Rule 1.900. FORMS
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Florida Rules of Civil Procedure › Rule 1.900
Text
ourthouse in………., Florida, on
.....(date)....., at ......(a.m./p.m.), to testify in this action. If you fail to appear,
you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
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223
DATED on ................
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone number] at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to comply with amendments to Fla. R. Jud. Admin. 2.540.
FORM 1.911.
SUBPOENA DUCES TECUM FOR TRIAL
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to comply with amendments to Fla. R. Jud. Admin. 2.540.
FORM 1.911.
SUBPOENA DUCES TECUM FOR TRIAL
(a)
For Issuance by Clerk.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before the Honorable ………. Judge
of the Court, at the ………. County Courthouse in ………., Florida, on
.....(date)....., at ......(a.m./p.m.), to testify in this action and to have with you at
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that time and place the following: ………. If you fail to appear, you may be in
contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ................
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance
kely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone number] at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
(b)
For Issuance by Attorney of Record.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before the Honorable ………., Judge
of the Court, at the ………. County Courthouse in ………., Florida, on
.....(date)....., at ………. (a.m./p.m.), to testify in this action and to have with
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you at that time and place the following: ........... If you fail to appear, you may
be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ………
ntempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone number] at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to comply with amendments to Fla. R. Jud. Admin. 2.540.
FORM 1.912.
SUBPOENA FOR DEPOSITION
ly upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to comply with amendments to Fla. R. Jud. Admin. 2.540.
FORM 1.912.
SUBPOENA FOR DEPOSITION
(a)
For Issuance by Clerk.
SUBPOENA FOR DEPOSITION
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THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to
take depositions at ………. in ………., Florida, on .....(date)....., at ……….
(a.m./p.m.), for the taking of your deposition in this action. If you fail to
appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance
kely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
attorney or party taking the deposition by name, address and telephone
number] at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call
711.
(b)
For Issuance by Attorney of Record.
SUBPOENA FOR DEPOSITION
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THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to
take depositions at ………. in ………., Florida, on .....(date)....., at ……….
(a.m./p.m.), for the taking of your deposition in this action. If you fail to
appear, you may be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor
he taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this deposition, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
attorney or party taking the deposition by name, address and telephone
number] at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call
711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
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228
2013 Amendment. The notice to persons with disabilities was amended
to make the procedure for obtaining accommodation consistent with the
procedure required in court proceedings.
FORM 1.913.
SUBPOENA DUCES TECUM FOR DEPOSITION
(a)
For Issuance by Clerk.
SUBPOENA DUCES TECUM FOR DEPOSITION
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to
take depositions at ………. in ………., Florida, on .....(date)....., at ……….
(a.m./p.m.), for the taking of your deposition in this action and to have with
you at that time and place the following: ……….. If you fail to appear, you may
be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number)....
to appear, you may
be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this deposition, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
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229
attorney or party taking the deposition by name, address and telephone
number] at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call
711.
e provision of certain assistance. Please contact [identify
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229
attorney or party taking the deposition by name, address and telephone
number] at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call
711.
(b)
For Issuance by Attorney of Record.
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear before a person authorized by law to
take depositions at ………. in ………., Florida, on .....(date)....., at ……….
(a.m./p.m.), for the taking of your deposition in this action and to have with
you at that time and place the following: ……….. If you fail to appear, you may
be in contempt of court.
You are subpoenaed to appear by the following attorney, and unless
excused from this subpoena by this attorney or the court, you must respond to
this subpoena as directed.
DATED on ……….
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Any minor subpoenaed for testimony has the right to be accompanied by
a parent or guardian at all times during the taking of testimony
notwithstanding the invocation of the rule of sequestration of section 90.616,
Florida Statutes, except on a showing that the presence of a parent or guardian
is likely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this deposition, you are entitled, at no cost to
you, to the provision of certain assistance
kely to have a material, negative impact on the credibility or accuracy of the
minor’s testimony, or that the interests of the parent or guardian are in actual
or potential conflict with the interests of the minor.
If you are a person with a disability who needs any accommodation
in order to participate in this deposition, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
attorney or party taking the deposition by name, address and telephone
number] at least 7 days before your scheduled deposition, or immediately
upon receiving this notification if the time before the scheduled
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appearance is less than 7 days; if you are hearing or voice impaired, call
711.
Committee Notes
1996 Amendment. Form (b) was added to comply with amendments to
rule 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to make the procedure for obtaining accommodation consistent with the
procedure required in court proceedings.
FORM 1.914(a). EXECUTION
EXECUTION
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to levy on the property subject to execution of
………. in the sum of $.......... with interest at ……….% a year from .....(date).....,
until paid and to have this writ before the court when satisfied.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1980 Amendment. The description of the property to be levied on has to
be made general so it encompasses all property subject to execution under
section 56.061, Florida Statutes (1979).
FORM 1.914(b). NOTICE TO APPEAR
NOTICE TO APPEAR
TO …..(name of third party).....
YOU ARE NOTIFIED that, pursuant to section 56.29, Florida Statutes,
proceedings supplementary to satisfy a judgment by application of the
following:.....(identify the property, debt, or other obligation due to the
judgment debtor)....
es all property subject to execution under
section 56.061, Florida Statutes (1979).
FORM 1.914(b). NOTICE TO APPEAR
NOTICE TO APPEAR
TO …..(name of third party).....
YOU ARE NOTIFIED that, pursuant to section 56.29, Florida Statutes,
proceedings supplementary to satisfy a judgment by application of the
following:.....(identify the property, debt, or other obligation due to the
judgment debtor)..... in ……….County, Florida have been initiated against you
by .....(name of judgment creditor)…… You are required to serve an affidavit
.....date..... stating that the [property] [debt] [other obligation] belongs to you.
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The affidavit must include any fact or legal defense opposing the application of
the [property] [debt] [other obligation] toward the satisfaction of the judgment
on …..(name of the judgment creditor, or its attorney, and his/her/its
address)……You must file the original affidavit with the clerk of this court
either before service on the judgment creditor or immediately thereafter. Legal
defenses need not be filed under oath but must be served contemporaneously
with the affidavit.
If any of your property has been levied on and you choose to oppose the
application of the property to be applied toward the satisfaction of the
judgment, then you must furnish a bond with surety to be approved by the
officer in favor of the judgment creditor. The amount of the bond must be
double the value of the goods claimed as the value is fixed by the officer and
conditioned to deliver said property on demand of said officer if it is adjudged
to be the property of the judgment debtor and to pay the judgment creditor all
damages found against you if it appears that the claim was interposed for the
purpose of delay.
YOU HAVE A RIGHT TO A TRIAL BY JURY TO DETERMINE THE
RIGHT TO THE [PROPERTY, DEBT OR OTHER OBLIGATION DUE TO THE
JUDGMENT DEBTOR]. YOU ARE ENTITLED TO DISCOVERY UNDER THE
FLORIDA RULES OF CIVIL PROCEDURE
cer if it is adjudged
to be the property of the judgment debtor and to pay the judgment creditor all
damages found against you if it appears that the claim was interposed for the
purpose of delay.
YOU HAVE A RIGHT TO A TRIAL BY JURY TO DETERMINE THE
RIGHT TO THE [PROPERTY, DEBT OR OTHER OBLIGATION DUE TO THE
JUDGMENT DEBTOR]. YOU ARE ENTITLED TO DISCOVERY UNDER THE
FLORIDA RULES OF CIVIL PROCEDURE. IF THE COURT OR JURY
DETERMINES THAT THE [PROPERTY] [DEBT] [OTHER OBLIGATION]
BELONGS TO THE JUDGMENT DEBTOR AND IS SUBJECT TO
APPLICATION TOWARD THE SATISFACTION OF ITS JUDGMENT, THEN
YOU MAY BE ORDERED TO .....(PAY DAMAGES TO THE JUDGMENT
CREDITOR OR SURRENDER THE PROPERTY OR OTHER OBLIGATION
DUE TO THE JUDGMENT DEBTOR TO THE JUDGMENT CREDITOR)……
ORDERED at ………., Florida, on..... (date) …..
