FL · rules
Fla. Fam. L. R. P. 12.100
Pleadings and Motions
(a) Pleadings. There must be a petition or, when so
designated by a statute or rule, a complaint, and a response or
answer to it; a response or answer to a counterclaim denominated
as such; an answer to a crossclaim if the answer contains a
crossclaim; a third-party petition if a person who was not an
original party is summoned as a third-party respondent or
defendant; and a third-party response or answer if a third-party
complaint is served. If a response or answer contains an affirmative
defense and the opposing party seeks to avoid it, the opposing party
shall file a reply containing the avoidance. In a post-judgment case,
there are a supplemental petition and a response or an answer and
a counter-supplemental petition and a response or an answer to it,
if applicable. In those cases in which there is a related civil action
that is not otherwise specifically addressed in the Family Law Rules
of Procedure, then the Rules of Civil Procedure governs those
pleadings. No other pleadings are allowed unless otherwise provided
by law.
(b) Motions. An application to the court for an order must
be by motion which must be made in writing unless made during a
hearing or trial, must state with particularity the grounds therefor,
and must set forth the relief or order sought. The requirement of
writing is fulfilled if the motion is stated in a written notice of the
hearing of the motion. All notices of hearings must specify each
motion or other matter to be heard.
(c) Caption.
(1) Trial level nomenclature used in the caption should
be simple, clear and constant, regardless of who files a petition,
counter-petition, motion, or a supplemental action. Even upon filing
a supplemental petition or counter-petition, the trial level
nomenclature must remain unchanged. Information as to who files
a pleading or motion should be part of the document rather than in
the caption of the case. Notwithstanding the foregoing, a court, for
good cause shown, may change a caption.
(2) Every pleading, motion, order, judgment, or other
document must have a caption containing the name of the court,
the file number, and except for in rem proceedings, the name of the
first party on each side with an appropriate indication of other
parties, and a designation identifying the party filing it and its
nature or the nature of the order, as the case may be. In any in rem
proceeding, every pleading, motion, order, judgment, or other
document must have a caption containing the name of the court,
the file number, the style “In re” (followed by the name or general
description of the property), and a designation of the person or
entity filing it and its nature or the nature of the order. All
documents filed in the action must be styled in such a manner as
to indicate clearly the subject matter of the document and the party
requesting or obtaining relief. Specific captions for family law cases
are as follows:
(A) Matters Arising From Dissolution of Marriage.
(i) Original Dissolution of Marriage: In re the
Marriage of.........., Petitioner and.........., Respondent, regardless of
who files first and whether there is a counter-petition.
(ii) Modification of Final Judgment of
Dissolution of Marriage: In the Former Marriage of..........,
Petitioner, and.........., Respondent, regardless of who files the
supplemental petition and whether there is a supplemental
counter-petition.
(B) Annulment.
(i) Original Annulment: In re the Marriage of
.........., Petitioner and.........., Respondent, regardless of who files
first and whether a counter-petition for annulment or any other
pleading in the alternative for dissolution of marriage is filed.
(ii) Supplemental or Enforcement
Proceedings. The caption must remain the same, regardless of
whether an annulment or a dissolution of marriage was ultimately
granted in the original proceeding.
(C) Support Unconnected With Dissolution of
Marriage: In re the Marriage of.........., Petitioner and..........,
Respondent, regardless of whether there is a counter-petition.
(D) Paternity.
(i) Original Paternity Proceeding when
Paternity is not Admitted Before Filing: .........., Petitioner, and
.........., Respondent, regardless of whether there is a counter-petition.
(ii) Original Paternity Proceedings when
Paternity has been Admitted Before Filing: .........., Petitioner, and
.........., Respondent, regardless of whether there is a counter-petition.
(iii) Paternity Modification: .........., Petitioner,
and.........., Respondent, regardless of who files the supplemental
petition and whether there is a supplemental counter-petition.
(iv) Disestablishment of Paternity Proceeding:
.........., Petitioner, and.........., Respondent.
(E) Proceedings for Temporary or Concurrent
Custody of Minor Children by Extended Family: In the interest of
.........., Child(ren).
(F) Adoption.
(i) In re: Termination of Parental Rights for
Proposed Adoption of.....(name on child’s birth certificate).....,
Minor Child(ren).
(ii) In re: Adoption of.....(name to be given
child(ren))....., Adoptee(s).
(iii) Stepparent Adoption Proceedings: In re:
the Adoption of.....(name to be given child(ren))....., Adoptee(s).
(G) Proceedings for Emancipation of a Minor: In re:
Emancipation of.........., Minor.
(H) Title IV-D Cases: State, Dept. of Revenue,
Child Support Program ex rel. .........., Petitioner, and..........,
Respondent.
(3) A cover sheet for family court cases (form 12.928)
must be completed and filed with the clerk at the time a complaint
or petition is filed by the party initiating the action. If the cover
sheet is not filed, the clerk must accept the complaint or petition for
filing; but all proceedings in the action must be abated until a
properly executed cover sheet is completed and filed. The clerk
must complete the cover sheet for a party appearing pro se.
(4) A final disposition form (form 12.999) must be filed
with the clerk at the time of the filing of the order or judgment
which disposes of the action. If the action is settled without a court
order or judgment being entered, or dismissed by the parties, the
plaintiff or petitioner must immediately file a final disposition form
with the clerk. The clerk must complete the final disposition form
for a party appearing pro se, or when the action is dismissed by
court order for lack of prosecution under rule 12.420(d).
(d) Notice of Related Cases. A notice of related cases, form
12.900(h), must be filed in conformity with Florida Rule of General
Practice and Judicial Administration 2.545(d).
History
Commentary 1995 Adoption. This rule provides that pleadings and motions are to be governed by Florida Rule of Civil Procedure 1.100. The cover sheets and disposition forms described in that rule shall be the same cover sheets and disposition forms used in family law proceedings. Court Commentary 2022 Amendments. This rule is amended to clarify that trial level nomenclature should be simple, clear, and constant even upon the filing of a post-judgment motion or supplemental action, unless there has been a judicial determination of good cause shown.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
cc9c24e2e1b305c30b7abdbd551ac5db3ccae94b5965f37544b384a34813eb11
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