISK Plaintiff knew of the existence of the danger complained of in the complaint, realized and appreciated the possibility of injury as a result of the danger, and, having a reasonable opportunity to avoid it, voluntarily exposed himself/herself to the danger. Committee Note 1980 Amendment. This form is amended to show the substantive changes caused by the substitution of the doctrine of comparative negligence for contributory negligence. The form is paraphrased from Standard Jury Instruction 3.8. FORM 1.975. NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT NOTICE OF COMPLIANCE WITH SECTION 86.091, FLORIDA STATUTES The undersigned hereby gives notice of compliance with Fla. R. Civ. P. 1.071, with respect to the constitutional challenge brought pursuant to …..(Florida statute, charter, ordinance, or franchise challenged)…… The undersigned complied by serving the …..(Attorney General for the state of Florida or State Attorney for the ………. Judicial Circuit)…… with a copy of the pleading or motion challenging …..(Florida statute, charter, ordinance, or franchise challenged)….., by …..(certified or registered mail)….. on …..(date)…… …..(Name of Attorney)….. Attorney for …..(Name of Client)….. …..Address….. …..(Telephone number)….. …..(E-mail address(es))….. Florida Bar No. ………. Committee Notes 2010 Adoption. This form is to be used to provide notice of a constitutional challenge as required by section 86.091, Florida Statutes. See rule 1.071. This form is to be used when the Attorney General or the State Attorney is not a named party to the action, but must be served solely in order to comply with the notice requirements set forth in section 86.091.
FORM 1.976. STANDARD INTERROGATORIES The forms of Florida standard interrogatories approved by the supreme court shall be used in the actions to which they apply, subject to the requirements of rule 1.340.
FORM 1.977. FACT INFORMATION SHEET (a) For Individuals. (CAPTION) FACT INFORMATION SHEET Full Legal Name: Nicknames or Aliases: Residence Address: Mailing Address (if different): Telephone Numbers: (Home) (Business) Name of Employer: Address of Employer: Position or Job Description: Rate of Pay: $ per Average Paycheck: $ per Average Commissions or Bonuses: $ per . Commissions or bonuses are based on Other Personal Income: $ from (Explain details on the back of this sheet or an additional sheet if necessary.) Social Security Number: Birthdate: Driver’s License Number: Marital Status: Spouse’s Name: ******** Spouse Related Portion Spouse’s Address (if different): Spouse’s Social Security Number: Birthdate: Spouse’s Employer: Spouse’s Average Paycheck or Income: $ per
Other Family Income: $ per (Explain details on back of this sheet or an additional sheet if necessary.) Describe all other accounts or investments you may have, including stocks, mutual funds, savings bonds, or annuities, on the back of this sheet or on an additional sheet if necessary. ******** Names and Ages of All Your Children (and addresses if not living with you): Child Support or Alimony Paid: $ per Names of Others You Live With: Who is Head of Your Household? You Spouse Other Person Checking Account at: Account # Savings Account at: Account # For Real Estate (land) You Own or Are Buying: Address: All Names on Title: Mortgage Owed to: Balance Owed: 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 You Own or Are Buying: Year/Make/Model: Color: Vehicle ID #: Tag No: Mileage: Names on Title: Present Value: $ Loan Owed to: Balance on Loan: $ Monthly Payment: $
(List all other automobiles, as well as other vehicles, such as boats, motorcycles, bicycles, or aircraft, on the back of this sheet or an additional sheet if necessary.) Have you given, sold, loaned, or transferred any real or personal property worth more than $100 to any person in the last year? If your answer is “yes,” describe the property, market value, and sale price, and give the name and address of the person who received the property. Does anyone owe you money? Amount Owed: $ Name and Address of Person Owing Money: Reason money is owed: Please attach copies of the following: a. Your last pay stub. b. Your last 3 statements for each bank, savings, credit union, or other financial account. c. Your motor vehicle registrations and titles. d. Any deeds or titles to any real or personal property you own or are buying, or leases to property you are renting. e. Your financial statements, loan applications, or lists of assets and liabilities submitted to any person or entity within the last 3 years. f. Your last 2 income tax returns filed. UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE. Judgment Debtor STATE OF FLORIDA COUNTY OF ………. Sworn to (or affirmed) and subscribed before me this ________ day of ______ (year) by (name of person making statement) Notary Public State of Florida My Commission expires: ……….
Personally known ________ OR Produced Identification _______ Type of identification produced ___________________________ YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF COURT. (b) For Corporations and Other Business Entities. (CAPTION) FACT INFORMATION SHEET Name of entity: Name and title of person filling out this form: Telephone number: Place of business: Mailing address (if different): Gross/taxable income reported for federal income tax purposes last three years: $ /$ $ /$ $ /$ Taxpayer identification number: Is this entity an S corporation for federal income tax purposes? Yes No Average number of employees per month Name of each shareholder, member, or partner owning 5% or more of the entity’s common stock, preferred stock, or other equity interest: Names of officers, directors, members, or partners: Checking account at: Account #
Savings account at: Account # Does the entity own any vehicles? Yes No For each vehicle please state: Year/Make/Model: Color: Vehicle ID No: Tag No: Mileage: Names on Title: Present Value: $ Loan Owed to: Balance on Loan: $ Monthly Payment: $ Does the entity own any real property? Yes No If yes, please state the address(es): Please check if the entity owns the following Boat Camper Stocks/bonds Other real property Other personal property Please attach copies of the following: 1. Copies of state and federal income tax returns for the past 3 years. 2. All bank, savings and loan, and other account books and statements for accounts in institutions in which the entity had any legal or equitable interest for the past 3 years. 3. All canceled checks for the 12 months immediately preceding the service date of this Fact Information Sheet for accounts in which the entity held any legal or equitable interest. 4. All deeds, leases, mortgages, or other written instruments evidencing any interest in or ownership of real property at any time within the 12 months immediately preceding the date this lawsuit was filed.
5. Bills of sale or other written evidence of the gift, sale, purchase, or other transfer of any personal or real property to or from the entity within the 12 months immediately preceding the date this lawsuit was filed. 6. Motor vehicle or vessel documents, including titles and registrations relating to any motor vehicles or vessels owned by the entity alone or with others. 7. Financial statements as to the entity’s assets, liabilities, and owner’s equity prepared within the 12 months immediately preceding the service date of this Fact Information Sheet. 8. Minutes of all meetings of the entity’s members, partners, shareholders, or board of directors held within 2 years of the service date of this Fact Information Sheet. 9. Resolutions of the entity’s members, partners, shareholders, or board of directors passed within 2 years of the service date of this Fact Information Sheet. UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE AND COMPLETE. Judgment Debtor’s Designated Representative/Title STATE OF FLORIDA COUNTY OF ………. Sworn to (or affirmed) and subscribed before me this _____ day of ____________ (year) by (name of person making statement). Personally known ____ OR Produced identification __________ Type of identification produced __________________________ YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE PLAINTIFF’S JUDGMENT CREDITOR OR THE PLAINTIFF’S JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF THE COURT. Committee Notes 2000 Adoption. This form is added to comply with amendments to rule 1.560.
