by Kimberly from Tampa, Florida, Hillsborough County
Is there a general motion to dismiss form in Florida?
I am looking for a general motion to dismiss form that is not a PDF file.
Answer to Florida Court Forms Question
Here you go. This is the basic format for a motion.
You could also copy and paste from a pdf to another format like word or wordpad.
Be sure to fill in all the blanks correctly:
The header with the circuit number, and the county name;
the petitioner's and respondent's names;
the case number;
the name of the motion (such as... Motion to Dismiss for Lack of Standing);
"Comes Now the" designate whether you are the petitioner, the
respondent, plaintiff, or defendant (you remain one or the other
throughout your case);
it is important to state your reasons for asking the court to dismiss the case;
fill in the certification that shows that you have provided a copy of this to the other party and how you provided it;
address of the other party (or the address of the other party's attorney if they have one);
your signature and your address.
Sample General Motion Form
IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT,
IN AND FOR ______________ COUNTY, FLORIDA
PRO SE MOTION TO: ______________________
COMES NOW the ___________________ and moves this Honorable Court to:
The reason for this request is:
I HEREBY CERTIFY that a copy hereof has been furnished by ____ mailed; ____ faxed and mailed; ____ hand delivered; to the persons listed below on _________ day of __________ 20 ____.
Other Party: _______________________________
City, State, Zip:_____________________________
Signature, pro se
Printed Name: _________________________
City State Zip: __________________________
Telephone No.: _________________________
End Sample Motion Form
You can copy and paste the above into your favorite word processor or
Be sure it is properly formatted before you print it out.
Court rules require 1 inch margins at the top, bottom, and sides of all court papers to be accepted and filed.
can use our Petition Preparer service.
We can create a custom Motion to
Dismiss form or any other general motion to your specifications and have it completed for you ready to sign and file by mail, in person, or the new e-file system.
Just ask us for a free quote.
Or you can purchase our fillable PDF General Motion form for immediate download. ($2.95)
Motion For a Rehearing by: Tom from Spring Hill, Florida
I missed the final judgement hearing in my divorce case, because
I was not notified.
The Court admits the error occurred and said I need
to file a motion requesting a new final hearing. I didn't think to ask
which form to use. Hope you can help.
--You can use the
General Motion form above and state the reasons for the request for a
rehearing are that you were not properly notified of the original
Also include all of the details and facts about who you
spoke to that told you there was a mistake, and attach any documentation
that you may have supporting your request. --Staff
Response to a Motion to Dismiss by: Joshua from Citrus County, Florida
My case is in the Fifth Judicial Circuit in Florida. The other party has filed a motion to dismiss on the grounds that my petition for modification of parenting plan is "legally insufficient."
I would like to file an answer to this motion to dismiss, as I have researched the Florida Statutes that justify the reasoning for my original petition and believe they are completely valid according to the statutes, but I cannot find a form to allow me to do this.
I have found this form referenced online as "Respondent's Memorandum in Opposition to Petitioner's Motion to Dismiss."
I have also seen it called "Respondent's Response to Petitioner's Motion to Dismiss." I have even seen one titled "Good Cause as to Why Matter Should Not be Dismissed."
What is the proper title for my response? Thank you.
--Generally speaking, a proper title would convey what you are asking the court to do, and the body gives the reasons why. In your case, I don't see why the title you found above would not be sufficient. "Respondent's Memorandum in Opposition to Petitioner's Motion to Dismiss" seems like an appropriate title.
The real issue is listing your reasons why your parenting plan is legally sufficient in order to persuade the court. To be absolutely sure, why not ask a lawyer for her legal advice. Use the referral program we recommend below. Good Luck. --Staff
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