Complex litigation rule amendments.The Florida Supreme Court, in response to a petition filed by the Task Force on the Management of Cases Involving Complex Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , recently adopted new or amended existing Florida Rules of Civil Procedure, Forms for Use With Rules of Civil Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms. See In re: Amendments to the Florida Rules of Civil Procedure--Management of Cases Involving Complex Litigation, No. SC08-1141 (Fla. May 28, 2009). Because the court adopted or amended the rules and forms in ways not proposed by the Task Force and never previously published for comment, either in response to suggestions by a commenter or on its own motion, the Court is publishing changes it made to Florida Rule of Civil Procedure 1.201 (Complex Litigation); Florida Rule of Civil Procedure 1.440 (Setting Action for Trial); Form for Use with Rules of Civil Procedure 1.997 (Civil Cover Sheet); Form for Use with Rules of Civil Procedure 1.998 (Final Disposition Form); Florida Family Law Rule of Procedure 12.100 (Pleadings pleadings: see procedure. and Motions); Florida Family Law Rule of Procedure 12.201 (Complex Litigation); and Florida Supreme Court Approved Family Law Form 12.928 (Family Court Cover Sheet). The court invites all interested persons, including the task force chair, to comment on the changes made by the court. The affected rules and forms are listed above and are reproduced in full below, as well as online at www.fl oridasupremecourt.org/decisions/index.shtml. An original and nine paper copies of all comments must be filed with the court on or before July 27, with a certificate of service verifying that a copy has been served on the Task Force Chair Thomas H. Bateman III, Messer, Caparello & Self, 2618 Centennial Place, Tallahassee 32317-5579. The task force chair has until August 17 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance Accordance is Bible Study Software for Macintosh developed by OakTree Software, Inc.[] As well as a standalone program, it is the base software packaged by Zondervan in their Bible Study suites for Macintosh. with the court's administrative order An order covering traffic, supplies, maintenance, evacuation, personnel, and other administrative details. In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC AOSC All Ohio Scanner Club (listeners to shortwave radio) 04-84 (Sept. 13, 2004). It is not the intent of the court to revisit re·vis·it tr.v. re·vis·it·ed, re·vis·it·ing, re·vis·its To visit again. n. A second or repeated visit. re prior comments or to entertain additional comments to the amendments proposed by the task force. Comments shall be limited only to the substantive changes made by the court that are indicated in bold print, save for Form 12.928, which is open to comment in its entirety. IN THE SUPREME COURT OF FLORIDA IN RE: AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE--MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, NO. SC08-1141 RULE 1.201. COMPLEX LITIGATION (a) Complex Litigation Defined. At any time after all defendants have been served, and an appearance has been entered in response to the complaint by each party or a default entered, any party, or the court on its own motion, may move to declare an action complex. However, any party may move to designate des·ig·nate tr.v. des·ig·nat·ed, des·ig·nat·ing, des·ig·nates 1. To indicate or specify; point out. 2. To give a name or title to; characterize. 3. an action complex before all defendants have been served subject to a showing to the court why service has not been made on all defendants. The court shall convene CONVENE, civil law. This is a technical term, signifying to bring an action. a hearing to determine whether the action requires the use of complex litigation procedures and enter an order within 10 days of the conclusion of the hearing. (1)--(2) [ADOPTED AS PROPOSED BY TASK FORCE WITHOUT SUBSTANTIVE CHANGE] (3) If all of the parties, pro se or through counsel, sign and file with the clerk of the court a written stipulation An agreement between attorneys that concerns business before a court and is designed to simplify or shorten litigation and save costs. During the course of a civil lawsuit, criminal proceeding, or any other type of litigation, the opposing attorneys may come to an agreement to the fact that an action is complex and identifying the factors in (2)(A) through (2)(H) above that apply, the court shall enter an order designating the action as complex without a hearing. (b) Initial Case Management Report and Conference. The court shall hold an initial case management conference within 60 days from the date of the order declaring the action complex. (1) At least 20 days prior to the date of the initial case management conference, attorneys for the parties as well as any parties appearing pro se shall confer and prepare a joint statement, which shall be filed with the clerk of the court no later than 14 days