Florida General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

State:
Multi-State
Control #:
US-01058BG
Format:
Word; 
Rich Text
Instant download

Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion
  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

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FAQ

A motion must include ? in a single document no longer than twenty-five pages inclusive of all parts ? a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request.

A motion or petition is a request for the court to make a decision. A hearing or trial is the time when the court (a judge, general magistrate, or a hearing officer) makes the decision on a party's motion or petition. Generally, motions are decided at a hearing and petitions are decided at a trial.

If an answer or third-party answer contains an affirmative defense and the opposing party seeks to avoid it, the opposing party must file a reply containing the avoidance. No other pleadings will be allowed.

General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...

Anytime you have set a hearing before a judge, you must send notice of the hearing to the other party. IMPORTANT: If your hearing has been set before a general magistrate, you should use Notice of Hearing Before General Magistrate, Florida Family Law Rules of Procedure Form 12.920(c).

Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.

Types of motions include, but are not limited to: motions to continue a trial to a later date, to modify a previous order of the court, for temporary child support, for clarification of an order, for the dismissal of the opposing party's case, for a rehearing, for contempt, for costs or attorney's fees.

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Florida General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion