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Blank Florida Motion Form

The Florida Motion for Civil Contempt/Enforcement form is a legal document used to request the court's intervention when a party fails to comply with a prior court order or final judgment. This form allows individuals to initiate a civil contempt proceeding, seeking enforcement of the original order. By completing and filing this motion, petitioners can ask the court to hold the non-compliant party accountable for their actions.

Outline

The Florida Motion for Civil Contempt/Enforcement, officially known as Form 12.960, serves as a critical tool for individuals seeking to ensure compliance with prior court orders or judgments. This form is particularly useful when one party believes that another has failed to adhere to the stipulations set forth by the court. To initiate a civil contempt proceeding, the moving party must clearly articulate the specific actions—or lack thereof—of the other party that demonstrate noncompliance. The process begins with the completion of the form, which must be filed with the circuit court in the relevant county. Attention to detail is essential; the form should be typed or neatly printed in black ink, and it must be signed before a notary public or deputy clerk. Once filed, the original form must be submitted to the court clerk, and a copy should be retained for personal records. It is important to note that the Florida judicial system now mandates electronic filing for most documents, though self-represented litigants have the option to file in person if they prefer. Moreover, once the motion is filed, proper service to the other party is required, which can be achieved through personal service, mailing, or electronic means, depending on the circumstances. Following the filing and service, the court will schedule a hearing where the moving party must present evidence of the other party's noncompliance. This process can lead to various outcomes, including sanctions or orders compelling compliance, depending on the court's findings. Understanding the nuances of this form and the accompanying procedures is vital for anyone navigating the complexities of family law in Florida.

Sample - Florida Motion Form

Instructions for Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil

Contempt/Enforcement (11/15)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW

FORM 12.960,

MOTION FOR CIVIL CONTEMPT/ENFORCEMENT (11/15)

When should this form be used?

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

What should I do next?

To initiate a civil contempt/enforcement proceeding against a party who is not complying with a prior

court order, you must file a motion with the court explaining what the party has failed to do. This form

should be typed or printed in black ink. After completing this form, you should sign it before a notary

public or deputy clerk. You should then file the original with the clerk of the circuit court in the county

where your case was filed and keep a copy for your records.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be

filed electronically except in certain circumstances. Self-represented litigants may file petitions or other

pleadings or documents electronically; however, they are not required to do so. If you choose to file

your pleadings or other documents electronically, you must do so in accordance with Florida Rule of

Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.

The rules and procedures should be carefully read and followed.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified

process server, the Florida Rules of Judicial Administration now require that all documents required or

permitted to be served on the other party must be served by electronic mail (e-mail) except in certain

circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial

Administration. If you elect to participate in electronic service, which means serving or receiving

pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review

Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link

to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules

of Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT

REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the

procedures must always be followed once the initial election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the

Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form

12.915, and you must provide your e-mail address on each form on which your signature appears.

Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme

Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida

Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

Instructions for Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil

Contempt/Enforcement (11/15)

A copy of this form must be personally served by a sheriff or private process server or mailed,* e-

mailed*, or hand delivered to any other party(ies) in your case. *Please note that if notice is mailed or

e-mailed, the court in certain circumstances may not consider mailing or e-mailing, to be adequate

notice. If you want to be sure, you should have the motion personally served. This is a technical area of

the law; if you have any questions about it, you should consult a lawyer. For more information on

personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family

Law Rules of Procedure Form 12.910(a).

The court will then set a hearing. You should check with the clerk of court, judicial assistant, or family

law intake staff for information on the local procedure for scheduling a hearing. Once you know the

time and date of the hearing, you will need to complete Notice of Hearing on Motion for

Contempt/Enforcement, Florida Supreme Court Approved Family Law Form 12.961, or, if applicable,

Notice of Hearing (Child Support Enforcement Hearing Officer), Florida Supreme Court Approved

Family Law Form 12.921, or [Notice of Hearing Before] General Magistrate, Florida Family Law Rules of

Procedure Form 12.920[(c)], which will specify a time and place for a hearing on the issue. A copy of this

form must be mailed, e-mailed, or hand delivered to the other party. Again, if notice is mailed, the court

in certain circumstances may not consider mailing or e-mailing to be adequate notice. If you want to be

sure, you should have the notice personally served. This is a technical area of the law; if you have any

questions about it, you should consult a lawyer. For more information on personal service, see the

instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form

12.910(a).