before the conference, outlining a discovery plan and stating: (A)--(O) [ADOPTED AS PROPOSED BY TASK FORCE WITHOUT SUBSTANTIVE CHANGE] (2) [ADOPTED AS PROPOSED BY TASK FORCE WITHOUT SUBSTANTIVE CHANGE] (3) [COURT DELETED Deleted A security that is no longer included on a specified market. Sometimes referred to as "delisted". Notes: Reasons for delisting include violating regulations, failing to meet financial specifications set out by the stock exchange and going bankrupt. "When the case is set to be tried before a jury, counsel shall provide to the court at the case management conference assurances that the trial date has been discussed with their clients." WHICH WAS INCLUDED IN THE LANGUAGE PROPOSED BY THE TASK FORCE; OTHERWISE, ADOPTED AS PROPOSED BY TASK FORCE WITHOUT SUBSTANTIVE CHANGE] (c) The Case Management Order. The case management order shall address each matter set forth under rule 1.200(a) and set the action for a pretrial conference A meeting of the parties to an action and their attorneys held before the court prior to the commencement of actual courtroom proceedings. A pretrial conference is a meeting of the parties to a case conducted prior to trial. and trial. The case management order also shall specify the following: (1)--(2) [ADOPTED AS PROPOSED BY TASK FORCE WITHOUT SUBSTANTIVE CHANGE] (3) Dates by which all parties are to complete all other discovery. (4) The court shall schedule periodic case management conferences and hearings on lengthy motions at reasonable intervals based on the particular needs of the action. The attorneys for the parties as well as any parties appearing pro se shall confer no later than 15 days prior to each case management conference or hearing. They shall notify the court at least 10 days prior to any case management conference or hearing if the parties stipulate stip·u·late 1 v. stip·u·lat·ed, stip·u·lat·ing, stip·u·lates v.tr. 1. a. To lay down as a condition of an agreement; require by contract. b. that a case management conference or hearing time is unnecessary. Failure to timely notify the court that a case management conference or hearing time is unnecessary may result in sanctions Sanctions is the plural of sanction. Depending on context, a sanction can be either a punishment or a permission. The word is a contronym. Sanctions involving countries: (5)--(6) [ADOPTED AS PROPOSED BY TASK FORCE WITHOUT SUBSTANTIVE CHANGE] (d) Final Case Management Conference. The court shall schedule a final case management conference not less than 90 days prior to the date the case is set for trial. At least 10 days prior to the final case management conference the parties shall confer to prepare a case status report, which shall be filed with the clerk of the court either prior to or at the time of the final case management conference. The status report shall contain in separately numbered paragraphs: (1)--(3) [ADOPTED AS PROPOSED BY TASK FORCE WITHOUT SUBSTANTIVE CHANGE] (4) A list of the names and addresses of all non-expert witnesses (including impeachment impeachment, formal accusation issued by a legislature against a public official charged with crime or other serious misconduct. In a looser sense the term is sometimes applied also to the trial by the legislature that may follow. and rebuttal rebuttal n. evidence introduced to counter, disprove or contradict the opposition's evidence or a presumption, or responsive legal argument. witnesses) intended to be called at trial. However, impeachment or rebuttal witnesses not identified in the case status report may be allowed to testify To provide evidence as a witness, subject to an oath or affirmation, in order to establish a particular fact or set of facts. Court rules require witnesses to testify about the facts they know that are relevant to the determination of the outcome of the case. if the need for their testimony could not have been reasonably foreseen fore·see tr.v. fore·saw , fore·seen , fore·see·ing, fore·sees To see or know beforehand: foresaw the rapid increase in unemployment. at the time the case status report was prepared. (5)--(8) [ADOPTED AS PROPOSED BY TASK FORCE WITHOUT SUBSTANTIVE CHANGE] RULE 1.440. Setting Action for Trial (a)--(c) [No Change] (d) Applicability. This rule does not apply to actions to which chapter 51, Florida Statutes The Florida Statutes are the codified, statutory laws of the state of Florida. The laws are approved by the Florida Legislature, and signed into law by the Governor of Florida. (1967), applies or to cases designated as complex pursuant to rule 1.201. Committee Notes [No Change] Court Commentary [No Change Form 1.997 Civil Cover Sheet The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form is required shall be filed by the plaintiff or petitioner for the use of the Clerk of Court Clerk of Court clerk n → Protokollführer(in) m(f) for the purpose of reporting judicial workload data pursuant to Florida Statutes section 25.075. (See instructions on the reverse of the form for completion).