______________________
Judge
FORM 1.914(c). AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO
APPEAR
AFFIDAVIT OF CLAIMANT IN RESPONSE TO NOTICE TO APPEAR
BEFORE ME, the undersigned authority, appeared…..(name of claimant
or claimant’s agent)....., who, after being first duly sworn, deposes and states,
under penalty of perjury:
1.
I am the ……..(claimant, or identify relationship to claimant)……
2.
I (or claimant) was served with a Notice to Appear on…..(date)……
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3.
I (or claimant) own(s) and am/is entitled to possession
of…..(describe the property, debt, or other obligation due to the judgment
debtor identified in the Notice to Appear)..…
4.
This property should not be applied to satisfy the judgment
because…..(state all reasons why the property, debt, or other obligation due to
the judgment debtor identified in the Notice to Appear should not be applied to
satisfy the judgment)……
5.
(Select a or b)
a.
I (or claimant) request(s) a trial by jury on all issues so
triable.
b.
I (or claimant) request(s) a non-jury trial on all issues.
FURTHER AFFIANT SAYETH NAUGHT
e applied to satisfy the judgment
because…..(state all reasons why the property, debt, or other obligation due to
the judgment debtor identified in the Notice to Appear should not be applied to
satisfy the judgment)……
5.
(Select a or b)
a.
I (or claimant) request(s) a trial by jury on all issues so
triable.
b.
I (or claimant) request(s) a non-jury trial on all issues.
FURTHER AFFIANT SAYETH NAUGHT.
Dated:
Signature of Affiant
Printed Name:______________________
STATE OF ________________________________
COUNTY OF ______________________________
Sworn to or affirmed and signed before me on this ___ day of
____________________, 20___ by (name of affiant)_________________________, who
is personally known to me or who has produced _____________________, as
identification and who did take an oath.
NOTARY PUBLIC, STATE OF
.....(Print, Type or Stamp
Commissioned
Name of Notary Public) .....
Committee Notes
1980 Amendment. The description of the property to be levied on has to
be made general so it encompasses all property subject to execution under
section 56.061, Florida Statutes (1979).
2018 Adoption. Form 1.914(c) is used by a claimant to respond to a
Notice to Appear under section 56.29(2), Florida Statutes. Legal defenses need
not be filed under oath, but must be served contemporaneously with the
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233
affidavit. If the claimant’s property has already been levied upon, he or she may
obtain possession of the property by filing with the officer having the execution
a copy of this affidavit and by furnishing the officer a bond with surety, as set
forth in section 56.16, Florida Statutes.
FORM 1.915.
WRIT OF POSSESSION
WRIT OF POSSESSION
THE STATE OF FLORIDA:
To the Sheriff of ………. County, Florida:
YOU ARE COMMANDED to remove all persons from the following
described property in .......... County, Florida:
(describe property)
and to put ........... in possession of it.
DATED on ..........
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1973 Amendment
atutes.
FORM 1.915.
WRIT OF POSSESSION
WRIT OF POSSESSION
THE STATE OF FLORIDA:
To the Sheriff of ………. County, Florida:
YOU ARE COMMANDED to remove all persons from the following
described property in .......... County, Florida:
(describe property)
and to put ........... in possession of it.
DATED on ..........
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1973 Amendment. The form is changed to make the direction conform
to the statutory requirement in section 48.011, Florida Statutes.
1980 Amendment. The direction on this form is changed to the sheriff of
the county where the property is located, and the conclusion is modernized.
FORM 1.916.
REPLEVIN ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this order on defendant, ………., by
personal service as provided by law, if possible, or, if you are unable to
personally serve defendant within the time specified, by placing a copy of this
order with a copy of the summons on the claimed property located at ……….,
Florida, at least 5 days before the hearing scheduled below, excluding the day
of service and intermediate Saturdays, Sundays, and legal holidays.
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234
Nonpersonal service as provided in this order shall be effective to afford notice
to defendant of this order, but for no other purpose.
Defendant shall show cause before the Honorable ………., on
.....(date)....., at ......m. in the ……….. County Courthouse in ………., Florida,
why the property claimed by plaintiff in the complaint filed in this action
should not be taken from the possession of defendant and delivered to plaintiff
ided in this order shall be effective to afford notice
to defendant of this order, but for no other purpose.
Defendant shall show cause before the Honorable ………., on
.....(date)....., at ......m. in the ……….. County Courthouse in ………., Florida,
why the property claimed by plaintiff in the complaint filed in this action
should not be taken from the possession of defendant and delivered to plaintiff.
Defendant may file affidavits, appear personally or with an attorney and
present testimony at the time of the hearing, or, on a finding by the court
pursuant to section 78.067(2), Florida Statutes (1979), that plaintiff is entitled
to possession of the property described in the complaint pending final
adjudication of the claims of the parties, file with the court a written
undertaking executed by a surety approved by the court in an amount equal to
the value of the property to stay an order authorizing the delivery of the
property to plaintiff.
If defendant fails to appear as ordered, defendant shall be deemed to
have waived the right to a hearing. The court may thereupon order the clerk to
issue a writ of replevin.
ORDERED at ……….., Florida, on .....(date)......
Judge
Committee Notes
1980 Adoption. Former form 1.916 is repealed because of the
consolidation of writs of assistance with writs of possession. The new form is
the replevin order to show cause prescribed by section 78.065, Florida Statutes
(1979).
1996 Amendment. This form is amended to provide for service at least 5
days before the show cause hearing, rather than by a specified date.
FORM 1.917.
NE EXEAT
WRIT OF NE EXEAT
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to detain the defendant, ………. and to require
the defendant to give bond in the sum of $………
cause prescribed by section 78.065, Florida Statutes
(1979).
1996 Amendment. This form is amended to provide for service at least 5
days before the show cause hearing, rather than by a specified date.
FORM 1.917.
NE EXEAT
WRIT OF NE EXEAT
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to detain the defendant, ………. and to require
the defendant to give bond in the sum of $………. payable to the Governor of
Florida and the Governor’s successors in office conditioned that the defendant
will answer plaintiff’s pleading in this action and will not depart from the state
without leave of court and will comply with the lawful orders of this court, with
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235
sureties to be approved by the clerk of this court. If the defendant does not give
the bond, the defendant shall be taken into custody and be confined in the
………. County jail until the defendant gives the bond or until further order of
this court. If the defendant does not give the bond, the defendant shall be
brought before a judge of this court within 24 hours of confinement.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1976 Amendment. See 1976 Op. Att’y Gen. Fla. 076-13 (Jan. 23, 1976).
FORM 1.918.
LIS PENDENS
NOTICE OF LIS PENDENS
TO DEFENDANT(S) ………., AND ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED OF THE FOLLOWING:
(a)
The plaintiff has instituted this action against you seeking (“to
foreclose a mortgage” or “to partition” or “to quiet title” or other type of action)
with respect to the property described below.
(b)
The plaintiff(s) in this action is/are:
(1)
..........
(2)
..........
(c)
The date of the institution of this action is .......... OR: the date on
the clerk’s electronic receipt for the action’s filing is .......... OR: the case
number of the action is as shown in the caption.
mortgage” or “to partition” or “to quiet title” or other type of action)
with respect to the property described below.
(b)
The plaintiff(s) in this action is/are:
(1)
..........
(2)
..........
(c)
The date of the institution of this action is .......... OR: the date on
the clerk’s electronic receipt for the action’s filing is .......... OR: the case
number of the action is as shown in the caption.
(d)
The property that is the subject matter of this action is in ..........
County, Florida, and is described as follows:
(legal description of property)
DATED ON .................
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
April 1, 2026 Florida Rules of Civil Procedure
236
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
NOTE: This form is not to be recorded without the clerk’s case number.
Committee Notes
2009 Amendment. This form was substantially rewritten due to the
amendments to section 48.23, Florida Statutes (2009). Section 48.23 provides
that the notice must contain the names of all of the parties, the name of the
court in which the action is instituted, a description of the property involved or
affected, a description of the relief sought as to the property, and one of the
following: the date of the institution of the action, the date of the clerk’s
electronic receipt, or the case number. If the case number is used to satisfy the
requirements of section 48.23, it should be inserted in the case caption of the
notice.
FORM 1.919.
NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO
PROPERTY
NOTICE OF ACTION
TO ………
ription of the relief sought as to the property, and one of the
following: the date of the institution of the action, the date of the clerk’s
electronic receipt, or the case number. If the case number is used to satisfy the
requirements of section 48.23, it should be inserted in the case caption of the
notice.