At the hearing, as in any other civil proceeding, you, as the moving party, will have the burden of proving

the other party has not obeyed a prior court order. Once noncompliance is established, the other party

will have an opportunity to show an inability to comply with the prior court order. If he or she is unable

to do so, the judge may find the other party to be in contempt. If so, the judge may order appropriate

sanctions to compel compliance by the other party, including jail, payment of attorneys’ fees, suit

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

Where can I look for more information?

Before proceeding, you should read General Information for Self-Represented Litigants found at the

beginning of these forms. See also section 61.14, Florida Statutes and rule 12.615, Florida Family Law

Rules of Procedure.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out

these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules

of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms

also must put his or her name, address, and telephone number on the bottom of the last page of every

form he or she helps you complete.

Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement

(11/15)

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,

IN AND FOR __________________________ COUNTY, FLORIDA

Case No: _________________________

Division: _________________________

____________________________________,

Petitioner,

and

____________________________________,

Respondent.

MOTION FOR CIVIL CONTEMPT/ENFORCEMENT

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

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

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

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

______________________________________________________________________________

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

2. This order of the Court required the other party in this case to do or not do the following:

{Explain what the other party was ordered to do or not do.} ______________________________

______________________________________________________________________________

_____ Please indicate here if additional pages are attached.

3. The other party in this case has willfully failed to comply with this order of the Court: {Explain

what the other party has or has not done.} ___________________________________________

______________________________________________________________________________

_____ Please indicate here if additional pages are attached.

4. I respectfully request that the Court issue an order holding the above-named person in civil

contempt, if appropriate, and/or providing the following relief:

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

Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement

(11/15)

b. _____ awarding a monetary judgment;

c. _____ if a monetary judgment was included in the prior order, issuing a writ of execution or

garnishment or other appropriate process;

d. _____ awarding prejudgment interest;

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

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

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

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

other party with a purge;

i. _____ issuing a writ of possession for real property, writ for possession of personal

property, or other appropriate writ;

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

on this motion;

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

depository;

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

income or funds;

m. _____ requiring the other party to seek employment;

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

______________________________________________________________________________

__________________________________________________________________________; and

o. _____ awarding other relief {explain}: _____________________________________________

______________________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.960, Motion for Civil Contempt/Enforcement

(11/15)

I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand-

delivered to the person(s) listed below on {date} _______________.

Other party or his/her attorney:

Printed Name: _________________________________

Address: ______________________________________

City, State, Zip: _________________________________

Telephone Number: _____________________________

Fax Number: ___________________________________

Designated E-mail Address(es): ____________________

_____________________________________________

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this

motion and that the punishment for knowingly making a false statement includes fines and/or

imprisonment.

Dated: ______________________ ____________________________________________

Signature of Party or his/her attorney

Printed Name: _________________________________

Address: ______________________________________

City, State, Zip: _________________________________

Telephone Number: _____________________________

Fax Number: ___________________________________

Designated E-mail Address(es): ____________________

_____________________________________________

STATE OF FLORIDA

COUNTY OF ____________________

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

_____________________________________________

NOTARY PUBLIC or DEPUTY CLERK

_____________________________________________

[Print, type, or stamp commissioned name of notary or

deputy clerk.]

