Fla. Fam. L. R. P. 12.100

RULE 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.

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(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.

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(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.

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(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).

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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.