FORM 1.919.
NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO
PROPERTY
NOTICE OF ACTION
TO ……….
YOU ARE NOTIFIED that an action for (“construction of a will” or “re-
establishment of a lost deed” or other type of action) has been filed against you
and you are required to serve a copy of your written defenses, if any, to it on
………., the plaintiff’s attorney, whose address is ………., on or before
.....(date)....., and file the original with the clerk of this court either before
service on the plaintiff’s attorney or immediately thereafter; otherwise a default
will be entered against you for the relief demanded in the complaint or petition.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
NOTE: This form must be modified to name the other defendants when
there are multiple defendants and all are not served under the same notice. See
section 49.08(1), Florida Statutes (1979).
April 1, 2026 Florida Rules of Civil Procedure
237
FORM 1.920.
NOTICE OF ACTION; CONSTRUCTIVE SERVICE —
PROPERTY
NOTICE OF ACTION
TO ……….
YOU ARE NOTIFIED that an action to (“enforce a lien on” or “foreclose a
mortgage on” or “quiet title to” or “partition” or other type of action) the
following property in………. County, Florida:
(describe property)
has been filed against you and you are required to serve a copy of your written
defenses, if any, to it on ………., the plaintiff’s attorney, whose address is
………., on or before .....(date)....., and file the original with the clerk of this
court either before service on the plaintiff’s attorney or immediately thereafter;
otherwise a default will be entered against you for the relief demanded in the
complaint or petition.
DATED on ………
are required to serve a copy of your written
defenses, if any, to it on ………., the plaintiff’s attorney, whose address is
………., on or before .....(date)....., and file the original with the clerk of this
court either before service on the plaintiff’s attorney or immediately thereafter;
otherwise a default will be entered against you for the relief demanded in the
complaint or petition.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
NOTE: This form must be modified to name the other defendants when
there are multiple defendants and all are not served under the same notice. See
section 49.08(1), Florida Statutes (1979).
FORM 1.921.
NOTICE OF PRODUCTION FROM NONPARTY
NOTICE OF PRODUCTION
To ..........:
YOU ARE NOTIFIED that after 10 days from the date of service of this
notice, if service is by delivery, or 15 days from the date of service, if service is
by mail, and if no objection is received from any party, the undersigned will
issue or apply to the clerk of this court for issuance of the attached subpoena
directed to .........., who is not a party and whose address is .........., to produce
the items listed at the time and place specified in the subpoena.
DATED on ..........
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
April 1, 2026 Florida Rules of Civil Procedure
238
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
NOTE: This form of notice is for use with rule 1.351. A copy of the
subpoena must be attached to this form for it to comply with the rule.
Committee Notes
1980 Adoption. This form is new.
1996 Amendment. This form was amended to comply with amendments
to rules 1.351 and 1.410.
April 1, 2026 Florida Rules of Civil Procedure
239
FORM 1.922.
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
lorida Bar No. ……….
NOTE: This form of notice is for use with rule 1.351. A copy of the
subpoena must be attached to this form for it to comply with the rule.
Committee Notes
1980 Adoption. This form is new.
1996 Amendment. This form was amended to comply with amendments
to rules 1.351 and 1.410.
April 1, 2026 Florida Rules of Civil Procedure
239
FORM 1.922.
SUBPOENA DUCES TECUM WITHOUT DEPOSITION
(a)
When Witness Has Option to Furnish Records Instead of
Attending Deposition; Issuance by Clerk.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ……….
YOU ARE COMMANDED to appear at ………. in ………. Florida, on
.....(date)....., at ......(a.m./p.m.), and to have with you at that time and place
the following: ……….
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You may comply with this
subpoena by providing legible copies of the items to be produced to the
attorney whose name appears on this subpoena on or before the scheduled
date of production. You may condition the preparation of the copies upon the
payment in advance of the reasonable cost of preparation. You may mail or
deliver the copies to the attorney whose name appears on this subpoena and
thereby eliminate your appearance at the time and place specified above. You
have the right to object to the production pursuant to this subpoena at any
time before production by giving written notice to the attorney whose name
appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO
TESTIMONY WILL BE TAKEN.
If you fail to:
(1)
appear as specified; or
(2)
furnish the records instead of appearing as provided above; or
appearance at the time and place specified above. You
have the right to object to the production pursuant to this subpoena at any
time before production by giving written notice to the attorney whose name
appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO
TESTIMONY WILL BE TAKEN.
If you fail to:
(1)
appear as specified; or
(2)
furnish the records instead of appearing as provided above; or
(3)
object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the
following attorney, and unless excused from this subpoena by this attorney or
the court, you must respond to this subpoena as directed.
DATED on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
April 1, 2026 Florida Rules of Civil Procedure
240
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
If you are a person with a disability who needs any accommodation
to respond to this subpoena, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify attorney or party
taking the deposition by name, address, and telephone number] at least 7
days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
(b)
When Witness Must Appear and Produce the Records; Issuance
by Clerk.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ..........:
YOU ARE COMMANDED to appear at .......... in .........., Florida, on
.....(date)....., at ......(a.m./p.m.), and to have with you at that time and place
the following: ...........
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You have the right to object to
the production pursuant to this subpoena at any time before production by
giving written notice to the attorney whose name appears on this subpoena
)....., at ......(a.m./p.m.), and to have with you at that time and place
the following: ...........
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You have the right to object to
the production pursuant to this subpoena at any time before production by
giving written notice to the attorney whose name appears on this subpoena.
THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1)
appear or furnish the records at the time and place specified
instead of appearing; or
(2)
object to this subpoena,
you may be in contempt of court. You are subpoenaed by the attorney whose
name appears on this subpoena, and unless excused from this subpoena by
the attorney or the court, you must respond to this subpoena as directed.
DATED on ...........
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
April 1, 2026 Florida Rules of Civil Procedure
241
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
If you are a person with a disability who needs any accommodation
to respond to this subpoena, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify attorney or party
taking the deposition by name, address, and telephone number] at least 7
days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify attorney or party
taking the deposition by name, address, and telephone number] at least 7
days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
(c)
When Witness Has Option to Furnish Records Instead of
Attending Deposition; Issuance by Attorney of Record.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA:
TO ..........:
YOU ARE COMMANDED to appear at .......... in .........., Florida, on
.....(date)....., at ......(a.m./p.m.), and to have with you at that time and place
the following: ...........
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You may comply with this
subpoena by providing legible copies of the items to be produced to the
attorney whose name appears on this subpoena on or before the scheduled
date of production. You may condition the preparation of the copies upon the
payment in advance of the reasonable cost of preparation. You may mail or
deliver the copies to the attorney whose name appears on this subpoena and
thereby eliminate your appearance at the time and place specified above. You
have the right to object to the production pursuant to this subpoena at any
time before production by giving written notice to the attorney whose name
appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO
TESTIMONY WILL BE TAKEN.
If you fail to:
(1)
appear as specified; or
(2)
furnish the records instead of appearing as provided above; or
April 1, 2026 Florida Rules of Civil Procedure
242
ou
have the right to object to the production pursuant to this subpoena at any
time before production by giving written notice to the attorney whose name
appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO
TESTIMONY WILL BE TAKEN.
If you fail to:
(1)
appear as specified; or
(2)
furnish the records instead of appearing as provided above; or
April 1, 2026 Florida Rules of Civil Procedure
242
(3)
object to this subpoena,
you may be in contempt of court. You are subpoenaed to appear by the
following attorney, and unless excused from this subpoena by this attorney or
the court, you must respond to this subpoena as directed.
DATED on ...........
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
If you are a person with a disability who needs any accommodation
to respond to this subpoena, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify attorney or party
taking the deposition by name, address, and telephone number] at least 7
days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
(d)
When Witness Must Appear and Produce the Records; Issuance
by Attorney of Record.
THE STATE OF FLORIDA:
TO ..........:
YOU ARE COMMANDED to appear at .......... in .........., Florida, on
.....(date)....., at ......(a.m./p.m.), and to have with you at that time and place
the following: ...........
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You have the right to object to
the production pursuant to this subpoena at any time before production by
giving written notice to the attorney whose name appears on this subpoena.
THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
e following: ...........
These items will be inspected and may be copied at that time. You will
not be required to surrender the original items. You have the right to object to
the production pursuant to this subpoena at any time before production by
giving written notice to the attorney whose name appears on this subpoena.
THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN.
If you fail to:
(1)
appear or furnish the records at the time and place specified
instead of appearing; or
(2)
object to this subpoena,
April 1, 2026 Florida Rules of Civil Procedure
243
you may be in contempt of court. You are subpoenaed by the attorney whose
name appears on this subpoena, and unless excused from this subpoena by
the attorney or the court, you must respond to this subpoena as directed.
DATED on ...........
(Name of Attorney)
For the Court
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
If you are a person with a disability who needs any accommodation
to respond to this subpoena, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact [identify attorney or party
taking the deposition by name, address, and telephone number] at least 7
days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
NOTE: These forms are to be used for production of documents under
rule 1.351. Form (a) is used when the person having the records may furnish
copies to the attorney requesting the subpoena instead of appearing at the time
and place specified in the subpoena and the subpoena is to be issued by the
clerk. Form (b) is used when the records must be produced at the time and
place specified in the subpoena and the subpoena is to be issued by the clerk
documents under
rule 1.351. Form (a) is used when the person having the records may furnish
copies to the attorney requesting the subpoena instead of appearing at the time
and place specified in the subpoena and the subpoena is to be issued by the
clerk. Form (b) is used when the records must be produced at the time and
place specified in the subpoena and the subpoena is to be issued by the clerk.
Form (c) is used when the person having the records may furnish copies to the
attorney requesting the subpoena instead of appearing at the time and place
specified in the subpoena and the subpoena is to be issued by an attorney of
record. Form (d) is used when the records must be produced at the time and
place specified in the subpoena and the subpoena is to be issued by an
attorney of record.
Committee Notes
1980 Adoption. This form is new.
1996 Amendment. Forms (a) and (b) were amended and forms (c) and
(d) were added to comply with amendments to rules 1.351 and 1.410.
2013 Amendment. The notice to persons with disabilities was amended
to make the procedure for obtaining accommodation consistent with the
procedure required in court proceedings.
April 1, 2026 Florida Rules of Civil Procedure
244
FORM 1.923(a). EVICTION SUMMONS—RESIDENTIAL
TO: .....(insert name, address, and phone number of tenant)......
PLEASE READ CAREFULLY
You are being sued by .....(insert landlord’s name)..... to require you to
move out of the property located at
for the reasons given in the attached complaint.
You are entitled to a trial to decide whether you can be required to move,
but you MUST do ALL of the things listed below. You must do them within 5
days (not including Saturdays, Sundays, or legal holidays) after the date these
papers were given to you or to a person who lives with you or were posted at
your home.
THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS
FOLLOWS:
1.
Write down the reason(s) why you think you should not be forced
to move
required to move,
but you MUST do ALL of the things listed below. You must do them within 5
days (not including Saturdays, Sundays, or legal holidays) after the date these
papers were given to you or to a person who lives with you or were posted at
your home.
THE THINGS YOU MUST DO TO CHALLENGE THE EVICTION ARE AS
FOLLOWS:
1.
Write down the reason(s) why you think you should not be forced
to move. (You may use Florida Supreme Court Form 1.947(b), Answer—
Residential Eviction, to do this.) The written reason(s) must be given to the
clerk of the court at .....(insert address of courthouse)......
2.
Mail or take a copy of your written reason(s) to:
.....(insert landlord’s name and address)......
3.
Pay the clerk of court the rent that is due. You MUST pay the clerk
of the court the rent each time it becomes due until the lawsuit is over.
Whether you win or lose the lawsuit, the judge may release this rent to the
landlord. [By statute, public housing tenants or tenants receiving rent
subsidies must be required to pay only that portion of the full rent for which
the tenant is responsible under the federal, state, or local program in which
they are participating.]
4.
If you and the landlord do not agree on the amount of rent owed,
you must file a written request (motion) that asks the judge to decide how
much money you must pay to the clerk of the court. The written request must
be filed with your answer to the eviction complaint. A copy of your motion must
also be mailed or hand delivered to the plaintiff(s) attorney, or if the plaintiff(s)
has no attorney, to the plaintiff.
IF YOU DO NOT DO ALL OF THESE THINGS WITHIN 5 DAYS (NOT
INCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR
April 1, 2026 Florida Rules of Civil Procedure
245
COURTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER
NOTICE.
You may want to call a lawyer right away. If you do not know a lawyer,
you can contact the Lawyer Referral Service on The Florida Bar’s website. If you
cannot afford a lawyer, you may be eligible for free legal aid
AYS (NOT
INCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS FOR YOUR
April 1, 2026 Florida Rules of Civil Procedure
245
COURTHOUSE) YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER
NOTICE.
You may want to call a lawyer right away. If you do not know a lawyer,
you can contact the Lawyer Referral Service on The Florida Bar’s website. If you
cannot afford a lawyer, you may be eligible for free legal aid. You can locate
legal aid programs by searching for “legal aid” on The Florida Bar’s website.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no cost to
you, to the provision of certain assistance. Please contact [identify
applicable court personnel by name, address, and telephone number] at
least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is
less than 7 days; if you are hearing or voice impaired, call 711.
THE STATE OF FLORIDA:
TO EACH SHERIFF OF THE STATE:
You are commanded to serve this summons and a copy of the complaint
in this lawsuit on the above-named defendant.
DATED on the
day of
, 20
.
Clerk of the Court
By:
Deputy Clerk
Clerk’s Address:
Telephone No.
CITATORIO DE DESALOJO—RESIDENCIAL
DESTINATARIO: .....(Ponga el nombre, la dirección y el número de teléfono del
inquilino )......
POR FAVOR LEA ATENTAMENTE
Usted ha sido demandado por ....(ponga el nombre del arrendador).....
para exigirle que desaloje la propiedad localizado en
por las razones que se muestran en la demanda querella adjunta
he Court
By:
Deputy Clerk
Clerk’s Address:
Telephone No.
CITATORIO DE DESALOJO—RESIDENCIAL
DESTINATARIO: .....(Ponga el nombre, la dirección y el número de teléfono del
inquilino )......
POR FAVOR LEA ATENTAMENTE
Usted ha sido demandado por ....(ponga el nombre del arrendador).....
para exigirle que desaloje la propiedad localizado en
por las razones que se muestran en la demanda querella adjunta.
Usted tiene el derecho a un juicio para determinar si se le puede exigir
que desaloje, pero DEBE cumplir con TODAS las acciones que se indican a
continuación, las cuales tienen que hacerse dentro de los 5 días hábiles (es
decir, sin incluir sábados, domingos ni días feriados) siguientes a la fecha en
April 1, 2026 Florida Rules of Civil Procedure
246
que la presente documentación le haya sido entregada a usted, o a una
persona que viva con usted, o haya sido posteada en su domicilio.
LAS ACCIONES QUE DEBE HACER PARA CUESTIONAR EL DESALOJO SON
LAS SIGUIENTES:
1.
Indique por escrito la razón(es) por las que considera que no se le
debe obligar a mudarse (para eso, usted puede usar el Formulario 1.947(b) de
la Corte Suprema de la Florida [Florida Supreme Court], “Answer—Residential
Eviction”). La presentación de la razón(es) por escrito debe ser entregada al
secretario del tribunal en .....(Ponga la dirección del tribunal)......
2.
Envíe por correo postal o entregue una copia de sus razones por
escrito a:
.....(Ponga el
nombre y dirección del arrendador)......
3.
Haga el pago del alquiler que se debe al secretario de la corte.
Usted DEBE pagar el alquiler al secretario de la corte cada vez que haya que
pagarlo, hasta que concluya el proceso judicial. Independientemente de si gana
o pierde la demanda, el juez puede entregar este pago del alquiler al
arrendador. [Según la ley, los inquilinos de viviendas públicas o quienes
reciben subsidios de alquiler deben pagar únicamente la parte por la que son
responsables con respecto al monto total del alquiler según el programa
federal, estatal o local del que son participantes]
luya el proceso judicial. Independientemente de si gana
o pierde la demanda, el juez puede entregar este pago del alquiler al
arrendador. [Según la ley, los inquilinos de viviendas públicas o quienes
reciben subsidios de alquiler deben pagar únicamente la parte por la que son
responsables con respecto al monto total del alquiler según el programa
federal, estatal o local del que son participantes].