____ Personally known

____ Produced identification

Type of identification produced ________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent

This form was completed with the assistance of:

{name of individual} ____________________________________________________________________,

{name of business} _____________________________________________________________________,

{address} _____________________________________________________________________________,

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

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Form Information

Fact Name	Description
Purpose	This form is used to request the court to enforce a prior court order or final judgment when a party is not complying.
Filing Requirements	The motion must be filed with the clerk of the circuit court in the county where the case was originally filed.
Signature Requirement	The completed form must be signed before a notary public or deputy clerk to ensure its validity.
E-Filing Regulations	All documents must be filed electronically as per Florida Rule of Judicial Administration 2.525, with exceptions for self-represented litigants.
E-Service Obligations	After the initial service, all documents must be served via electronic mail unless otherwise specified, in compliance with Florida Rule of Judicial Administration 2.516.
Burden of Proof	At the hearing, the moving party must demonstrate that the other party has willfully failed to comply with the court order.
Potential Outcomes	If contempt is established, the judge may impose sanctions, including fines, attorney fees, or even incarceration.

Detailed Guide for Filling Out Florida Motion

Completing the Florida Motion form is an important step in seeking enforcement of a prior court order. After filling out the form, it must be signed and filed with the appropriate court. Following these steps will help ensure that the motion is properly submitted and that all necessary information is included.

Begin by entering the name of the judicial circuit and the county where your case is filed at the top of the form.
Fill in the case number and division information as indicated on the form.
Identify the parties involved in the case by entering the names of the Petitioner and Respondent.
Clearly state the reason for the motion by checking the appropriate box for either the Petitioner or Respondent.
In the first section, provide the title of the final judgment or order and the date it was entered. Include the court's name, city, and state where applicable.
If the judgment or order is from a different court, indicate this and attach a copy of that order.
In the second section, explain what the other party was ordered to do or not do according to the court's order.
In the third section, describe how the other party has willfully failed to comply with the court order.
In the fourth section, check the boxes for the relief you are requesting from the court, such as enforcing compliance, awarding monetary judgment, or other remedies.
At the bottom of the form, certify that you have provided a copy of the motion to the other party by indicating the method of service (mail, e-mail, hand delivery) and the date of service.
Sign the form and include your printed name, address, and contact information.
Have the document notarized by a notary public or deputy clerk, who will confirm your identity and witness your signature.
If a nonlawyer assisted you, ensure they complete the required section at the end of the form.

Once the form is completed, it should be filed with the clerk of the circuit court in your county. It is essential to keep a copy for your records. The court will then set a hearing date for the motion. Be sure to check local procedures for scheduling the hearing and follow any additional requirements for notifying the other party about the hearing date.

Obtain Answers on Florida Motion

What is the purpose of the Florida Motion for Civil Contempt/Enforcement form?

This form is used to request the court to enforce a prior court order or final judgment. If one party is not complying with what was previously ordered by the court, the other party can file this motion to seek enforcement.
When should I use this form?

You should use this form when you believe that the other party has willfully failed to comply with a court order. This could include situations where they have not made required payments, failed to return property, or not followed other specific court directives.
How do I file the motion?

To file the motion, you must complete the form and sign it in front of a notary public or deputy clerk. After that, submit the original to the clerk of the circuit court in the county where your case was filed. Remember to keep a copy for your records.
What is the process for serving the motion?

The motion must be personally served to the other party by a sheriff or a private process server. Alternatively, you can mail, e-mail, or hand-deliver it. However, personal service is the most reliable way to ensure the other party receives proper notice.
What happens after I file the motion?

Once the motion is filed, the court will schedule a hearing. You should check with the clerk of court or family law intake staff to understand the local procedures for scheduling this hearing.
What should I do if I want to participate in electronic filing?

If you choose to file electronically, you must comply with Florida Rule of Judicial Administration 2.525. This includes following the specific procedures set by the judicial circuit in which you are filing. Note that electronic filing is not mandatory for self-represented litigants.
What is electronic service, and how does it work?

Electronic service allows you to serve documents via e-mail after the initial service of process. If you opt for this method, you must designate your e-mail address using the appropriate form and ensure you follow the format requirements outlined in the rules.
What should I expect at the hearing?

During the hearing, you will need to prove that the other party has not complied with the court order. If you successfully establish noncompliance, the other party may then have the chance to demonstrate their inability to comply. If they cannot do so, the judge may hold them in contempt and impose various sanctions.
What kind of relief can the court grant?