I. CASE STYLE
(Name of Court)--
Plaintiff-- Case #:--
Judge:--
vs.
Defendant--
--
II. TYPE OF CASE (Place an x in one box only. If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory sub·cat·e·go·ry n. pl. sub·cat·e·go·ries A subdivision that has common differentiating characteristics within a larger category. (is indented in·dent 1 v. in·dent·ed, in·dent·ing, in·dents v.tr. 1. To set (the first line of a paragraph, for example) in from the margin. 2. a. under a broader category), place an x in both the main category and subcategory boxes.
Domestic Relations Torts Other Civil
* Simplified dissolution * Professional * Contracts
* Dissolution malpractice * Condominium
* Support-IV-D * Products liability * Real property/
* Support-Non IV-D * Auto negligence Mortgage
foreclosure
* UIFSA-IV-D * Other negligence * Eminent domain
* UIFSA-Non IV-D * Challenge to
proposed
* Domestic violence constitutional
amendment
* Other domestic * Other
relations
[ ] Condominium condominium In modern property law, individual ownership of one dwelling unit within a multidwelling building. Unit owners have undivided ownership interest in the land and those portions of the building shared in common. [ ] Contracts and indebtedness [ ] Eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in [ ] Auto negligence [ ] Negligence--other [ ] Business governance [ ] Business torts torts in law a wrong other than a criminal wrong, e.g. defamation, negligence. [ ] Environmental/Toxic tort tort, in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages. [ ] Third party indemnification Indemnification Used in insurance policy agreements as to compensation for damage or loss. In the context of corporate governance, Director Indemnification uses the bylaws and/or charter to indemnify officers and directors from certain legal expenses and judgements resulting from [ ] Construction defect [ ] Mass tort A mass tort is a civil action involving numerous plaintiffs against one or a few corporate defendants in state or federal court. As the name implies a mass tort includes many plaintiffs and law firms have used the mass media to reach possible plaintiffs. [ ] Negligent negligent adj., adv. careless in not fulfilling responsibility. (See: negligence) security [ ] Nursing home negligence [ ] Premises liability--commercial [ ] Premises liability--residential [ ] Products liability [ ] Real property/Mortgage foreclosure foreclosure Legal proceeding by which a borrower's rights to a mortgaged property may be extinguished if the borrower fails to live up to the obligations agreed to in the loan contract. [ ] Commercial foreclosure [ ] Residential foreclosure [ ] Other real property actions [ ] Professional malpractice malpractice, failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services. [ ] Malpractice--business [ ] Malpractice--medical [ ] Malpractice--other professional [ ] Other [ ] Antitrust/Trade regulation [ ] Business transactions [ ] Constitutional challenge--statute or ordinance A law, statute, or regulation enacted by a Municipal Corporation. An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is a political subdivision of a state within which a municipal corporation has been [ ] Constitutional challenge--proposed amendment [ ] Corporate trusts [ ] Discrimination--employment or other [ ] Insurance claims [ ] Intellectual property [ ] Libel/Slander [ ] Shareholder derivative action A lawsuit brought by a shareholder of a corporation on its behalf to enforce or defend a legal right or claim, which the corporation has failed to do. A derivative action, more popularly known as a Stockholder's Derivative Suit, is derived from the primary right of the [ ] Securities litigation [ ] Trade secrets III. REMEDIES SOUGHT (check all that apply): [ ] monetary; [ ] non-monetary declaratory DECLARATORY. Something which explains, or ascertains what before was uncertain or doubtful; as a declaratory statute, which is one passed to put an end to a doubt as to what the law is, and which declares what it is, and what it has been. 1 Bl. Com. 86. or injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. ; [ ] punitive pu·ni·tive adj. Inflicting or aiming to inflict punishment; punishing. [Medieval Latin p  n