4.
Si usted y el arrendador no llegan a un acuerdo respecto al monto
del alquiler adeudado, usted deberá presentar una solicitud por escrito (una
petición) para que el juez determine cuánto debe pagar al secretario del
tribunal. La solicitud por escrito debe ser presentada junto con su respuesta a
la demanda de desalojo. Una copia de su petición también deberá ser enviada
por correo postal o entregada personalmente al abogado del demandante, o si
el demandante no tiene abogado, al demandante mismo.
SI NO CUMPLE CON TODOS ESTOS REQUISITOS DENTRO DE LOS 5 DÍAS
HÁBILES (SIN CONTAR SÁBADOS, DOMINGOS NI FERIADOS OFICIALES
SEGÚN EL HORARIO DE ATENCIÓN SU TRIBUNAL), USTED PODRÍA SER
DESALOJADO SIN QUE SE HAGA UNA AUDIENCIA NI SE LE DÉ PREVIO
AVISO.
Sería recomendable que consulte a un abogado de inmediato. Si no
cuenta con un abogado, puede contactar al Servicio de Consulta o Referencia
Legal [Lawyer Referral Service] en el sitio web del Colegio de Abogados de la
Florida [The Florida Bar.] Si no tiene el dinero necesario para contratar un
April 1, 2026 Florida Rules of Civil Procedure
247
abogado, usted podría ser elegible para recibir asesoría jurídica gratuita. Puede
encontrar programas de ayuda legal buscando “asistencia legal” [‘legal aid’] en
el sitio web del Colegio de Abogados de la Florida [The Florida Bar.]
Si usted tiene una discapacidad y requiere alguna adaptación
especial o servicio de apoyo para participar en este procedimiento, tiene
derecho a recibir asistencia gratuita
ado, usted podría ser elegible para recibir asesoría jurídica gratuita. Puede
encontrar programas de ayuda legal buscando “asistencia legal” [‘legal aid’] en
el sitio web del Colegio de Abogados de la Florida [The Florida Bar.]
Si usted tiene una discapacidad y requiere alguna adaptación
especial o servicio de apoyo para participar en este procedimiento, tiene
derecho a recibir asistencia gratuita. Por favor contacte a [identifique el
personal del tribunal que corresponda incluyendo el nombre, dirección y
número de teléfono], por lo menos 7 días antes de su comparecencia
programada ante el tribunal, o inmediatamente después de recibir esta
notificación si el plazo antes de la comparecencia es menor de 7 días; o si
tiene discapacidad auditiva o del habla, llame al 711.
ESTADO DE LA FLORIDA [THE STATE OF FLORIDA:]
A CADA ALGUACIL DEL ESTADO [SHERIFF OF THE STATE:]
Se le ordena que haga entrega oficial de este citatorio, así como de una
copia de la demanda que hace parte de este proceso judicial, al demandado
mencionado anteriormente.
CON FECHA DEL
día del mes de
del
20
.
Secretario(a) del Tribunal
Firmado por:
Secretario(a) Auxiliar
Dirección del Secretario(a) del
Tribunal:
No. de Teléfono
ASSIGNATION EN EXPULSION—RÉSIDENTIEL
À: .....(insérer le nom, l’adresse et le numéro de téléphone du locataire).......
VEUILLEZ LIRE ATTENTIVEMENT
Vous êtes poursuivi par .....(insérer le nom du propriétaire)..... pour vous
obliger à quitter la propriété située à
pour les raisons indiquées dans la plainte ci-jointe.
Vous avez le droit à un procès pour déterminer si vous pouvez être obligé
de déménager, mais vous DEVEZ accomplir TOUTES les choses énumérées ci-
dessous. Vous devez les réaliser dans les 5 jours (à l'exclusion des samedis,
dimanches et jours fériés) suivant la date à laquelle ces documents vous ont
été remis ou à une personne qui habite avec vous ou affichés à votre domicile
la plainte ci-jointe.
Vous avez le droit à un procès pour déterminer si vous pouvez être obligé
de déménager, mais vous DEVEZ accomplir TOUTES les choses énumérées ci-
dessous. Vous devez les réaliser dans les 5 jours (à l'exclusion des samedis,
dimanches et jours fériés) suivant la date à laquelle ces documents vous ont
été remis ou à une personne qui habite avec vous ou affichés à votre domicile.
April 1, 2026 Florida Rules of Civil Procedure
248
POUR CONTESTER VOTRE EXPULSION, IL EST NÉCESSAIRE D'EFFECTUER
LES DÉMARCHES SUIVANTES:
1.
Indiquez les raisons pour lesquelles vous pensez que vous ne
devriez pas être obligé de déménager. (Vous pouvez vous utiliser le formulaire
1.947(b) de la Cour Suprême de Floride [Florida Supreme Court], intitulé
“Answer—Residential Eviction,” pour ce faire.) Les raisons écrites doivent être
soumises au greffier du tribunal à .....(insérer l’adresse du palais de justice)......
2.
Veuillez envoyer ou remettre une copie de vos raisons écrites à:
.....(insérer le nom et l’adresse du propriétaire).......
3.
Vous devez payez au greffier du tribunal le loyer dû. Vous DEVEZ
payez le loyer au greffier à chaque échéance jusqu’à la conclusion du procès.
Que vous gagniez ou perdiez le procès, le juge peut décider de transférer ce
loyer au propriétaire. En vertu de la loi, les locataires de logements sociaux ou
ceux bénéficiant d’aides au loyer ne doivent payer que la part du loyer dont ils
sont responsables selon le programme fédéral, étatique ou local auquel ils
participent.
4.
Si vous et le propriétaire ne parvenez pas à un accord sur le
montant du loyer dû, vous devez soumettre une demande écrite (motion) au
juge pour qu’il détermine le montant à verser au greffier. Cette demande écrite
doit être déposée avec votre réponse à la plainte d’expulsion. Une copie de votre
requête doit également être envoyée par courrier ou remise en main propre à
l’avocat du plaignant, ou, si le plaignant n’a pas d’avocat, directement au
plaignant
le
montant du loyer dû, vous devez soumettre une demande écrite (motion) au
juge pour qu’il détermine le montant à verser au greffier. Cette demande écrite
doit être déposée avec votre réponse à la plainte d’expulsion. Une copie de votre
requête doit également être envoyée par courrier ou remise en main propre à
l’avocat du plaignant, ou, si le plaignant n’a pas d’avocat, directement au
plaignant.
SI VOUS NE RÉALISEZ PAS TOUTES CES CHOSES DANS UN DÉLAI DE 5
JOURS (HORS SAMEDIS, DIMANCHES ET JOURS FÉRIÉS POUR VOTRE
TRIBUNAL), VOUS RISQUEZ D’ÊTRE EXPULSÉ SANS AUDIENCE NI PRÉAVIS
SUPPLÉMENTAIRE.
Il est conseillé de joindre un avocat immédiatement. Si vous ne
connaissez pas d'avocat, vous pouvez contacter le service de référence aux
avocats sur le site Web du Florida Bar [The Florida Bar]. Si vos moyens
financiers sont limités, vous pourriez avoir droit à une aide juridique gratuite.
Vous pouvez trouver des programmes d’aide juridique en effectuant une
recherche pour “aide juridique” [‘legal aid’] sur le site de de sur le site Web du
Florida Bar [The Florida Bar].
April 1, 2026 Florida Rules of Civil Procedure
249
Si vous êtes une personne handicapée nécessitant des
aménagements pour participer à cette procédure, vous avez droit, sans
frais, à certaines formes d'assistance. Veuillez contacter [identifier le
personnel judiciaire concerné par son nom, adresse et numéro de
téléphone] au moins 7 jours avant votre comparution prévue au tribunal,
ou immédiatement après avoir reçu cette notification si le délai avant la
comparution prévue est inférieur à 7 jours; si vous avez des problèmes
d'audition ou de voix, composez le 711.