2013 Amendment. This amendment clarifies that the judgment debtor should mail or deliver the Fact Information Sheet only to the judgment creditor or the judgment creditor’s attorney, and should not file the Fact Information Sheet with the clerk of the court. FORM 1.980. DEFAULT MOTION FOR DEFAULT Plaintiff moves for entry of a default by the clerk against defendant ………. for failure to serve any document on the undersigned or file any document as required by law. Attorney for Plaintiff DEFAULT A default is entered in this action against the defendant named in the foregoing motion for failure to serve or file any document as required by law. Dated on ………. (Name of Clerk) As Clerk of the Court By As Deputy Clerk FORM 1.981. SATISFACTION OF JUDGMENT SATISFACTION OF JUDGMENT The undersigned, owner and holder of a final judgment rendered in the above-captioned civil action, dated ………., recorded in ……………….. County, Official Records Book ….. beginning at Page ….., acknowledges that all sums due under it have been fully paid and that final judgment is hereby canceled and satisfied of record. Dated on ………………… Judgment Owner and Holder (or their attorney) STATE OF FLORIDA COUNTY OF _______
The foregoing instrument was acknowledged before me this _____ day of ___________, 20___, by (name of person acknowledging). (NOTARY SEAL) (Signature of Notary Public-State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known _________ OR Produced Identification ______ Type of Identification Produced ___________________________ Committee Notes 2003 Amendment. This satisfaction of judgment is a general form. It is a new form. To ensure identity of the signer, notarization is prudent but not required. If a certified copy of the judgment is recorded, it may be prudent to include that recording information. 2013 Amendment. This form has been changed to remove unnecessary language and to include the acknowledgment required by sections 695.03 and 701.04, Florida Statutes. FORM 1.982. CONTEMPT NOTICE MOTION AND NOTICE OF HEARING TO: (name of attorney for party, or party if not represented) YOU ARE NOTIFIED that plaintiff will apply to the Honorable ………. , Circuit Judge, on …..(date)….., at ……m., in the ……….. County Courthouse at ………., Florida, for an order adjudging (defendant’s name) in contempt of court for violation of the terms of the order or judgment entered by this court on …..(date)….., by failing to ……………, and I certify that a copy hereof has been furnished to ………. by mail on …..(date)…… If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before your scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. NOTE: The particular violation must be inserted in the motion and notice. A separate motion is unnecessary.
Committee Note 2013 Amendment. The notice to persons with disabilities was amended to make the procedure for obtaining accommodation consistent with the procedure required in court proceedings. FORM 1.983. PROSPECTIVE JUROR QUESTIONNAIRE DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS: Before you file a copy of this form, redact the month and date of the prospective juror’s birth in question #3, but retain the year of birth. Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2) QUESTIONNAIRE FOR PROSPECTIVE JURORS 1. Name: (print) ……..…………………………………………………………………………………………. (first) (middle) (last) 2. Residence address: ………………………………………………………………………………………… (street and number) …………………………………………………………………………………………. (city) (zip) 3. Date of birth: ………….……………………………………………………………………………………… Sex: ……………………………… Occupation: ………………………………. 4. Do you understand the English language? …………………………………. ………………………………….. (yes) (no) 5. Do you read and write the English language? ……………………………….. ………………………………… (yes) (no) 6. Have you ever been convicted of a crime and not restored to your civil rights? …………………………….. ………………………………..
(yes) (no) If “yes,” state the nature of crime(s), the date of the conviction(s), and the name of the court in which you were convicted: ……………………………………………………………………………………………… .…………………………………………………………………………………………….. 7. Are there any criminal charges pending against you of which you are aware? ……………………………. ………………………………… (yes) (no) If “yes,” state the nature of the charge and the name of the court (s) in which the case(s) is pending: ……………………………………………………………………………………………… .…………………………………………………………………………………………….. 8. FULL TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny full-time federal state, or local law enforcement officer or such entities’ investigative personnel shall be excused from jury service unless such persons choose to serve.” Do you choose to serve? …………………………. ……………………………….. (yes) (no) 9. List any official executive office you now hold with the federal, state, or ………. county government: ……………………………………………………………………………………………… ……………………………………………………………………………………………… 10. Is your hearing good? …………………. …………………… (yes) (no) Is your eyesight good? ………………. …………………….. (yes) (no) (The court may require a medical certificate.)
11. Do you have any physical or mental disability (mental illness, intellectual disability, senility, or other physical or mental incapacity) that would interfere with your service as a juror? ………………………………. ……………………………………. (yes) (no) If “yes,” state the nature: .………………………………………………………………………..…………………… (The court may require a written statement from a physician.) 12. Do you know of any reason (s) why you cannot serve as a juror? …………………………. ……………………………….. (yes) (no) If “yes,” state the reason (s): ……………………………………………………………………………………………… ……………………………………………………………………………………………… 13. EXPECTANT MOTHERS AND PARENTS ONLY: Section 40.013(4), Florida Statutes, provides that “[a]ny expectant mother and parent who is not employed full time and who has custody of a child under 6 years of age, upon request, shall be excused from jury service.” Do you want to be excused under this provision? …………………………. ……………………………….. (yes) (no) If “yes,” what are the ages of your children? …………………………………………………………………………………………………. 14. NEW MOTHERS ONLY: Section 40.013(12), Florida Statutes, provides that “[a] woman who has given birth within the 6 months before the reporting date on a summons for jury service shall be excused upon request.” Do you want to be excused under this provision? …………………………. ……………………………….. (yes) (no) 15. CAREGIVER: Section 40.013(10), Florida Statutes, provides that “[a]ny person who is responsible for the care of a person who, because of mental illness, intellectual disability, senility, or other physical or mental
incapacity, is incapable of caring for himself or herself shall be excused from jury service upon request.” Do you want to be excused under this provision? …………………………. ……………………………….. (yes) (no) If “yes,” state the reason(s): …………………………………………………………………………………………………. 16. FULL-TIME STUDENTS: Section 40.013(11), Florida Statutes, provides that “[u]pon request, a full-time student between 18 and 21 years of age, inclusive, who is attending high school or any state university, private postsecondary educational institution, Florida College System institution, or career center shall be excused from that specific summons for jury service.” Do you want to request to be excused under this provision? …………………………. ……………………………….. (yes) (no) If “yes,” what is the name of your school? …………………………………………………………………………………………………. Signature This is not a summons for jury duty. If your name is later drawn for jury service, you will be summoned by clerk of court by mail. NOTE: This form does not use a caption as shown in form 1.901. It may be headed with the designation of the jury authority charged by law with the selection of prospective jurors. FORM 1.984. JUROR VOIR DIRE QUESTIONNAIRE JURY QUESTIONNAIRE Instructions to Jurors You have been selected as a prospective juror. It will aid the court and help shorten the trial of cases if you will answer the questions on this form and return it in the enclosed self-addressed stamped envelope within the next 2 days. Please complete the form in blue or black ink and write as dark and legibly as you can. 1. Name (print) (first) (middle) (last)
2. Residence address 3. Years of residence: In Florida In this county 4. Former residence 5. Marital status: (married, single, divorced, widow, or widower) 6. State the highest level of education you completed Less than high school Some college High school Associate degree Vocational/Technical school College degree Post graduate degree 7. Your occupation and employer 8. If you are not now employed, give your last occupation and employer 9. If married, name and occupation of husband or wife 10. Have you served as a juror before? 11. Have you or any member of your immediate family been a party to any lawsuit? If so, when and in what court? 12. Are you either a close friend of or related to any law enforcement officer? 13. Has a claim for personal injuries ever been made against you or any member of your family? 14. Have you or any member of your family ever made any claim for personal injuries? Juror’s Signature
