(a) Scope. (1) These rules apply to all family lawsuits, including injunctions to protect against domestic relations, repetitive relationships, dating, sexual intercourse, and harassment, except as otherwise provided in the Florida Juvenile Procedure Rules or the Florida Probate Rules. (2) The form, content, procedure and time of plea in all proceedings shall be governed by the laws applicable to the proceedings, unless this Regulation or, if applicable, the Florida Rules of Court Administration expressly provide otherwise. All actions under these rules are also subject to the Florida Code of Evidence, which applies in cases where a conflict with these rules may arise. (b) Purpose. 1. These rules facilitate access to jurisdiction and ensure procedural fairness for all parties, save time and money through active case management, scheduling and the use of alternatives to disputes, and allow the court to coordinate related cases and proceedings in order to avoid multiple appearances by the same parties on the same or similar issues and to avoid conflicting court orders. 2. Nothing shall prevent family law reception staff from participating in the preparation of documents or forms to be filed in an action under this Rules of Procedure. (c) the title. These rules are called the Florida Family Law Rules of Procedure and abbreviated to Fla. Fam.
L. R. P. (a) issuance of subpoenas. (1) General. When the action is brought, including the procedure for amending a final judgment, the summons to appear or any other legally authorized procedure must be issued immediately by the registry or judge with the signature of the clerk or judge and the seal of the court and delivered for service. (2) Content of the Assignment. All family law subpoenas must be governed by Form 12.910(a) of the Florida Family Law Rules of Procedure and must in particular include the following wording: DISCLAIMER: Rule 12.285, Florida Family Law Rules of Procedure, requires some automatic disclosure of documents and information. Failure to comply may result in penalties, including rejection or cancellation of pleadings. (b) Service; made by whom.
Service of the action may be effected by an official legally empowered to serve the proceedings, but the court may instruct any competent person who is not interested in the action to serve the proceedings. If this is the case, the person serving the proceedings must immediately and in any event furnish proof of service by means of a declaration on oath within the time limit within which the person served must respond to the proceedings. Failure to provide proof of service will not affect the validity of the service. If a case is returned, is not enforced or is not properly executed for a defendant, the party inserting the delivery of the case must be entitled to additional proceedings against the unserved party necessary for service. (c) Service; Many respondents. If there is more than 1 defendant, the clerk or judge must issue as many notices of trial against the various defendants as the plaintiff or his lawyer can order. (d) Service by publication. Service by publication may be effected in accordance with the law. (e) Constructive service.
(1) For constructive service of the proceeding on the legal father in all cases, or for proceedings to establish paternity that would result in the termination of the legal father`s parental rights, the plaintiff must file an affidavit of thorough search and investigation in accordance with Form 12.913(c) of the Florida Family Law Rules of Procedure. If the legal father cannot be located, he must receive a case by publication in accordance with Chapter 49, Laws of Florida. The notice must be published in the district where the legal father last resided. The clerk of the district court must send a copy of the notice to the legal father at his last known address. (2) For constructive service of a proceeding in a case or proceeding involving parental responsibility, custody, or time-sharing with a minor child, the plaintiff must file an affidavit of thorough search and investigation in accordance with Form 12.913(c) of the Florida Family Law Rules of Procedure. If the defendant cannot be located, the party must be served by publication in the manner provided in Chapter 49, Florida Statutes. The clerk of the district court must send a copy of the notice to the last known address of the party. (3) For constructive service of proceeding in all other matters, an affidavit of thorough search and inquiry must be filed pursuant to Form 12.913(b) of the Florida Family Law Rules of Procedure.
(f) domestic violence, repetitive violence, dating and sexual violence and stalking. This rule does not regulate trials in proceedings to protect against domestic violence, repetition, dating and sexual violence, and criminal harassment. (g) copies of the original pleadings of the persons served. At the time of personal service of the claim, a copy of the original written statement must be delivered to the party to whom service is made. The date and time of delivery must be confirmed on the original process and all copies thereof by the person providing the service. The party who wishes to effect personal service must deliver the necessary copies to the addressee. If service is effected by publication, copies of the original documents must be delivered to the clerk and sent by the clerk with the notice of action to all parties whose addresses are indicated in the original document or affidavit. (h) Delivery of Orders. If a court order is to be served in person, the original order must be filed with the Registrar, who must certify or verify a copy free of charge. The person providing the service must use the certified copy instead of the original order in the same way as the original delivery procedure.
(i) costs; Service of pleadings. The statutory remuneration for the provision of services shall not be increased by the simultaneous service or sending of the copy of the original pleading in accordance with this rule. (j) Grounds for invocation. If service of the claim is to be effected under laws that permit service on non-residents of Florida, it is sufficient to assert the basis for service in the language of the law without asserting the facts in support of service. (k) Delivery by Post. A defendant may accept service by mail. (1) The acceptance of service of an application by mail shall not raise any objection to the place of jurisdiction or jurisdiction of the court over the person of the defendant. 2.
The plaintiff may notify any defendant of the institution of the action and request the defendant to waive service of a summons.