IV. NUMBER OF CAUSES OF ACTION: [ ] (specify)-- V. IS THIS CASE A CLASS ACTION LAWSUIT class action lawsuit A lawsuit in which one party or a limited number of parties sue on behalf of a larger group to which the parties belong. For example, investors may bring a class action lawsuit against a brokerage firm that has actively promoted a tax ? [ ] yes [ ] no VI. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? [ ] no [ ] yes If "yes," list all related cases by name, case number, and court. VII. IS JURY TRIAL DEMANDED IN COMPLAINT? [ ] yes [ ] no -- Date:-- SIGNATURE OF ATTORNEY FOR PARTY INITIATING ACTION-- I CERTIFY cer·ti·fy v. cer·ti·fied, cer·ti·fy·ing, cer·ti·fies v.tr. 1. a. To confirm formally as true, accurate, or genuine. b. that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief. 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 first paperwork filed in the action or proceeding (except small claims cases or other county court cases, probate probate (prō`bāt), in law, the certification by a court that a will is valid. Probate, which is governed by various statutes in the several states of the United States, is required before the will can take effect. , or family cases). Domestic and juvenile cases should be accompanied by a completed Family Court Cover Sheet, Florida Supreme Court Approved Family Law Form 12.928. 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. Type of Case. Place an "X" in the appropriate box. 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" in the category and subcategory boxes. Definitions of the cases are provided below in the order they appear on the form. (A) Simplified Dissolution of Marriage-petitions for the termination of marriage pursuant to Fla.Fam. L.R.P.12.105. (B) Dissolution of Marriage-petitions for the termination of marriage other than simplified dissolution. (C) Support-IV-D-all matters relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc child or spousal support spousal support n. payment for support of an ex-spouse (or a spouse while a divorce is pending) ordered by the court. More commonly called alimony, spousal support is the term used in California and a few other states as part of new non-confrontational language (such in which an application for assistance has been filed under Title IV-D IV-D Title IV-D of the Social Security Act (Federal-State Child Support Enforcement Program) , Social Security Act, except for such matters relating to dissolution of marriage dissolution of marriage n. modern, gentler sounding, term for divorce, officially used in California since 1970 and symbolic of the no-fault, non-confrontational approach to dissolving a marriage. (See: divorce). petitions (sections 409.2564, 409.2571, and 409.2597, Florida Statutes), paternity The state or condition of a father; the relationship of a father. English and U.S. Common Law have recognized the importance of establishing the paternity of children. , or UIFSA UIFSA Uniform Interstate Family Support Act . (D) Support--Non IV-D--all matters relating to child or spousal support in which an application for assistance has not been filed under Title IV-D, Social Security Act. (E) UIFSA- IV-D--all matters relating to Chapter 88, Florida Statutes in which an application for assistance has been filed under Title IV-D, Social Security Act. (F) UIFSA--Non IV-D--all matters relating to Chapter 88, Florida Statutes, in which an application for assistance has not been filed under Title IV-D, Social Security Act. (G) Domestic Violence--all matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes. (H) Domestic Relations--all matters involving adoption, paternity, change of name, child custody The care, control, and maintenance of a child, which a court may award to one of the parents following a Divorce or separation proceeding. Under most circumstances, state laws provide that biological parents make all decisions that are involved in rearing their , separate maintenance, annulment annulment Legal invalidation of a marriage. It announces the invalidity of a marriage that was void from its inception. It is to be distinguished from dissolution or divorce. To justify annulment, the marriage contract must have a defect (e.g. , or other matters not included in categories (A) through (G). (I) Auto Negligence--all matters arising out of a party's allegedly negligent operation of a motor vehicle. (J) Professional Malpractice--all professional malpractice lawsuits. (K) Products Liability--all matters involving injury to person or property allegedly resulting from the manufacture or sale of a defective product or from a failure to warn. (L) Other Negligence--all actions sounding in negligence, including statutory claims for relief on account of death or injury, not included in categories (I), (J), and (K). (M) Condominium--all civil lawsuits pursuant to Chapter 718, Florida Statutes, where a condominium association is a party in the