NOTE: This form does not have a caption as shown in form 1.901, but should be headed with the name of the court summoning the juror. FORM 1.986. VERDICTS In all civil actions tried by a jury, the parties should refer to the model verdict forms contained in the Florida Standard Jury Instructions in Civil Cases, as applicable. FORM 1.988. JUDGMENT AFTER DEFAULT (a) General Form. This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys’ fees: FINAL JUDGMENT This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, …..(name and address)….., recover from defendant, …..(name and address, and last 4 digits of social security number if known)….., the sum of $………. with costs in the sum of $………., that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge (b) Form with Interest and Fees. This form is for judgment after default including prejudgment interest and attorneys’ fees recovered: FINAL JUDGMENT This action was heard after entry of default against defendant and IT IS ADJUDGED that plaintiff, …..(name and address)….., recover from defendant, …..(name and address, and last 4 digits of social security number if known)….., the sum of $………. on principal, $………. for attorneys’ fees with costs in the sum of $………., and pre-judgment interest in the sum of $………., making a total of $………. that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge
NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. Committee Notes 1980 Adoption. This form is new. 2003 Amendment. Subdivision (b) is amended to include prejudgment interest in the total judgment pursuant to Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996). FORM 1.989. ORDER OF DISMISSAL FOR LACK OF PROSECUTION (a) Notice of Lack of Prosecution. NOTICE OF LACK OF PROSECUTION PLEASE TAKE NOTICE that it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months immediately preceding service of this notice, and no stay has been issued or approved by the court. Pursuant to rule 1.420(e), if no such record activity occurs within 60 days following the service of this notice, and if no stay is issued or approved during such 60-day period, this action may be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. (b) Order Dismissing Case for Lack of Prosecution. ORDER OF DISMISSAL This action was heard on the …..respondent’s/court’s/interested party’s….. motion to dismiss for lack of prosecution served on …..(date)…… The court finds that (1) notice pre-scribed by rule 1.420(e) was served on …..(date)…..; (2) there was no record activity during the 10 months immediately preceding service of the foregoing notice; (3) there was no record activity during the 60 days immediately following service of the foregoing notice; (4) no stay
has been issued or approved by the court; and (5) no party has shown good cause why this action should remain pending. Accordingly, IT IS ORDERED that this action is dismissed for lack of prosecution. ORDERED at ……………….., Florida, on …..(date)…… Judge FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR DAMAGES FINAL JUDGMENT Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff, …..(name and address)….., recover from defendant, …..(name and address, and last 4 digits of social security number if known)….., the sum of $………. with costs in the sum of $………., making a total of $………., that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR DAMAGES FINAL JUDGMENT Pursuant to the verdict rendered in this action
IT IS ADJUDGED that plaintiff, …..(name and address, and last 4 digits of social security number if known)….., take nothing by this action and that defendant, …..(name and address)….., shall go hence without day and recover costs from plaintiff in the sum of $………. that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM NON-JURY FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that: 1. (list adjudications in numbered paragraphs) 2. ………………………………………….. (See note below on name, address, and social security number requirements.) ORDERED at …………………, Florida, on …..(date)…… Judge NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an
affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM. NON-JURY FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that plaintiff, …..(name and address, and last 4 digits of social security number if known)….., take nothing by this action and that defendant, …..(name and address)….., shall go hence without day and recover costs from plaintiff in the sum of $………. that shall bear interest at the rate of …..% a year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: Findings of fact can be inserted after “presented” if desired. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. FORM 1.995. FINAL JUDGMENT OF REPLEVIN NOTE APPLICABLE TO FORMS (a)–(d): The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The address and social security number (if known) of each person against whom the judgment is rendered must be included in the
judgment, pursuant to section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4 digits of the social security number should be shown. (a) Judgment in Favor of Plaintiff when Plaintiff Has Possession. FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Plaintiff, …..(name and address)….., has the right against defendant, …..(name and address, and last 4 digits of social security if known)….., to retain possession of the following described property: (list the property and include a value for each item) 2. Plaintiff shall recover from defendant the sum of $………. as damages for the detention of the property and the sum of $………. as costs, making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: This form applies when the plaintiff has recovered possession under a writ of replevin and prevailed on the merits. Pursuant to section 78.18, Florida Statutes (1995), paragraph 2 of the form provides that the plaintiff can also recover damages for the wrongful taking and detention of the property, together with costs. Generally these damages are awarded in the form of interest unless loss of use can be proven. Ocala Foundry & Machine Works v. Lester, 49 Fla. 199, 38 So. 51 (1905). If the defendant has possession of part of the property, see form 1.995(b). (b) Judgment in Favor of Plaintiff when Defendant Has Possession. FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that:
1. Plaintiff, …..(name and address)….., has the right against defendant, …..(name and address, and last 4 digits of social security number if known)….., to possession of the following described property: (list the property and include a value for each item) for which the clerk of the court shall issue a writ of possession; or 2. Plaintiff shall recover from defendant [if applicable add “and surety on the forthcoming bond”] the sum of $………. for the value of the property, which shall bear interest at the rate of …..% per year, for which let execution issue. 3. Plaintiff shall recover from defendant the sum of $………. as damages for the detention of the property and the sum of $………. as costs, making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: This form applies when the plaintiff prevails on the merits and the defendant retains possession of the property. Section 78.19, Florida Statutes (1995), allows the plaintiff to recover the property or its value or the value of the plaintiff’s lien or special interest. The value for purposes of paragraph 2 is either the value of the property or the value of the plaintiff’s lien or special interest. Paragraph 3 of the form provides for damages for detention only against the defendant because the defendant’s surety obligates itself only to ensure forthcoming of the property, not damages for its detention. Pursuant to section 78.19(2), Florida Statutes, paragraphs 1 and 2 of the form provide the plaintiff the option of obtaining either a writ of possession or execution against the defendant and defendant’s surety on a money judgment for property not recovered. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the plaintiff elects the writ of possession for the property and the sheriff is unable to find it or part of it, the plaintiff may immediately have execution against the defendant for the whole amount recovered or the amount less the value of the property found by the sheriff. If the plaintiff elects execution for the whole amount, the officer shall release all property taken under the writ. If the plaintiff has possession of part of the property, see form 1.995(a).