L’ÉTAT DE FLORIDE [THE STATE OF FLORIDA:]
À CHAQUE SHÉRIF DE L’ÉTAT [SHERIFF OF THE STATE:]
Vous êtes chargé de signifier cette citation et une copie de la plainte dans
cette affaire au défendeur mentionné ci-dessus.
DATÉ le
jour de
20
avoir reçu cette notification si le délai avant la
comparution prévue est inférieur à 7 jours; si vous avez des problèmes
d'audition ou de voix, composez le 711.
L’ÉTAT DE FLORIDE [THE STATE OF FLORIDA:]
À CHAQUE SHÉRIF DE L’ÉTAT [SHERIFF OF THE STATE:]
Vous êtes chargé de signifier cette citation et une copie de la plainte dans
cette affaire au défendeur mentionné ci-dessus.
DATÉ le
jour de
20
.
Greffier du Tribunal
Par:
Greffier Adjoint
Adresse du Greffier:
Numéro de téléphone:
KONVOKASYON DEGÈPISMAN—REZIDANS
A: .....(mete non, adrès, ak nimewo telefòn lokatè a)......
TANPRI LI AK ATANSYON
.....(mete non mèt kay la a) ..... ap rele w lajistis pou mande w deplase
soti nan kay ki nan
pou rezon ki bay nan plent ki tache la a.
Ou gen dwa a yon jijman pou deside si ou ka oblije kite kay la, men ou
DWE fè TOUT bagay ki endike anba la a. Ou dwe fè yo nan 5 jou (sa pa enkli
Samdi, Dimanch, oswa jou ferye legal) apre dat yo te ba ou papye sa yo oswa
bay yon moun ki abite avèk ou oswa yo te afiche yo sou kay ou.
MEN BAGAY OU DWE FÈ YO POU DEFYE DEGÈPISMAN AN:
1.
Ekri rezon ( yo)ki fè w panse yo pa ta dwe fòse w soti nan kay la.
(Ou ka itilize Fòm 1.947(b) Tribinal Siprèm Florid [Florida Supreme Court],
Repons— Degèpisman Rezidansyèl, pou fè sa.) Ou dwe bay grefye tribinal la
rezon (yo) alekri nan .....(mete adrès tribinal la) ......
April 1, 2026 Florida Rules of Civil Procedure
250
2.
Poste oswa pote yon kopi rezon (yo) ou ekri a (yo) bay:
.....(mete non ak adrès mèt kay la)......
3.
Peye grefye tribinal la lwaye ou dwe a. Ou DWE peye grefye nan
tribinal la lwaye a chak mwa lè w dwe jiskaske pwosè a fini. Kit ou genyen
oswa ou pèdi pwosè a, jij la ka bay lwaye sa a bay mèt kay la. [Dapre lalwa,
lokatè lojman piblik oswa lokatè k ap resevwa sibvansyon pou lwaye yo dwe
oblije peye sèlman pòsyon total lwaye lokatè a responsab la dapre pwogram
federal, leta oswa lokal yo ap patisipe ladann nan.]
4
nal la lwaye ou dwe a. Ou DWE peye grefye nan
tribinal la lwaye a chak mwa lè w dwe jiskaske pwosè a fini. Kit ou genyen
oswa ou pèdi pwosè a, jij la ka bay lwaye sa a bay mèt kay la. [Dapre lalwa,
lokatè lojman piblik oswa lokatè k ap resevwa sibvansyon pou lwaye yo dwe
oblije peye sèlman pòsyon total lwaye lokatè a responsab la dapre pwogram
federal, leta oswa lokal yo ap patisipe ladann nan.]
4.
Si oumenm ak mèt kay la pa dakò sou kantite lwaye ou dwe a, ou
dwe depoze yon demann alekri (mosyon) ki mande jij la deside konbyen lajan
ou dwe peye grefye tribinal la. Ou dwe ranpli demann alekri a ak repons ou
pou plent degèpisman an. Ou dwe tou voye yon kopi mosyon w la pa lapòs
oswa remèt avoka moun ki pote plent la (yo), oswa si moun ki pote plent la (yo)
pa gen avoka, bay moun ki pote plent la li.
SI OU PA FÈ TOUT BAGAY SA YO NAN 5 JOU (SA PA ENKLI SAMDI,
DIMANCH, AK JOU FERYE LEGAL POU TRIBINAL OU A) YO KA METE W
DEYÒ SAN YON ODYANS OSWA SAN OKENN LÒT AVI.
Ou ka vle rele yon avoka touswit. Si w pa konnen yon avoka, ou ka kontakte
Sèvis Referans Avoka [Lawyer Referral Service] sou sitwèb Bar Nan Florida [The
Florida Bar]. Si ou pa kapab peye yon avoka, ou ka kalifye pou èd legal gratis.
Ou ka jwenn pwogram èd legal lè w chèche “legal aid” [‘èd legal’] sou sitwèb Bar
Nan Florida [The Florida Bar].
Si ou se yon moun ki gen yon andikap ki bezwen nenpòt aranjman pou
patisipe nan pwosedi sa a, ou gen dwa, san okenn frè pou ou, pou w
resevwa sèten asistans. Tanpri kontakte [idantifye pèsonèl tribinal ki
aplikab yo pa non, adrès, ak nimewo telefòn] omwen 7 jou anvan dat
tribinal la te fikse pou w te parèt la, oswa imedyatman apre w resevwa
notifikasyon sa si dat pou w te parèt la pwograme pou mwens pase 7 jou.
Si ou gen pwoblèm pou tande oswa pou w pale, rele 711.
ETA FLORID [THE STATE OF FLORIDA]:
POU CHAK CHERIF ETA A [SHERIFF OF THE STATE]:
Yo ba w lòd pou w sèvi manda sa a ak yon kopi plent nan pwosè sa a
bayakize ki endike anwo a.
April 1, 2026 Florida Rules of Civil Procedure
251
DAT
nan jou
, 20
wa imedyatman apre w resevwa
notifikasyon sa si dat pou w te parèt la pwograme pou mwens pase 7 jou.
Si ou gen pwoblèm pou tande oswa pou w pale, rele 711.
ETA FLORID [THE STATE OF FLORIDA]:
POU CHAK CHERIF ETA A [SHERIFF OF THE STATE]:
Yo ba w lòd pou w sèvi manda sa a ak yon kopi plent nan pwosè sa a
bayakize ki endike anwo a.
April 1, 2026 Florida Rules of Civil Procedure
251
DAT
nan jou
, 20
.
Grefye Tribinal la
Pa:
Grefye Adjwen
Adrès Grefye a:
Nimewo telefòn:
Committee Notes
1988 Adoption. This form was added to inform those sought to be
evicted of the procedure they must follow to resist eviction.
1996 Amendment. This is a substantial revision of form 1.923 to
comply with the requirements of section 83.60, Florida Statutes, as amended
in 1993.
FORM 1.923(b). SUMMONS ACTION FOR BACK RENT OR OTHER
DAMAGES
Each defendant is further required to serve written defenses to the
demand for back rent or any other damages alleged in the complaint on the
above .....(insert landlord’s name and address)..... within 20 days after service
of this summons on the defendant, exclusive of the day of service, and to file
the original of the written defenses with the clerk of the court either before
service on.....(insert landlord’s name)..... or thereafter. If you fail to do so, a
default may be entered against the defendant for the relief demanded in that
portion of the complaint.
WITNESS my hand and seal of the Court this
day of
, 20
.
(COURT SEAL)
Clerk of the Court
By:
Deputy Clerk
April 1, 2026 Florida Rules of Civil Procedure
252
FORM 1.924.
AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY
I,(full legal name)
(individually or an Employee of
), being sworn, certify that the following information is true:
1.
I have made diligent search and inquiry to discover the
current residence of
, who is [over 18 years
old] [under 18 years old] [age is unknown] (circle one)
rt
By:
Deputy Clerk
April 1, 2026 Florida Rules of Civil Procedure
252
FORM 1.924.
AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY
I,(full legal name)
(individually or an Employee of
), being sworn, certify that the following information is true:
1.
I have made diligent search and inquiry to discover the
current residence of
, who is [over 18 years
old] [under 18 years old] [age is unknown] (circle one). Refer to
checklist below and identify all actions taken (any additional
information included such as the date the action was taken
and the person with whom you spoke is helpful) (attach
additional sheet if necessary):
[check all that apply]
Inquiry of Social Security Information
Telephone listings in the last known locations of defendant’s
residence
Statewide directory assistance search
Internet people finder search {specify sites searched}
Voter registration in the area where defendant was last known to
reside.