lawsuit. (N) Eminent Domain--all matters relating to the taking of private property for public use, including inverse condemnation inverse condemnation n. the taking of property by a government agency which so greatly damages the use of a parcel of real property that it is the equivalent of condemnation of the entire property. by state agencies, political subdivisions, and public service corporations. (O) Real Property/Mortgage Foreclosure--all matters relating to the possession, title, and boundaries of real property. All matters involving foreclosures and sales, including foreclosures associated with condominium associations and condominium units. (P) Contract and indebtedness--all contract actions relating to promissory notes promissory note, unconditional written promise to pay a certain sum of money at a definite time to bearer or to a specified person on his order. Promissory notes are generally used as evidence of debt. and other debts, including those arising from the sale of goods. Excludes contract disputes involving condominium associations. (Q) Challenge to proposed constitutional amendment--a challenge to a legislatively initiated proposed constitutional amendment. Excludes challenges to citizen-initiated proposed constitutional amendments, because the Florida Supreme Court has direct jurisdiction of such challenges. (R) Other Civil--all civil matters not included in categories (A) through (Q). III. Is Jury Trial Demanded In Complaint? Check the appropriate box to indicate whether a jury is being demanded in the complaint. DATE AND ATTORNEY SIGNATURE. Date and sign the civil cover sheet. Condominium--all civil lawsuits pursuant to Chapter 718, Florida Statutes, in which a condominium association is a party. 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. 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. Auto negligence--all matters arising out of a party's allegedly negligent operation of a motor vehicle. 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. Business governance--all matters relating to the management, administration, or control of a company. Business torts--all matters relating to liability for economic loss allegedly caused by interference with economic or business relationships. Environmental/Toxic tort--all matters relating to claims that violations of environmental regulatory provisions or exposure to a chemical caused injury or disease. Third party indemnification--all matters relating to liability transferred to a third party in a financial relationship. Construction defect--all civil lawsuits pursuant to Chapter 558, Florida Statutes, in which damage or injury was allegedly caused by a failure to follow acceptable construction trade standards. Mass tort--all matters relating to a civil action involving numerous plaintiffs against one or more defendants. Negligent security--all matters involving injury to a person or property allegedly resulting from insufficient security. Nursing home negligence--all matters involving injury to a nursing home resident resulting from negligence of nursing home staff or facilities. Premises liability--commercial--all matters involving injury to a person or property allegedly resulting from a defect on the premises of a commercial property. Premises liability--residential--all matters involving injury to a person or property allegedly resulting from a defect on the premises of a residential property. 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. 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. 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. 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. Other real property actions--all matters relating to land, land improvements, or property rights. Professional malpractice--all professional malpractice lawsuits. 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. 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 medical specialty Any specialty that provides non-interventional Pt management, ie with drugs, or with minimum intervention–eg, balloon catheterization Examples Internal medicine–allergy and immunology, cardiology, gastroenterology, hematology/oncology, would use under similar circumstances. Malpractice--other professional--all matters relating to negligence of those other than medical or business professionals. Other--all civil matters not included in other categories. Antitrust/Trade regulation--all matters relating to unfair methods of competition or unfair or deceptive de·cep·tive adj. Deceptive or tending to deceive. de·cep  tive·ness n. business acts or practices.