(c) Judgment in Favor of Defendant when Defendant Has Possession under Forthcoming Bond. FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented IT IS ADJUDGED that: 1. Defendant, …..(name and address)….., has the right against plaintiff, …..(name and address, and last 4 digits of social security number if known)….., to possession of the following described property: (list the property and include a value for each item) 2. Defendant retook possession of all or part of the property under a forthcoming bond, and defendant’s attorney has reasonably expended ….. hours in representing defendant in this action and $………. is a reasonable hourly rate for the services. 3. Defendant shall recover from plaintiff the sum of $………. for the wrongful taking of the property, costs in the sum of $………., and attorneys’ fees in the sum of $………., making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: This form applies when the defendant prevails and the property was retained by or redelivered to the defendant. Section 78.20, Florida Statutes (1995), provides for an award of attorneys’ fees. The prevailing defendant may be awarded possession, damages, if any, for the taking of the property, costs, and attorneys’ fees. If the plaintiff has possession of part of the property, see form 1.995(d). (d) Judgment in Favor of Defendant when Plaintiff Has Possession. FINAL JUDGMENT OF REPLEVIN This matter was heard on plaintiff’s complaint. On the evidence presented
IT IS ADJUDGED that: 1. Defendant, …..(name and address)….., has the right against plaintiff, …..(name and address, and last four digits of social security number if known)….., to recover possession of the following described property: (list the property and include a value for each item) for which the clerk of the court shall issue a writ of possession; or 2. Defendant shall recover from plaintiff [if applicable add “and surety on plaintiff’s bond”] the sum of $………. for the value of the property, which shall bear interest at the rate of …..% per year, for which let execution issue. 3. Defendant shall recover from plaintiff the sum of $………. as damages for detention of the property and the sum of $………. as costs, making a total of $………., which shall bear interest at the rate of …..% per year, for which let execution issue. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: This form should be used when the defendant prevails but the plaintiff has possession of the property. Section 78.21, Florida Statutes (1995), does not provide for an award of attorneys’ fees when the defendant prevails and possession had been temporarily retaken by the plaintiff. Sections 78.21 and 78.19 allow the defendant to recover the property or its value or the value of the defendant’s special interest. Paragraphs 1 and 2 of the form provide to the defendant the option of obtaining either a writ of possession or execution against the plaintiff and plaintiff’s surety on a money judgment for property not recovered and costs. Demetree v. Stramondo, 621 So. 2d 740 (Fla. 5th DCA 1993). If the defendant elects the writ of possession for the property and the sheriff is unable to find it or part of it, the defendant may immediately have execution against the plaintiff and surety for the whole amount recovered or the amount less the value of the property found by the sheriff. If the defendant elects execution for the whole amount, the officer shall release all property taken under the writ. If the defendant has possession of part of the property, see form 1.995(c). FORM 1.996(a). FINAL JUDGMENT OF FORECLOSURE FINAL JUDGMENT This action was tried before the court. On the evidence presented
IT IS ADJUDGED that: 1. Amounts Due. Plaintiff, …..(name and address)….., is due Principal $………. Interest to date of this judgement ………. Title Search expenses ………. Taxes ………. Attorney’s fees total ………. Court costs, now taxed ………. Other ………. ………. Subtotal $………. LESS: Escrow balance $………. LESS: Other $………. TOTAL $………. That must bear interest at a rate of ………. per year. 2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property in ……………….. County, Florida: (describe property) 3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court must sell the property at public sale on …..(date)….., to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at …..(street address of courthouse)….. in ………. County in …..(name of city)….., Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE): ….. At …..(location of sale at courthouse; e.g., north door)….., beginning at …..(time of sale)….. on the prescribed date. ….. By electronic sale beginning at …..(time of sale)….. on the prescribed date at …..(website)…… 4. Costs. Plaintiff must advance all subsequent costs of this action and must be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale must be responsible for the documentary stamps payable on the
certificate of title. If plaintiff is the purchaser, the clerk must credit plaintiff’s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full. 5. Distribution of Proceeds. On filing the certificate of title the clerk must distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court. 6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens must be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, must be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C § 5220, note, or section 83.5615, Florida Statutes, and claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. On the filing of the certificate of title, the person named on the certificate of title must be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or section 83.5615, Florida Statutes. 7. Attorneys’ Fees. [If a default judgment has been entered against the mortgagor] Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable. [If no default judgment has been entered against the mortgagor] The court finds, based on the affidavits/testimony presented and on inquiry of counsel for the plaintiff that ………. hours were reasonably expended by plaintiff’s counsel and that an hourly rate of $………. is appropriate. Plaintiff’s counsel represents that the attorneys’ fees awarded does not exceed its contract fee with the plaintiff. The court finds that there is/are no reduction or enhancement factors for consideration by the court under Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained herein).
[If the fees to be awarded are a flat fee] The requested attorneys’ fees are a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. 8. Jurisdiction Retained. Jurisdiction of this action is retained to enter further orders that are proper including, without limitation, a deficiency judgment. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. [If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment must additionally contain the following statement in conspicuous type:] IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CONTACT THE CLERK OF THE COURT, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT(INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. ORDERED at ……….., Florida, on …..(date)…… Judge NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an adjudication of junior lienors’ claims nor for redemption by the United States of America if it is a defendant. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So.2d 1236 (Fla. 4th DCA 1998). Committee Notes 1980 Amendment. The reference to writs of assistance in paragraph 7 is changed to writs of possession to comply with the consolidation of the 2 writs. 2010 Amendment. Mandatory statements of the mortgagee/property owner’s rights are included as required by the 2006 amendment to section 45.031, Florida Statutes. Changes are also made based on 2008 amendments to section 45.031, Florida Statutes, permitting courts to order sale by electronic means. Additional changes were made to bring the form into compliance with chapters 718 and 720 and section 45.0315, Florida Statutes, and to better align the form with existing practices of clerks and practitioners. The breakdown of the amounts due is now set out in column format to simplify calculations. The requirement that the form include the address and social security number of all defendants was eliminated to protect the privacy interests of those defendants and in recognition of the fact that this form of judgment does not create a personal final money judgment against the defendant borrower, but rather an in rem judgment against the property. The address and social security number of the defendant borrower should be
included in any deficiency judgment later obtained against the defendant borrower. 2014 Amendment. These amendments added titles, updated statutory reference to time for right of redemption, and added a paragraph on attorneys’ fees. 2019 Amendment. An amendment to paragraph 6 is intended to notify all involved in mortgage foreclosure proceedings of section 83.561, Florida Statute (2015), Termination of Rental Agreement upon Foreclosure, by adding language from the statute. 2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 12 U.S.C. § 5220, note. FORM 1.996(b). FINAL JUDGMENT OF FORECLOSURE FOR REESTABLISHMENT OF LOST NOTE FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that: 1. Amounts Due. Plaintiff, …..(name and address)….., is due Principal $………. Interest to date of this judgement ………. Title Search expenses ………. Taxes ………. Attorney’s fees total ………. Court costs, now taxed ………. Other ………. ………. Subtotal $………. LESS: Escrow balance ………. LESS: Other ……….