The court has several options for relief, including enforcing compliance, awarding monetary judgments, or even ordering incarceration in some cases. The specific relief will depend on the circumstances of your case and what the judge deems appropriate.
Where can I find more information?

For additional information, you can refer to the General Information for Self-Represented Litigants at the beginning of the family law forms. You may also want to review relevant sections of the Florida Statutes and the Florida Family Law Rules of Procedure for further guidance.

Common mistakes

Filling out the Florida Motion for Civil Contempt/Enforcement form can be a complex task, and many individuals make mistakes that can affect the outcome of their case. One common error is failing to provide complete and accurate information regarding the prior court order. The form requires specific details, such as the title of the final judgment or order and the date it was entered. Omitting this information or providing vague descriptions can lead to confusion and may cause the court to dismiss the motion.

Another frequent mistake involves the explanation of the other party's noncompliance with the court order. It's essential to clearly articulate what the other party has failed to do or has done in violation of the order. Insufficient details can weaken your case. For instance, simply stating that the other party "did not comply" without explaining how or what they failed to do does not provide the court with the necessary context to understand the situation.

Additionally, individuals often overlook the requirement for proper service of the motion. The form mandates that a copy must be personally served by a sheriff or private process server, or it can be mailed or emailed. However, it is important to note that mailing or emailing may not always be considered adequate notice by the court. To avoid complications, ensuring personal service is often the safest approach.

Finally, many people neglect to follow the electronic filing and service rules. The Florida Rules of Judicial Administration require electronic filing for most documents, and failing to comply with these rules can result in delays or rejection of the motion. Self-represented litigants should familiarize themselves with the specific procedures outlined for their judicial circuit to ensure compliance.

Documents used along the form

When dealing with legal matters in Florida, especially in family law, there are several important documents that often accompany the Florida Motion for Civil Contempt/Enforcement form. Understanding these forms can help ensure that you follow the correct procedures and effectively communicate with the court. Below are some of the key documents that you may need to consider.

Notice of Hearing on Motion for Contempt/Enforcement (Form 12.961): This document informs the other party of the time and place of the hearing regarding the motion for contempt. It is crucial for ensuring that all parties are aware of the proceedings and can prepare accordingly.
Notice of Hearing (Child Support Enforcement Hearing Officer) (Form 12.921): If your motion involves child support issues, this notice is used to schedule a hearing specifically with a child support enforcement officer. It ensures that the appropriate authority addresses the matter.
Designation of Current Mailing and E-mail Address (Form 12.915): This form allows parties to designate their current mailing and email addresses for service of documents. It is particularly important if you choose to receive documents electronically, ensuring that all communications reach you without delay.
Certificate of Service (Form 12.914): This document confirms that you have properly served the other party with the necessary documents related to your motion. It is essential for maintaining the integrity of the legal process and ensuring that all parties are informed.

By familiarizing yourself with these forms, you can navigate the legal landscape more effectively. Each document plays a vital role in ensuring that your motion is heard and that all parties involved are kept informed throughout the process. If you have any questions about these forms or the procedures involved, seeking legal advice is always a wise choice.

Similar forms

Motion for Summary Judgment: This document requests the court to rule in favor of one party without a trial, similar to how a motion for civil contempt seeks a ruling based on noncompliance with a court order.
Motion to Compel: This form asks the court to order a party to comply with discovery requests, akin to enforcing compliance with a prior court order in a civil contempt motion.
Motion for Modification: This document seeks to change an existing court order, paralleling the aim of the contempt motion to enforce or alter compliance with a prior order.
Motion for Enforcement of Judgment: This form specifically requests the court to enforce a judgment, directly related to the enforcement aspect of the civil contempt motion.
Notice of Hearing: This document informs parties of a scheduled court hearing, similar to the notice requirements in a civil contempt motion for a hearing on noncompliance.
Motion for Temporary Relief: This form requests immediate court intervention for temporary measures, akin to seeking urgent enforcement of a court order in a contempt motion.
Affidavit of Non-Compliance: This document provides sworn statements regarding a party's failure to comply with a court order, similar to the factual basis required in a civil contempt motion.
Petition for Civil Contempt: This document is essentially the same as a motion for civil contempt, both seeking the court's intervention for noncompliance with a prior order.
Motion for Sanctions: This form requests the court to impose penalties for noncompliance, directly related to the sanctions that may be ordered in a civil contempt motion.
Motion for Reinstatement: This document seeks to restore a case or rights that may have been lost due to noncompliance, similar to the enforcement aspect of a civil contempt motion.