Business transactions--all matters relating to actions that affect financial or economic interests. Constitutional challenge--statute or ordinance--a challenge to a statute or ordinance, citing a violation of the Florida Constitution The Florida Constitution is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state. . 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. Corporate trusts--all matters relating to the business activities of financial services The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. companies or banks acting in a fiduciary fiduciary (fĭd  `shēĕ'rē), in law, a person who is obliged to discharge faithfully a responsibility of trust toward another. capacity
for investors.
Discrimination--employment or other--all matters relating to discrimination, including employment, sex, race, age, handicap, harassment Ask a Lawyer Question Country: United States of America State: Nevada I recently moved to nev.from abut have been going back to ca. every 2 to 3 weeks for med. , retaliation RETALIATION. The act by which a nation or individual treats another in the same manner that the latter has treated them. For example, if a nation should lay a very heavy tariff on American goods, the United States would be justified in return in laying heavy duties on the manufactures and , or wages Insurance claims--all matters relating to claims filed with an insurance company. Intellectual property--all matters relating to intangible rights protecting commercially valuable products of the human intellect A natural language query program for IBM mainframes developed by Artificial Intelligence Corporation. The company was later acquired by Trinzic Corporation, which was acquired by Platinum, which was acquired by Computer Associates. . Libel/Slander--all matters relating to written, visual, oral, or aural aural /au·ral/ (aw´r'l) 1. auditory (1). 2. pertaining to an aura. au·ral 1 adj. Relating to or perceived by the ear. defamation defamation In law, issuance of false statements about a person that injure his reputation or that deter others from associating with him. Libel and slander are the legal subcategories of defamation. Libel is defamation in print, pictures, or any other visual symbols. of character. 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. Securities litigation--all matters relating to the financial interest or instruments of a company or corporation. Trade secrets--all matters relating to a formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors. III. Remedies Sought. Place an "X" in the appropriate box. If more than one remedy is sought in the complaint or petition, check all that apply. IV. 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. V. Class Action. Place an "X" in the appropriate box. VI. Related Cases. Place an "X" in the appropriate box. VII. Is Jury Trial Demanded In Complaint? Check the appropriate box to indicate whether a jury trial is being demanded in the complaint ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly leg·i·ble adj. 1. Possible to read or decipher: legible handwriting. 2. Plainly discernible; apparent: legible weaknesses in character and disposition. the name of the person signing the civil cover sheet. Attorneys must include a Florida Bar The Florida Bar is the mandatory state bar association for the state of Florida. It is the third largest such bar association in the United States. Its duties include the regulation and discipline of attorneys. 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. FORM 1.998. FINAL DISPOSITION FORM This form is requiredshall be filed by the prevailing party The litigant who successfully brings or defends an action and, as a result, receives a favorable judgment or verdict. prevailing party n. the winner in a lawsuit. for the use of the Clerk of Court for the purpose of reporting judicial workload 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. MEANS OF FINAL DISPOSITION (Place an "x" in one box only) [ ] Dismissed Before Hearing [ ] Dismissed After Hearing [ ] Disposed by Default [ ] Disposed by Judge [ ] Disposed by Non-jury Trial In a non-jury trial the verdict is given by one or more professional judges rather than a jury of the defendant's 'peers'. In the English common law, a jury is only used in criminal law, while civil law is subject to the bench. [ ] Disposed by Jury Trial [ ] Dismissed Pursuant to Settlement [ ] Dismissed Pursuant to Mediated me·di·ate v. me·di·at·ed, me·di·at·ing, me·di·ates v.tr. 1. To resolve or settle (differences) by working with all the conflicting parties: Settlement [ ] 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. Means of Final Disposition. Place an "x" in the appropriate box. The following are the definitions of the disposition categories. (A) Dismissed Before Hearing--the case is settled or voluntarily dismissed before a hearing is