TOTAL $………. That must bear interest at a rate of ………. per year. 2. Lien on Property. Plaintiff holds a lien for the total sum superior to all claims or estates of defendant(s), on the following described property ………. County, Florida: (describe property) 3. Sale of Property. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court must sell the property at public sale on …..(date)….., to the highest bidder for cash, except as prescribed in paragraph 4, at the courthouse located at …..(street address of courthouse).…. in ………. County in …..(name of city)….., Florida, in accordance with section 45.031, Florida Statutes, using the following method (CHECK ONE): ….. At …..(location of sale at courthouse; e.g., north door)….., beginning at …..(time of sale)….. on the prescribed date. ….. By electronic sale beginning at …..(time of sale)….. on the prescribed date at …..(website)…… 4. Costs. Plaintiff must advance all subsequent costs of this action and must be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale, provided, however, that the purchaser of the property for sale must be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk must credit plaintiff’s bid with the total sum with interest and costs accruing subsequent to this judgment, or such part of it as is necessary to pay the bid in full. 5. Distribution of Proceeds. On filing the certificate of title the clerk must distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all of plaintiff’s costs; second, documentary stamps affixed to the certificate; third, plaintiff’s attorneys’ fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending further order of this court. 6. Right of Redemption/Right of Possession. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens must be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, must be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220, note, or
section 83.5615, Florida Statutes, and claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. On the filing of the certificate of title, the person named on the certificate of title must be let into possession of the property, subject to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S. C. § 5220, note, or section 83.5615, Florida Statutes. 7. Attorneys’ Fees. [If a default judgment has been entered against the mortgagor] Because a default judgment has been entered against the mortgagor and because the fees requested do not exceed 3% of the principal amount owed at the time the complaint was filed, it is not necessary for the court to hold a hearing or adjudge the requested attorneys’ fees to be reasonable. [If no default judgment has been entered against the mortgagor] The court finds, based upon the affidavits/testimony presented and upon inquiry of counsel for the plaintiff that ………. hours were reasonably expended by plaintiff’s counsel and that an hourly rate of $ ………. is appropriate. Plaintiff’s counsel represents that the attorney fee awarded does not exceed its contract fee with the plaintiff. The court finds that there are no reduction or enhancement factors for consideration by the court under Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). (If the court has found that there are reduction or enhancement factors to be applied, then such factors must be identified and explained herein). [If the fees to be awarded are a flat fee] The requested attorneys’ fees are a flat rate fee that the firm’s client has agreed to pay in this matter. Given the amount of the fee requested and the labor expended, the court finds that a lodestar analysis is not necessary and that the flat fee is reasonable. 8. Re-establishment of Lost Note. The court finds that the plaintiff has re-established the terms of the lost note and its right to enforce the instrument as required by applicable law. Plaintiff must hold the defendant(s) maker of the note harmless and must indemnify defendant(s) for any loss defendant(s) may incur by reason of a claim by any other person to enforce the lost note. Adequate protection has been provided as required by law by the following means: …..(identify means of security under applicable law: a written indemnification agreement, a surety bond, include specific detail)…… Judgment is hereby entered in favor of the plaintiff as to its request to enforce the lost note.
9. Jurisdiction Retained. Jurisdiction of this action is retained to enforce the adequate protection ordered and to enter further orders that are proper including, without limitation, a deficiency judgment. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THE FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. [If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment must additionally contain the following statement in conspicuous type:] IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT (INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER) FOR
ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. ORDERED at ……………….., Florida, on …..(date)…… Judge NOTE: Paragraph 1 must be varied in accordance with the items unpaid, claimed, and proven. The form does not provide for an adjudication of junior lienors’ claims or for redemption by the United States of America if it is a defendant. The address of the person who claims a lien as a result of the judgment must be included in the judgment in order for the judgment to become a lien on real estate when a certified copy of the judgment is recorded. Alternatively, an affidavit with this information may be simultaneously recorded. For the specific requirements, see section 55.10(1), Florida Statutes; Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). Committee Note 2014 Amendment. This new form is to be used when the foreclosure judgment re-establishes a lost note. 2019 Amendment. The amendment to paragraph 6 is intended to notify all involved in mortgage foreclosure proceedings of section 83.561, Florida Statutes (2015), Termination of Rental Agreement upon Foreclosure, by adding language from the statute. 2024 Amendment. The Florida Protecting Tenants at Foreclosure Act, section 83.5615, Florida Statutes (2020), becomes effective only on the repeal of the federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 12 U.S.C. § 5220, note. FORM 1.996(c). MOTION TO CANCEL AND RESCHEDULE FORECLOSURE SALE Plaintiff moves to cancel and reschedule the mortgage foreclosure sale because: 1. On …..(date)….. this court entered a Final Judgment of Foreclosure pursuant to which a foreclosure sale was scheduled for …..(date)…… 2. The sale needs to be canceled for the following reason(s): a. Plaintiff and defendant are continuing to be involved in loss mitigation;
b. Defendant is negotiating for the sale of the property that is the subject of this matter and plaintiff wants to allow the defendant an opportunity to sell the property and pay off the debt that is due and owing to plaintiff. c. Defendant has entered into a contract to sell the property that is the subject of this matter and plaintiff wants to give the defendant an opportunity to consummate the sale and pay off the debt that is due and owing to plaintiff. d. Defendant has filed a Chapter Petition under the Federal Bankruptcy Code; e. Plaintiff has ordered but has not received a statement of value/appraisal for the property; f. Plaintiff and defendant have entered into a Forbearance Agreement; g. Other 3. If this Court cancels the foreclosure sale, plaintiff moves that it be rescheduled. I hereby certify that a copy of the foregoing motion has been furnished by …..(method of service)….. to …..(name(s))….. on …..(date)…… NOTE. This form is used to move the court to cancel and reschedule a foreclosure sale. FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) I. CASE STYLE (Name of Court) .
Plaintiff Case # Judge vs. Defendant II. AMOUNT OF CLAIM Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose. _____ $8,000 or less _____ $8,001 – $30,000 _____ $30,001- $50,000 _____ $50,001- $75,000 _____ $75,001-$100,000 _____ over $100,000.00 III. TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x on both the main category and subcategory lines. CIRCUIT CIVIL Condominium Contracts and indebtedness Eminent domain Auto negligence Negligence—other Business governance Business torts Environmental/Toxic tort Third party indemnification Construction defect
Mass tort Negligent security Nursing home negligence Premises liability—commercial Premises liability—residential Products liability ___ Real property/Mortgage foreclosure _____ Commercial foreclosure _____ Homestead residential foreclosure _____ Non-homestead residential foreclosure _____ Other real property actions Professional malpractice Malpractice—business Malpractice—medical Malpractice—other professional Other Antitrust/Trade regulation Business transactions Constitutional challenge—statute or ordinance Constitutional challenge—proposed amendment Corporate trusts Discrimination—employment or other Insurance claims Intellectual property Libel/Slander
Shareholder derivative action Securities litigation Trade secrets Trust litigation COUNTY CIVIL Civil Real Property/Mortgage foreclosure Replevins Evictions Residential Evictions ______ Non-residential Evictions Other civil (non-monetary) IV. REMEDIES SOUGHT (check all that apply): Monetary; Nonmonetary declaratory or injunctive relief; Punitive V. NUMBER OF CAUSES OF ACTION: [ ] (Specify) VI. IS THIS CASE A CLASS ACTION LAWSUIT? yes no VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? no yes If “yes,” list all related cases by name, case number, and court.