Dos and Don'ts

When filling out the Florida Motion form, it is essential to follow specific guidelines to ensure your submission is complete and accurate. Here are nine important do's and don'ts to consider:

Do use black ink or type the form to maintain clarity.
Do sign the form in the presence of a notary public or deputy clerk.
Do file the original motion with the clerk of the circuit court in your county.
Do keep a copy of the completed form for your records.
Do ensure that all required documents are served on the other party as stipulated.
Don't submit the form without carefully reviewing all instructions and requirements.
Don't rely solely on mailing or e-mailing for service; consider personal service for assurance.
Don't forget to check local procedures for scheduling a hearing after filing the motion.
Don't neglect to consult a lawyer if you have questions about the process or requirements.

Misconceptions

Misconceptions about the Florida Motion form can lead to confusion and errors in the legal process. Here are nine common misconceptions clarified:

Only attorneys can file a motion. Many believe that only licensed attorneys can file motions. In fact, self-represented litigants can use the Florida Motion form to initiate proceedings.
The form must be filed in person. Some think that filing must be done in person at the courthouse. However, electronic filing is now required for most documents, making it more convenient.
Email service is mandatory for everyone. While the rules encourage electronic service, self-represented litigants are not required to serve documents by email. They can choose to use traditional methods instead.
Personal service is unnecessary. There is a belief that mailing or emailing the motion suffices for notice. In certain cases, personal service is crucial to ensure the other party receives proper notice.
The motion is automatically granted. Some individuals assume that filing a motion guarantees a favorable outcome. The moving party must prove noncompliance at the hearing for the court to take action.
All forms are the same. Many think that any motion form can be used interchangeably. Each form serves a specific purpose, and using the correct one is essential for the case.
Filing fees are always required. There is a misconception that all filings incur fees. In some instances, waivers may be available for those who qualify based on financial need.
Once filed, the court handles everything. Some believe that after filing, the court will manage all aspects of the case. In reality, it is the responsibility of the parties to keep track of court dates and follow up on proceedings.
Legal help is not needed. Lastly, some people think they can navigate the process entirely on their own. While self-representation is allowed, consulting with a lawyer can provide valuable guidance and improve the chances of a favorable outcome.

Understanding these misconceptions can help individuals navigate the legal process more effectively and ensure they follow the necessary steps for their cases.

Key takeaways

The Florida Motion for Civil Contempt/Enforcement form is used to request the court to enforce a prior court order or final judgment.
To start the process, you must file a motion with the court detailing how the other party has failed to comply with the order.
It is essential to complete the form by typing or printing it in black ink.
After filling out the form, you need to sign it in front of a notary public or deputy clerk.
Once signed, file the original document with the clerk of the circuit court in the county where your case is located, and keep a copy for your records.
Filing electronically is now required for most documents, so familiarize yourself with the Florida Rules of Judicial Administration regarding e-filing.
If you choose to serve documents by email, ensure you follow the specific rules and designate your email address properly.
Personal service of the motion is recommended, as mailing or emailing may not always be considered adequate notice by the court.
After filing, the court will schedule a hearing. Check with the court staff for local procedures on scheduling.
At the hearing, you must prove that the other party has not complied with the court order. If they cannot demonstrate an inability to comply, the judge may hold them in contempt.
If found in contempt, the judge can impose various sanctions, including fines or even incarceration, to ensure compliance.