Florida General Motion To Dismiss Form

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

Dear Kimberly,

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);

  • after "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

Family Division
Case No.:____________________

Petitioner

VS.

Respondent
_____________________________/

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: _______________________________
Name: ____________________________________
Address: __________________________________
City, State, Zip:_____________________________
Telephone: ________________________________
Email: ____________________________________


Dated: ________________________________

_______________________________________
Signature, pro se

Printed Name: _________________________
Address: ______________________________
City State Zip: __________________________
Telephone No.: _________________________


End Sample Motion Form

You can copy and paste the above into your favorite word processor or text editor.

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.

Alternatively, you 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)

Reader Comments

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 hearing date.

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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Answer provided by Kenneth Diaz, (800) 868-3010, Florida-Court-Forms.net © 2015

Kenneth has been a Florida Legal Document Preparer since 1998. Currently, he publishes and writes content for legal websites and does freelance paralegal work through referrals only.

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Page last updated 02/03/2015
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