This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Declaratory Judgment File With Judge In Miami-Dade
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State:
Multi-State
County:
Miami-Dade
Control #:
US-000299
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Word;
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A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
Under Florida law, to bring a declaratory judgment action, the plaintiff must show the following: A bona fide dispute between the parties. The complainant raises a question that the court can answer regarding immunity, power, privilege, or right.
The claim can be filled and submitted online at the Miami-Dade County Clerk's Office. You may print out the application and file the claim in person at a local courthouse if you choose. More resources are available on the Miami-Dade County Law Library site.
A declaratory judgment establishes the rights and other legal actions of the parties without providing for or ordering enforcement. One example is, if you purchased a vehicle or boat and cannot obtain a certificate of title from the previous owner, you can obtain a judgment declaring your ownership.
For example, a declaratory judgment action could be brought to determine party rights and obligations under a contract or to establish the validity of a patent . Under Article III of the U.S. Constitution , a federal court may only issue a declaratory judgment when there is an actual controversy .
Outlining a Declaratory Judgment Action Under Florida law, to bring a declaratory judgment action, the plaintiff must show the following: A bona fide dispute between the parties. The complainant raises a question that the court can answer regarding immunity, power, privilege, or right.
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
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Address of the judgment creditor (and attorney's name, address, phone number and bar number). The enforcement of the foreign judgment is jurisdictional.The affidavit must be notarized. 8. You must file your completed paper work with the Clerk of the Circuit Court in the appropriate county. The following requirements apply to cases in the Civil Division of the County Court. Please complete the COMPLAINT FOR DECLARATORY JUDGMENT enclosed in this Packet and sign it in the presence of a Deputy Clerk or Notary Public. Declaratory judgment actions allow parties to a potential action to determine their rights and responsibilities before a lawsuit is filed. After completing this form, you should file the original with the Clerk of Court in the county where you filed your complaint and keep a copy for your records. Follow these instructions for completing the form: I. Case Style. The final judgment is the Judge's final decision in the case as recorded in the files kept in the Miami-Dade Clerk of Courts office.