held; (B) Dismissed After Hearing--the case is dismissed by a judge, voluntarily dismissed, or settled after a hearing is held; (C) 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; (D) Disposed by Judge--a judgment or disposition is reached by the judge in a case which 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 (c) above; (E) 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; (F) 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); (G) Dismissal Pursuant to Settlement--the case is voluntarily dismissed by the plaintiff after a settlement is reached without mediation mediation, in law, type of intervention in which the disputing parties accept the offer of a third party to recommend a solution for their controversy. Mediation has long been a part of international law, frequently involving the use of an international commission, ; (H) Dismissal Pursuant to Mediated Settlement--the case is voluntarily dismissed by the plaintiff after a settlement is reached with mediation; (GI) Other--the case is consolidated, submitted to arbitration or mediation, transferred, or otherwise disposed by other means not listed in categories (A) through (F)(H). DATE AND ATTORNEY SIGNATURE. Date and sign the final disposition form. RULE 12.100 PLEADINGS AND MOTIONS Pleadings and motions shall be governed by Florida Rule of Civil Procedure 1.100, except that the requirement in rule 1.100(c)(3) that parties file a final disposition form with the clerk if the action is settled without a court order or judgment being entered or if the action is dismissed by the parties, shall not apply to proceedings governed by these rules. Commentary [No change] RULE 12.201. COMPLEX LITIGATION Florida Rule of Civil Procedure 1.201 shall not apply in proceedings governed by these rules. Florida Supreme Court Approved Family Law Form 12.928 Family Court Cover Sheet (01/10) The Family Court Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form shall be filed by the petitioner for the use of the clerk of court for the purpose of reporting judicial workload data pursuant to Florida Statutes section 25.075. The petitioner must file this cover sheet with first paperwork filed in the action or proceeding for all domestic and juvenile cases. I. Case Style. Enter the name of the court, the appropriate case number assigned at the time of filing of the original petition, the name of the judge assigned (if applicable), and the name (last, first, middle initial) of petitioner(s) and respondent In Equity practice, the party who answers a bill or other proceeding in equity. The party against whom an appeal or motion, an application for a court order, is instituted and who is required to answer in order to protect his or her interests. (s). II. Type of Action /Proceeding. Place a check in the appropriate box beside the proceeding you are initiating. If you are simultaneously filing more than one type of proceeding against the same opposing party, such as a modification and an enforcement proceeding, complete a separate coversheet for each action being filed. (A) Initial Action/Petition (B) Reopening Reopening Treasury offerings of additional amounts of outstanding issues, rather than an entirely new issue. A reopened issue will always have the same maturity date, CUSIP number, and interest rate as the original issue. Case. If you check "Reopening Case," indicate whether you are filing a modification or supplemental petition or an action for enforcement by checking the appropriate box. (C) Modification/Supplemental Petition (D) Petition Enforcement III. Type of Case. Place a check in the appropriate box. 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 a check in the category and subcategory boxes. Definitions of the categories and subcategories are provided below. (A) Simplified Dissolution of Marriage--petitions for the termination of marriage pursuant to Florida Family Law Rule of Procedure 12.105. (B) Dissolution of Marriage--petitions for the termination of marriage pursuant to Chapter 61, Florida Statutes, other than simplified dissolution. (C) Domestic Violence--all matters relating to injunctions for protection against domestic violence pursuant to section 741.30, Florida Statutes. (D) Dating Violence--all matters relating to injunctions for protection against dating violence Dating Violence is defined as the perpetration or threat of an act of violence by at least one member of an unmarried couple on the other member within the context of dating or courtship. pursuant to section 784.046, Florida Statutes. If you check this subcategory, you should also check "Domestic violence." (E) Repeat Violence--all matters relating to injunctions for protection against repeat violence pursuant to section 784.046, Florida Statutes. If you check this subcategory, you should also check "Domestic violence." (F) Sexual Violence--all matters relating to