Nationwide Masterfile Death Search
Tax Collector’s records in area where defendant was last known to
reside.
Tax Assessor’s records in area where defendant was last known to
reside
Department of Motor vehicle records in the state of defendant’s last
known address
Driver’s License records search in the state of defendant’s last
known address.
Department of Corrections records in the state of defendant’s last
known address.
Federal Prison records search.
Regulatory agencies for professional or occupation licensing.
Inquiry to determine if defendant is in military service.
Last known employment of defendant.
{List all additional efforts made to locate defendant}
Attempts to Serve Process and Results
April 1, 2026 Florida Rules of Civil Procedure
253
I inquired of the occupant of the premises whether the occupant knows
the location of the borrower-defendant, with the following results:
2.
current residence
[check one only]
a.
’s current residence is unknown to
me
b.
’s current residence is in some
state or country
other than
Florida and
’s last known address is:
c
Serve Process and Results
April 1, 2026 Florida Rules of Civil Procedure
253
I inquired of the occupant of the premises whether the occupant knows
the location of the borrower-defendant, with the following results:
2.
current residence
[check one only]
a.
’s current residence is unknown to
me
b.
’s current residence is in some
state or country
other than
Florida and
’s last known address is:
c.
The
, having residence in Florida, has
been absent from Florida for more than 60 days prior to the
date of this affidavit, or conceal him (her) self so that process
cannot be served personally upon him or her, and I believe
that there is no person in the state upon whom service of
process would bind this absent or concealed
.
I understand that I am swearing or affirming under oath to the
truthfulness of the claims made in this affidavit and that the punishment
for knowingly making a false statement includes fines and/or
imprisonment.
Dated:
Signature of Affiant
Printed Name:
Address:
City, State, Zip:
Phone:
Telefacsimile:
STATE OF
COUNTY OF
Sworn to or affirmed and signed before me on this
day of
, 20 . by
.
April 1, 2026 Florida Rules of Civil Procedure
254
NOTARY PUBLIC
STATE OF
(Print, Type, or Stamp Commissioned
Name of Notary Public)
Personally known
Produced identification
Type of identification produced:
NOTE: This form is used to obtain constructive service on the defendant.
April 1, 2026 Florida Rules of Civil Procedure
255
FORM 1.925.
COMPLAINT TO QUIET TITLE
COMPLAINT TO QUIET TITLE
BASED ON FRAUDULENT CONVEYANCE
UNDER SECTION 65.091, FLORIDA STATUTES
The plaintiff(s),
, sue(s)
defendant(s),
,
defendant’s unknown spouse, heirs, devisees, grantees, judgment creditors,
and all other parties claiming by, through, under, or against defendants or
parties or claiming to have any right, title, or interest in the property described
in this complaint, and alleges:
(1)
This is an action to quiet and confirm title of plaintiff in and to
lands located in
County, Florida.
,
, sue(s)
defendant(s),
,
defendant’s unknown spouse, heirs, devisees, grantees, judgment creditors,
and all other parties claiming by, through, under, or against defendants or
parties or claiming to have any right, title, or interest in the property described
in this complaint, and alleges:
(1)
This is an action to quiet and confirm title of plaintiff in and to
lands located in
County, Florida.
(2)
Plaintiff owns the following real property:
(3)
Plaintiff shows entitlement to (deraigns) title as follows (must show
chain of title for at least the past 7 years):
Plaintiff obtained ownership by deed or instrument dated
, recorded on
, in official records book
, page
of the public records of
County, Florida. The property
description in that deed is as follows:
(4)
The deed or instrument purported to have been signed by
plaintiff(s), or purporting to convey the property to defendant(s), dated
, recorded
, in official records book
, page
of the public records of
County, Florida, is fraudulent.
April 1, 2026 Florida Rules of Civil Procedure
256
(5)
Plaintiff did not execute the deed and has not conveyed the
property to any person since obtaining the conveyance(s) described in
paragraph (3).
(6)
The deed or instrument described in paragraph (4) did not convey
title to defendant because the grantor had no title, but the recording of the
deed casts a cloud on plaintiff’s title.
WHEREFORE, the plaintiff(s) respectfully request (requests) the court to
enter an order to quiet title in and award the plaintiff(s) with the same title and
rights to the land that the plaintiff enjoyed before the attempted conveyance.
Date:
Plaintiff
Address
City, State, Zip Code
Phone
E-mail address
(Include signature for each Plaintiff)
FORM 1.932.
OPEN ACCOUNT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., according to the attached account
conveyance.
Date:
Plaintiff
Address
City, State, Zip Code
Phone
E-mail address
(Include signature for each Plaintiff)
FORM 1.932.
OPEN ACCOUNT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., according to the attached account.
WHEREFORE plaintiff demands judgment for damages against
defendant.
NOTE: A copy of the account showing items, time of accrual of each, and
amount of each must be attached.
FORM 1.933.
ACCOUNT STATED
COMPLAINT
April 1, 2026 Florida Rules of Civil Procedure
257
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
Before the institution of this action plaintiff and defendant had
business transactions between them.
3.
(Use A or B).
A.
Plaintiff and defendant agreed on the balance due on
.....(date)......
[OR]
B.
Plaintiff sent a statement to defendant on .....(date)..... and
defendant failed to object within a reasonable time after receiving the
statement.
4.
(Use A or B).
A.
Defendant expressly promised to pay plaintiff the balance
due.
[OR]
B.
Defendant implicitly promised to pay plaintiff the amount set
forth in the statement.
Defendant has not paid plaintiff the amount owed on the account.
$.........., plus interest since .....(date)......
WHEREFORE plaintiff demands judgment for damages against
defendant.
NOTE: Attach a copy of any accounts, statements, or other documents
required to be attached or incorporated by rule 1.130.
FORM 1.934.
PROMISSORY NOTE
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
On .....(date)....., defendant executed and delivered a promissory
note, a copy being attached, to plaintiff in .................... County, Florida.
April 1, 2026 Florida Rules of Civil Procedure
258
3.
Plaintiff owns and holds the note.
4
1.934.
PROMISSORY NOTE
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
On .....(date)....., defendant executed and delivered a promissory
note, a copy being attached, to plaintiff in .................... County, Florida.
April 1, 2026 Florida Rules of Civil Procedure
258
3.
Plaintiff owns and holds the note.
4.
Defendant failed to pay (use a or b)
a.
the note when due.
b.
the installment payment due on the note on .....(date).....,
and plaintiff elected to accelerate payment of the balance.
5.
Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., on the note.
6.
Plaintiff is obligated to pay his/her attorneys a reasonable fee for
their services.
WHEREFORE plaintiff demands judgment for damages against
defendant.
NOTE: A copy of the note must be attached. Use paragraph 4a. or b. as
applicable and paragraph 6 if appropriate.
Committee Notes
1980 Amendment. Paragraph 3 is added to show ownership of the note,
and paragraph 4 is clarified to show that either 4a or 4b is used, but not both.
FORM 1.935.
GOODS SOLD
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., for the following goods sold and delivered by plaintiff to defendant
between .....(date)....., and .....(date).....:
(list goods and prices)
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.936.
MONEY LENT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
April 1, 2026 Florida Rules of Civil Procedure
259
1.
This is an action for damages that (insert jurisdictional amount).
2.
Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., for money lent by plaintiff to defendant on .....(date)......
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.937
tiff, A. B., sues defendant, C. D., and alleges:
April 1, 2026 Florida Rules of Civil Procedure
259
1.
This is an action for damages that (insert jurisdictional amount).
2.
Defendant owes plaintiff $.......... that is due with interest since
.....(date)....., for money lent by plaintiff to defendant on .....(date)......
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.937.
REPLEVIN
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action to recover possession of personal property in
........... County, Florida.
2.
The description of the property is:
(list property)
To the best of plaintiff’s knowledge, information, and belief, the value of the
property is $...........
3.
Plaintiff is entitled to the possession of the property under a
security agreement dated .........., a copy of the agreement being attached.
4.
