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Step 1: Review the Law – Florida Statutes and Rules of Court. Different types of cases such as civil, family, probate, traffic, criminal, etc., have different requirements. This information is provided as a general guide for people trying to handle their own cases and is not intended as a substitute for legal advice from an attorney.
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Once your forms are complete, file them with the Clerk of...
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Alimony – forms 12.905 – This is money one spouse is ordered...
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- The party initiating the lawsuit (the Plaintiff) begins the process by filing a Complaint and a Summons. The Complaint sets forth the claims by the Plaintiff against the party being sued (the Defendant).
- The Defendant has a certain amount of time to file an Answer to the Complaint. The Answer admits or denies the allegations in the Complaint. It also sets forth any legal defenses the Defendant has against the claims by the Plaintiff and any claims the Defendant may have against the Plaintiff (called “Counterclaims”).
- If the Defendant fails to timely answer the Complaint, the Plaintiff may be awarded a default judgment against the Defendant.
- After the Answer has been filed, the parties begin the Discovery phase. This is the process whereby all the parties exchange documents and other relevant information regarding the issues in the lawsuit.
People also ask
What should I consider when filing a civil lawsuit in Florida?
What can you expect in Florida's civil litigation process?
How do you file a lawsuit against a defendant?
What happens after you file a case?
- Understand Your Case and Legal Grounds. Before initiating a lawsuit, it’s vital to have a clear understanding of your case. Determine your legal grounds and the type of lawsuit you’re filing.
- Seek Legal Advice. Consulting with an experienced attorney is crucial. They can help you evaluate the strength of your case, provide legal advice, and guide you through the process.
- Draft a Complaint. The complaint outlines your allegations and legal claims against the defendant. Your attorney will help draft a formal complaint that adheres to Florida’s legal standards.
- File the Complaint. Your complaint must be filed with the appropriate court in Florida. Pay the filing fee and submit your complaint to the clerk’s office.
- Step One: Complete The Paperwork
- Next Step: File Your Case
- Next Step: Notify The Other Party
- Next Step: Scheduleyour Court Date
- Next Step: Go to Court
The first step is to bring your problem or issue to the court’s attention by completing a Petition. This begins the process. DEFINITION: A petition is a written request to the court for some type of legal action — grant a divorce, for example. The person who asks for legal action is called the petitioner and remains the petitioner throughout the ca...
After completing the petition and all supporting documents, you must file them with your local clerk of the circuit court. This officially opens the case. Use the FIND A CLERK webpageto find your local clerk of court. 1. You may file petitions or other documents electronically; however, you are not required to do so. Read more about E-filing proced...
After you file your paperwork and open a case, you must notify the other party. This process is called “SERVICE.” This means the other party has been “served.” This is the official way to tell the other party (the Respondent) that something is happening to them in court and any scheduled hearings. Forms for service of process are located in the Sub...
Most of the time, courts follow this schedule: 1. Hearings on motions filed 2. Final hearings on uncontested (both parties agree) or default cases 3. Trials on contested divorces (parties don’t agree) REQUIREMENTS: 1. All documents are filed including the petition, answer and/or counterpetition. 2. All mandatory documents are filed: including discl...
Attend your hearing or trial.Bring all your paperwork.There are several stages to civil litigation in Florida and anything can happen along the way which can change the direction a case takes. For assistance with a civil litigation matter in Florida, please call a Tampa civil litigation lawyer at Fulgencio Law at (813) 463-0123 to schedule a free consultation.
Jun 6, 1999 · The purpose of the rule is to prevent a plaintiff from filing a suit and then taking no action whatsoever to proceed on the claim. 4 Courts have ruled favorably for the plaintiff when some attempt at service is shown.
Oct 29, 2017 · Florida civil litigation is when one individual or business entity sues another. In a civil litigation case, the plaintiff sues the defendant to recoup damages done to them, usually through monetary damages or awards. Your attorney should help you understand exactly how your litigation timeline will fit with this chronology.
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