VIII. IS JURY TRIAL DEMANDED IN COMPLAINT? yes no IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE? yes no I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of General Practice and Judicial Administration 2.425. Signature Fla. Bar # Attorney or party (Bar # if attorney) (type or print name) Date FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET Plaintiff must file this cover sheet with the first document filed in the action or proceeding (except small claims cases, probate, or family cases). Domestic and juvenile cases should be accompanied by a completed Florida Family Law Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil cover sheet in any civil case other than those excepted above may result in sanctions. I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned (if applicable), and the name (last, first, middle initial) of plaintiff(s) and defendant(s). II. Amount of Claim. Enter the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of the claim is requested for data collection and clerical processing purposes only. The amount of the claim shall not be used for any other purpose.
III. Type of Case. Place an “X” on the appropriate line. If the cause fits more than one type of case, select the most definitive. If the most definitive label is a subcategory (indented under a broader category label), place an “X” on the category and subcategory lines. Definitions of the cases are provided below in the order they appear on the form. Circuit Civil (A) Condominium—all civil lawsuits pursuant to Chapter 718, Florida Statutes, in which a condominium association is a party. (B) Contracts and indebtedness—all contract actions relating to promissory notes and other debts, including those arising from the sale of goods, but excluding contract disputes involving condominium associations. (C) Eminent domain—all matters relating to the taking of private property for public use, including inverse condemnation by state agencies, political subdivisions, or public service corporations. (D) Auto negligence—all matters arising out of a party’s allegedly negligent operation of a motor vehicle. (E) Negligence—other—all actions sounding in negligence, including statutory claims for relief on account of death or injury, that are not included in other main categories. (F) Business governance—all matters relating to the management, administration, or control of a company. (G) Business torts—all matters relating to liability for economic loss allegedly caused by interference with economic or business relationships. (H) Environmental/Toxic tort—all matters relating to claims that violations of environmental regulatory provisions or exposure to a chemical caused injury or disease. (I) Third party indemnification—all matters relating to liability transferred to a third party in a financial relationship. (J) Construction defect—all civil lawsuits in which damage or injury was allegedly caused by defects in the construction of a structure. (K) Mass tort—all matters relating to a civil action involving numerous plaintiffs against one or more defendants. (L) Negligent security—all matters involving injury to a person or property allegedly resulting from insufficient security.
(M) Nursing home negligence—all matters involving injury to a nursing home resident resulting from negligence of nursing home staff or facilities. (N) Premises liability—commercial—all matters involving injury to a person or property allegedly resulting from a defect on the premises of a commercial property. (O) Premises liability—residential—all matters involving injury to a person or property allegedly resulting from a defect on the premises of a residential property. (P) Products liability—all matters involving injury to a person or property allegedly resulting from the manufacture or sale of a defective product or from a failure to warn. (Q) Real property/Mortgage foreclosure—all matters relating to the possession, title, or boundaries of real property. All matters involving foreclosures or sales of real property, including foreclosures associated with condominium associations or condominium units. (The amount of claim specified in Section II. of the form determines the filing fee pursuant to section 28.241, Florida Statutes.) (R) Commercial foreclosure—all matters relating to the termination of a business owner’s interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property. (S) Homestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption. (T) Nonhomestead residential foreclosure—all matters relating to the termination of a residential property owner’s interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption. (U) Other real property actions—all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure. (V) Professional malpractice—all professional malpractice lawsuits. (W) Malpractice—business—all matters relating to a business’s or business person’s failure to exercise the degree of care and skill that someone in the same line of work would use under similar circumstances.
(X) Malpractice—medical—all matters relating to a doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. (Y) Malpractice—other professional—all matters relating to negligence of those other than medical or business professionals. (Z) Other—all civil matters not included in other categories. (AA) Antitrust/Trade regulation—all matters relating to unfair methods of competition or unfair or deceptive business acts or practices. (AB) Business transactions—all matters relating to actions that affect financial or economic interests. (AC) Constitutional challenge—statute or ordinance—a challenge to a statute or ordinance, citing a violation of the Florida Constitution. (AD) Constitutional challenge—proposed amendment—a challenge to a legislatively initiated proposed constitutional amendment, but excluding challenges to a citizen-initiated proposed constitutional amendment because the Florida Supreme Court has direct jurisdiction of such challenges. (AE) Corporate trusts—all matters relating to the business activities of financial services companies or banks acting in a fiduciary capacity for investors. (AF) Discrimination—employment or other—all matters relating to discrimination, including employment, sex, race, age, handicap, harassment, retaliation, or wages. (AG) Insurance claims—all matters relating to claims filed with an insurance company. (AH) Intellectual property—all matters relating to intangible rights protecting commercially valuable products of the human intellect. (AI) Libel/Slander—all matters relating to written, visual, oral, or aural defamation of character. (AJ) Shareholder derivative action—all matters relating to actions by a corporation’s shareholders to protect and benefit all shareholders against corporate management for improper management. (AK) Securities litigation—all matters relating to the financial interest or instruments of a company or corporation.
(AL) Trade secrets—all matters relating to a formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors. (AM) Trust litigation—all civil matters involving guardianships, estates, or trusts and not appropriately filed in probate proceedings. County Civil (AN) Civil – all matters involving claims ranging from $8,001 through $30,000 in damages, exclusive of interest, costs, and attorney fees. (AO) Real property/Mortgage foreclosure-all matters involving claims up to $30,000 relating to the possession, title, or boundaries of real property. All matters involving foreclosures or sales of real property up to $30,000, including foreclosures associate with condominium associations or condominium units. (AP) Replevins—all lawsuits pursuant to Chapter 78, Florida Statutes, involving claims up to $30,000. (AQ) Evictions—all matters involving the recovery of possession of leased land or rental property by process of law. (AR) Other civil (non-monetary)—includes all other non-monetary county civil matters that were not described in other county civil categories. IV. Remedies Sought. Place an “X” on the appropriate line. If more than one remedy is sought in the complaint or petition, check all that apply. V. Number of Causes of Action. If the complaint or petition alleges more than one cause of action, note the number and the name of the cause of action. VI. Class Action. Place an “X” on the appropriate line. VII. Related Cases. Place an “X” on the appropriate line. VIII. Is Jury Trial Demanded In Complaint? Check the appropriate line to indicate whether a jury trial is being demanded in the complaint. IX. Sexual Abuse. Plan an “X” on the appropriate line. ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly the name of the person signing the civil cover sheet. Attorneys must include a Florida Bar number. Insert the date the civil cover sheet is signed. Signature is a certification that the filer has provided accurate information on the civil cover sheet, and has read and complied with the requirements of Florida Rule of General Practice and Judicial Administration 2.425.