injunctions for protection against sexual violence pursuant to section 784.046, Florida Statutes. If you check this subcategory, you should also check "Domestic violence." (G) Support--IV-D--all matters relating to child or spousal support in which an application for assistance has been filed under Title IV-D, Social Security Act, except for such matters relating to dissolution of marriage petitions (sections 409.2564, 409.2571, and 409.2597, Florida Statutes), paternity, or UIFSA. (H) Support-Non IV-D--all matters relating to child or spousal support in which an application for assistance has not been filed under Title IV-D, Social Security Act. (I) UIFSA- IV-D--all matters relating to Chapter 88, Florida Statutes, in which an application for assistance has been filed under Title IV-D, Social Security Act. (J) UIFSA--Non IV-D--all matters relating to Chapter 88, Florida Statutes, in which an application for assistance has not been filed under Title IV-D, Social Security Act. (K) Other--all matters involving time-sharing and/or parenting plans The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. relating to minor child(ren), adoption, juvenile dependency, juvenile delinquency juvenile delinquency, legal term for behavior of children and adolescents that in adults would be judged criminal under law. In the United States, definitions and age limits of juveniles vary, the maximum age being set at 14 years in some states and as high as 21 , name change, paternity, separate maintenance, annulment, truancy, CINS/FINS, emancipation Ask a Lawyer Question Country: United States of America State: Maryland I am 17 years old and would like to know if I would be able to file for minor emancipation. , declaratory judgment declaratory judgment In law, a judgment merely declaring a right or establishing the legal status or interpretation of a law or instrument. It is binding but is distinguished from other judgments or court opinions in that it includes no executive element (an order that actions related to premarital, marital, or post-marital agreements, or other matters not included in the categories above. (L) Adoption--all matters relating to adoption pursuant to Chapter 63, Florida Statutes. If you check this subcategory, you should also check "Other." (M) Juvenile Delinquency--all matters relating to juvenile delinquency pursuant to Chapter 985, Florida Statutes. If you check this subcategory, you should also check "Other." (N) Juvenile Dependency--all matters relating to juvenile dependency and termination of parental rights pursuant to Chapter 39, Florida Statutes. If you check this subcategory, you should also check "Other." (O) Name Change--all matters relating to name change, pursuant to section 68.07, Florida Statutes. If you check this subcategory, you should also check "Other." (P) Paternity--all matters relating to paternity pursuant to Chapter 742, Florida Statutes. If you check this subcategory, you should also check "Other." ATTORNEY OR PARTY SIGNATURE. Sign the family court cover sheet. Print legibly the name of the person signing the family court cover sheet. Attorneys must include a Florida Bar number. Insert the date the family court cover sheet is signed. Signature is a certification that filer has provided accurate information on the family court cover sheet.
Family Court Cover Sheet
I. Case Style
IN THE CIRCUIT COURT OF THE--JUDICIAL CIRCUIT,
IN AND FOR--COUNTY, FLORIDA
--
Petitioner Case No.:--
Judge:--
and
--
Respondent
II. Type of Action/Proceeding. Place a check in the appropriate box beside the proceeding you are initiating. If you are simultaneously filing more than one type of proceeding against the same opposing party, such as a modification and an enforcement proceeding, complete a separate cover sheet for each action being filed. If you are reopening a case, check that box and one of the two boxes below it. [ ] Initial Action/Petition [ ] Reopening Case [ ] Modification/Supplemental Petition [ ] Petition Enforcement III. Type of Case. If the case 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 a check in the category and subcategory boxes. [ ] Simplified dissolution [ ] Dissolution [ ] Domestic violence [ ] Dating Violence [ ] Repeat Violence [ ] Sexual Violence [ ] Support IV-D [ ] Support Non-IV-D [ ] UIFSA IV-D [ ] UIFSA Non-IV-D [ ] Other [ ] Adoption under Chapter 63 [ ] Juvenile Delinquency [ ] Juvenile Dependency under Chapter 39 [ ] Name Change [ ] Paternity IV. Has notice of any known related case, Family Law Form 12.900(h), been filed? [ ] No. [ ] Yes. If "Yes," list all related cases by name, case number, and court. -- -- -- -- ATTORNEY OR PARTY SIGNATURE I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief. Signature-- FL Bar No.:-- Attorney or party (Bar number, if attorney) -- -- (Type or print name) Date |
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