FORM 1.998. FINAL DISPOSITION FORM This form shall be filed by the prevailing party with the Clerk of Court for the purpose of reporting uniform case data pursuant to Florida Statutes section 25.075. (See instructions on the reverse of the form.) I. CASE STYLE (Name of Court) . Plaintiff Case # Judge vs. Defendant II. AMOUNT OF FINAL JUDGMENT Please indicate the amount of the final judgment, rounded to the nearest dollar. $ III. MEANS OF FINAL DISPOSITION (Place an “x” in one box for major category and one subcategory, if applicable, only) Dismissed Before Hearing Dismissed Pursuant to Settlement—Before Hearing Dismissed Pursuant to Mediated Settlement—Before Hearing Other—Before Hearing Dismissed After Hearing Dismissed Pursuant to Settlement—After Hearing Dismissed Pursuant to Mediated Settlement—After Hearing Other After Hearing—After Hearing Disposed by Default Disposed by Judge Disposed by Non-jury Trial
Disposed by Jury Trial Other DATE SIGNATURE OF ATTORNEY FOR PREVAILING PARTY
INSTRUCTIONS FOR ATTORNEYS COMPLETING FINAL DISPOSITION FORM I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned to the case and the names (last, first, middle initial) of plaintiff(s) and defendant(s). II. Amount of Final Judgment. Enter the amount as recorded in the final judgment. III. Means of Final Disposition. Place an “x” in the appropriate major category box and in the appropriate subcategory box, if applicable. The following are the definitions of the disposition categories. (A) Dismissed Before Hearing—the case is settled, voluntarily dismissed, or otherwise disposed of before a hearing is held; (B) Dismissed Pursuant to Settlement—Before Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reached without mediation before a hearing is held; (C) Dismissal Pursuant to Mediated Settlement—Before Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reached with mediation before a hearing is held; (D) Other—Before Hearing—the case is dismissed before hearing in an action that does not fall into one of the other disposition categories listed on this form; (E) Dismissed After Hearing—the case is dismissed by a judge, voluntarily dismissed, or settled after a hearing is held; (F) Dismissal Pursuant to Settlement—After Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reach without mediation after a hearing is held; (G) Dismissal Pursuant to Mediated Settlement—After Hearing—the case is voluntarily dismissed by the plaintiff after a settlement is reach with mediation after a hearing is held; (H) Other—After Hearing—the case is dismissed after hearing in an action that does not fall into one of the other disposition categories listed on this form;
(I) Disposed by Default—a defendant chooses not to or fails to contest the plaintiff’s allegations and a judgment against the defendant is entered by the court; (J) Disposed by Judge—a judgment or disposition is reached by the judge in a case that is not dismissed and in which no trial has been held. Includes stipulations by the parties, conditional judgments, summary judgment after hearing and any matter in which a judgment is entered excluding cases disposed of by default as in category (I) above; (K) Disposed by Non-Jury Trial—the case is disposed as a result of a contested trial in which there is no jury and in which the judge determines both the issues of fact and law in the case; (L) Disposed by Jury Trial—the case is disposed as a result of a jury trial (consider the beginning of a jury trial to be when the jurors and alternates are selected and sworn); (M) Other—the case is consolidated, submitted to arbitration or mediation, transferred, or otherwise disposed of by other means not listed in categories (A) through (L). DATE AND ATTORNEY SIGNATURE. Date and sign the final disposition form. FORM 1.999. ORDER DESIGNATING A CASE COMPLEX This form order is for designating a case complex under rule 1.201 and directing the clerk of court to update the court’s records and to report the case activity to the Supreme Court. ORDER DESIGNATING CASE A “COMPLEX CASE” DIRECTIONS TO THE CLERK OF COURT THIS CAUSE was considered on [the court’s own motion] [the motion of a party] to designate this case a “complex case” as defined in rule 1.201, Fla. R. Civ. P. Being fully advised in the circumstances, the court determines that the case meets the criteria for proceeding under the rule and designates it as a “complex case.” The clerk of the court shall designate this case a “complex case,” update the court’s records accordingly, and report such designation and the case activity to the Supreme Court pursuant to section 25.075, Florida Statutes, and rule 2.245(a), Fla. R. Gen. Prac. & Jud. Admin. DONE AND ORDERED at ………. County, Florida, on …..(date)……
Judge APPENDIX I— STANDARD INTERROGATORIES FORMS FORM 1. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO PLAINTIFF (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. List the names, business addresses, dates of employment, and rates of pay regarding all employers, including self-employment, for whom you have worked in the past 10 years. 3. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, your date of birth, and, if you are or have ever been married, the name of your spouse or spouses. 4. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? 5. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 6. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness? 7. Did you consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 8. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident.
9. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 10. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding this charge, and, if so, what is the name and address of the person or entity that prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? 11. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and, as to any injuries you contend are permanent, the effects on you that you claim are permanent. 12. List each item of expense or damage, other than loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the complaint, giving for each item the date incurred, the name and business address of the person or entity to whom each was paid or is owed, and the goods or services for which each was incurred. 13. Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount and the method that you used in computing the amount. 14. Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories? If so, state the amounts paid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third parties have or claim a right of subrogation. 15. List the names and business addresses of each physician who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. 16. List the names and business addresses of all other physicians, medical facilities, or other health care providers by whom or at which you have been examined or treated in the past 10 years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated.
17. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 18. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. 19. State the name and address of every person known to you, your agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, audio recording, visual recording, audiovisual recording, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 20. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 21. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. 22. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. FORM 2. GENERAL PERSONAL INJURY NEGLIGENCE — INTERROGATORIES TO DEFENDANT (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed?
2. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, and your date of birth. 3. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 4. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in plaintiff’s complaint, detailing as to such policies the name of the insurer, the number of the policy, the effective dates of the policy, the available limits of liability, and the name and address of the custodian of the policy. 5. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 6. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 7. State the facts upon which you rely for each affirmative defense in your answer. 8. Do you contend any person or entity other than you is, or may be, liable in whole or part for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention. 9. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding the charge, and, if so, what is the name and address of the person or entity who prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? 10. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge.
11. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. 12. State the name and address of every person known to you, your agents, or your attorneys who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, audio recording, visual recording, audiovisual recording, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 13. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 14. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. 15. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. FORM 3. MEDICAL MALPRACTICE — INTERROGATORIES TO PLAINTIFF (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.) 23. Do you contend that you have experienced any injury or illness as a result of any negligence of this defendant? If so, state the date that each such injury occurred, a description of how the injury was caused, and the exact nature of each such injury. 24. What condition, symptom, or illness caused you to obtain medical care and treatment from this defendant?
25. Do you claim this defendant neglected to inform or instruct or warn you of any risk relating to your condition, care, or treatment? If so, state of what, in your opinion, the defendant failed to inform, instruct, or warn you. 26. If you contend that you were not properly informed by this defendant regarding the risk of the treatment or the procedure performed, state what alternative treatment or procedure, if any, you would have undergone had you been properly informed. 27. State the date and place and a description of each complaint for which you contend the defendant refused to attend or treat you. 28. State the date you became aware of the injuries sued on in this action, and describe in detail the circumstances under which you became aware of each such injury; state the date you became aware that the injuries sued on in this action were caused or may have been caused by medical negligence; and describe in detail the circumstances under which you became aware of the cause of said injuries. 29. State the name and address of every person or organization to whom you have given notice of the occurrence sued on in this case because you, your agents, or your attorneys believe that person or organization may be liable in whole or in part to you. FORM 4. MEDICAL MALPRACTICE — INTERROGATORIES TO DEFENDANT (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Defendant.) NOTE: When the word “Plaintiff” is mentioned, these interrogatories are directed to be answered regarding (name of plaintiff/patient). 16. Please give us your entire educational background, starting with your college education and chronologically indicating by date and place each school, college, course of study, title of seminars, length of study, and honors received by you up to the present time, including internships, residencies, degrees received, licenses earned or revoked, medical specialty training, board memberships, authorship of any books, articles, or texts, including the names of those writings and their location in medical journals, awards or honors received, and continuing medical education. 17. Please give us your entire professional background up to the present time, including dates of employment or association, the names of all physicians with whom you have practiced, the form of employment or business relationship such as whether by partnership, corporation, or sole
proprietorship, and the dates of the relationships, including hospital staff privileges and positions, and teaching experience. 18. With respect to your office library or usual place of work, give us the name, author, name of publisher, and date of publication of every medical book or article, journal, or medical text to which you had access, which deals with the overall subject matter described in paragraph [whatever paragraph number that concerns negligence] of the complaint. (In lieu of answering this interrogatory you may allow plaintiff’s counsel to inspect your library at a reasonable time.) 19. If you believe there was any risk to the treatment you rendered to the plaintiff, state the nature of all risks, including whether the risks were communicated to the plaintiff; when, where, and in what manner they were communicated; and whether any of the risks in fact occurred. 20. Tell us your experience in giving the kind of treatment or examination that you rendered to the plaintiff before it was given to the plaintiff, giving us such information as the approximate number of times you have given similar treatment or examinations, where the prior treatment or examinations took place, and the successful or unsuccessful nature of the outcome of that treatment or those examinations. 21. Please identify, with sufficient particularity to formulate the basis of a request to produce, all medical records of any kind of which you are aware which deal with the medical treatment or examinations furnished to the plaintiff at any time, whether by you or another person or persons. 22. Please state whether any claim for medical malpractice has ever been made against you alleging facts relating to the same or similar subject matter as this lawsuit, and, if so, state as to each such claim the names of the parties, the claim number, the date of the alleged incident, the ultimate disposition of the claim, and the name of your attorney, if any. FORM 5. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO PLAINTIFF (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Plaintiff.) 23. At the time of the incident described in the complaint, were you wearing a seat belt? If not, please state why not; where you were seated in the vehicle; and whether the vehicle was equipped with a seat belt that was operational and available for your use. 24. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the
incident? If so, describe the nature of the defect and how it contributed to the incident. FORM 6. AUTOMOBILE NEGLIGENCE — INTERROGATORIES TO DEFENDANT (These interrogatories should be used in conjunction with the General Personal Injury Negligence Interrogatories to Defendant.) 16. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? 17. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness? 18. Did you consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 19. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the incident? If so, describe the nature of the defect and how it contributed to the incident. 20. List the name and address of all persons, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint; and describe both the nature of the ownership interest or right to control the vehicle, and the vehicle itself, including the make, model, year, and vehicle identification number. 21. At the time of the incident described in the complaint, did the driver of the vehicle described in your answer to the preceding interrogatory have permission to drive the vehicle? If so, state the names and addresses of all persons who have such permission. 22. At the time of the incident described in the complaint, was the defendant driver engaged in any mission or activity for any other person or entity, including any employer? If so, state the name and address of that person or entity and the nature of the mission or activity. 23. Was the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint damaged in the incident, and, if so, what was the cost to repair the damage?
APPENDIX II STATEWIDE UNIFORM GUIDELINES FOR TAXATION OF COSTS IN CIVIL ACTIONS Purpose and Application. These guidelines are advisory only. The taxation of costs in any particular proceeding is within the broad discretion of the trial court. The trial court should exercise that discretion in a manner that is consistent with the policy of reducing the overall costs of litigation and of keeping such costs as low as justice will permit. With this goal in mind, the trial court should consider and reward utilization of innovative technologies by a party which subsequently minimizes costs and reduce the award when use of innovation technologies that were not used would have resulted in lowering costs. In addition, these guidelines are not intended to (1) limit the amount of costs recoverable under a contract or statute, or (2) prejudice the rights of any litigant objecting to an assessment of costs on the basis that the assessment is contrary to applicable substantive law. Burden of Proof. Under these guidelines, it is the burden of the moving party to show that all requested costs were reasonably necessary either to defend or prosecute the case at the time the activity precipitating the cost was undertaken. I. Litigation Costs That Should Be Taxed. A. Depositions 1. The original and one copy of the deposition and court reporter’s per diem for all depositions. 2. The original and/or one copy of the electronic deposition, including audiovisually recorded depositions, and the cost of the services of a technician for electronic depositions used at trial. 3. Telephone toll and electronic conferencing charges for the conduct of telephone and electronic depositions. B. Documents and Exhibits 1. The costs of copies of documents filed (in lieu of “actually cited”) with the court, which are reasonably necessary to assist the court in reaching a conclusion. 2. The costs of copies obtained in discovery, even if the copies were not used at trial. C. Expert Witnesses
1. A reasonable fee for deposition and/or court testimony, and the costs of preparation of any court ordered report. D. Witnesses 1. Costs of subpoena, witness fee, and service of witnesses for deposition and/or trial. E. Court Reporting Costs Other than for Depositions 1. Reasonable court reporter’s per diem for the reporting of evidentiary hearings, trial and post-trial hearings. F. Reasonable Charges Incurred for Requiring Special Magistrates, Guardians Ad Litem, and Attorneys Ad Litem G. Filing Fees and Service of Process Fees. II. Litigation Costs That May Be Taxed as Costs. A. Mediation/Nonbinding Arbitration Fees and Expenses 1. Costs of mediation, including mediator fees. 2. Costs of court-ordered nonbinding arbitration, including arbitrator fees. B. Reasonable Travel Expenses 1. Reasonable travel expenses of expert when traveling in excess of 100 miles from the expert’s principal place of business (not to include the expert’s time). 2. Reasonable travel expenses of witnesses. C. Electronic Discovery Expenses 1. The cost of producing copies of relevant electronic media in response to a discovery request. 2. The cost of converting electronically stored information to a reasonably usable format in response to a discovery request that seeks production in such format. D. Testifying Expert Witnesses. 1. A reasonable fee for conducting examinations, investigations, tests, and research and preparing reports.
2. A reasonable fee for testimony at court-ordered nonbinding arbitration. 3. A reasonable fee for preparing for deposition, court-ordered nonbinding arbitration, and/or court testimony. III. Litigation Costs That Should Not Be Taxed as Costs. A. The Cost of Long Distance Telephone Calls with Witnesses, both Expert and Non-Expert (including conferences concerning scheduling of depositions or requesting witnesses to attend trial) B. Any Expenses Relating to Consulting But Non-Testifying Experts C. Cost Incurred in Connection with Any Matter Which Was Not Reasonably Calculated to Lead to the Discovery of Admissible Evidence D. Travel Time 1. Travel time of attorney(s). 2. Travel time of expert(s). E. Travel Expenses of Attorney(s) F. The Cost of Privilege Review of Documents, including Electronically Stored Information.