To plaintiff’s best knowledge, information, and belief, the property
is located at ...........
5.
The property is wrongfully detained by defendant. Defendant came
into possession of the property by (method of possession). To plaintiff’s best
knowledge, information, and belief, defendant detains the property because
(give reasons).
6.
The property has not been taken for any tax, assessment, or fine
pursuant to law.
7.
The property has not been taken under an execution or
attachment against plaintiff’s property.
WHEREFORE plaintiff demands judgment for possession of the property.
NOTE: Paragraph 3 must be modified if the right to possession arose in
another manner. Allegations and a demand for damages, if appropriate, can be
added to the form.
Committee Notes
April 1, 2026 Florida Rules of Civil Procedure
260
1980 Amendment. The form is amended to comply with the
amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S.
67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972).
FORM 1.938.
UNLAWFUL DETAINER; FORCIBLE ENTRY; OR
UNLAWFUL ENTRY
COMPLAINT
Plaintiff, A. B., sues defendant, C.D., and alleges:
1
, can be
added to the form.
Committee Notes
April 1, 2026 Florida Rules of Civil Procedure
260
1980 Amendment. The form is amended to comply with the
amendments to the replevin statutes pursuant to Fuentes v. Shevin, 407 U.S.
67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972).
FORM 1.938.
UNLAWFUL DETAINER; FORCIBLE ENTRY; OR
UNLAWFUL ENTRY
COMPLAINT
Plaintiff, A. B., sues defendant, C.D., and alleges:
1.
This is an action to recover possession of real property in
County, Florida, under chapter 82 and section 51.011, Florida Statutes.
2.
Plaintiff is entitled to possession of the following real property in
said county:
(insert the legal description and the street address of the real
property,
including unit number if applicable)
3.
Plaintiff is entitled to possession of the real property based on 1 of
the following grounds. Plaintiff is: (choose a or b.)
a.
the owner of the real property; or
b.
otherwise entitled to possession of the real
property (and briefly state the reason why).
4.
Defendant came into possession of the real property by 1 of the
following methods: (choose a, b, or c.)
a.
Unlawful Detention. Defendant is in possession
of the real property without consent of a person entitled to possession or after
consent was withdrawn on .....(date that consent was withdrawn)......
b.
Forcible Entry. Defendant entered into and took
possession of the real property with force, in a manner that was not peaceable,
easy, or open, even if the entry was authorized by a person entitled to
possession of the real property.
c.
Unlawful Entry. Defendant entered into and is in
possession of the real property when the entry was not authorized by law or
without consent of a person entitled to possession of the real property.
April 1, 2026 Florida Rules of Civil Procedure
261
WHEREFORE plaintiff demands judgment for possession of the real
property and damages against defendant.
NOTE: This form cannot be used for residential tenancies.
FORM 1.939.
CONVERSION
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1
not authorized by law or
without consent of a person entitled to possession of the real property.
April 1, 2026 Florida Rules of Civil Procedure
261
WHEREFORE plaintiff demands judgment for possession of the real
property and damages against defendant.
NOTE: This form cannot be used for residential tenancies.
FORM 1.939.
CONVERSION
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
On or about .....(date)....., defendant converted to his/her own use
(insert description of property converted) that was then the property of plaintiff
of the value of $...........
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.940.
EJECTMENT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
This is an action to recover possession of real property in ………. County,
Florida.
2.
Defendant is in possession of the following real property in the
county:
(describe property)
to which plaintiff claims title as shown by the attached statement of plaintiff’s
chain of title.
3.
Defendant refuses to deliver possession of the property to plaintiff
or pay plaintiff the profits from it.
WHEREFORE plaintiff demands judgment for possession of the property
and damages against defendant.
NOTE: A statement of plaintiff’s chain of title must be attached.
Committee Notes
April 1, 2026 Florida Rules of Civil Procedure
262
1980 Amendment. The words “possession of” are inserted in paragraph
1 for clarification.
FORM 1.941.
SPECIFIC PERFORMANCE
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for specific performance of a contract to convey
real property in ………. County, Florida.
2.
On .....(date)....., plaintiff and defendant entered into a written
contract, a copy being attached.
3.
Plaintiff tendered the purchase price to defendant and requested a
conveyance of the real property described in the contract.
4.
Defendant refused to accept the tender or to make the conveyance.
5
n action for specific performance of a contract to convey
real property in ………. County, Florida.
2.
On .....(date)....., plaintiff and defendant entered into a written
contract, a copy being attached.
3.
Plaintiff tendered the purchase price to defendant and requested a
conveyance of the real property described in the contract.
4.
Defendant refused to accept the tender or to make the conveyance.
5.
Plaintiff offers to pay the purchase price.
WHEREFORE plaintiff demands judgment that defendant be required to
perform the contract for damages.
NOTE: A copy of the sales contract must be attached.
Committee Notes
1980 Amendment. Paragraph 3 is divided into 2 paragraphs to properly
accord with rule 1.110(f).
FORM 1.942.
CHECK
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
On .....(date)....., defendant executed a written order for the
payment of $.........., commonly called a check, a copy being attached, payable
to the order of plaintiff and delivered it to plaintiff.
3.
The check was presented for payment to the drawee bank but
payment was refused.
4.
Plaintiff holds the check and it has not been paid.
April 1, 2026 Florida Rules of Civil Procedure
263
5.
Defendant owes plaintiff $.......... that is due with interest from
.....(date)....., on the check.
WHEREFORE plaintiff demands judgment for damages against
defendant.
NOTE: A copy of the check must be attached. Allegations about
endorsements are omitted from the form and must be added when proper.
Committee Notes
1980 Amendment. Paragraph 4 is divided into 2 paragraphs to properly
accord with rule 1.110(f).
April 1, 2026 Florida Rules of Civil Procedure
264
FORM 1.944(a). MORTGAGE FORECLOSURE
(When location of original note known)
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action to foreclose a mortgage on real property in ..........
County, Florida.
2
er.
Committee Notes
1980 Amendment. Paragraph 4 is divided into 2 paragraphs to properly
accord with rule 1.110(f).
April 1, 2026 Florida Rules of Civil Procedure
264
FORM 1.944(a). MORTGAGE FORECLOSURE
(When location of original note known)
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action to foreclose a mortgage on real property in ..........
County, Florida.
2.
On .....(date)....., defendant executed and delivered a promissory
note and a mortgage securing payment of the note to .....(plaintiff or plaintiff’s
predecessor)...... The mortgage was recorded on .....(date)....., in Official
Records Book .......... at page .......... of the public records of .......... County,
Florida, and mortgaged the property described in the mortgage then owned by
and in possession of the mortgagor, a copy of the mortgage and the note being
attached.
3.
(Select a, b, c, or d)
(a)
Plaintiff is the holder of the original note secured by the
mortgage.
(b)
Plaintiff is a person entitled to enforce the note under
applicable law because .....(allege specific facts)......
(c)
Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of .....(name of holder)....., the holder of
the original note. The document(s) that grant(s) plaintiff the authority to act on
behalf of the holder of the original note is/are as follows ...........
(d)
Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of .....(name of non-holder)....., who is not
the holder but is entitled to enforce the note under section 673.3011(2), Florida
Statutes, because .....(allege specific facts)...... The document(s) that grant(s)
plaintiff the authority to act on behalf of the person entitled to enforce the note
is are as follows ...........
4.
The property is now owned by defendant who holds possession.
5
on behalf of .....(name of non-holder)....., who is not
the holder but is entitled to enforce the note under section 673.3011(2), Florida
Statutes, because .....(allege specific facts)...... The document(s) that grant(s)
plaintiff the authority to act on behalf of the person entitled to enforce the note
is are as follows ...........
4.
The property is now owned by defendant who holds possession.
5.
Defendant has defaulted under the note and mortgage by failing to
pay the payment due .....(date)....., and all subsequent payments .....(allege
other defaults as applicable)......
6.
Plaintiff declares the full amount payable under the note and
mortgage to be due.
April 1, 2026 Florida Rules of Civil Procedure
265
7.
Defendant owes plaintiff $.......... that is due on principal on the
note and mortgage, interest from .....(date)....., and title search expense for
ascertaining necessary parties to this action.
8.
Plaintiff is obligated to pay plaintiff’s attorneys a reasonable fee for
their services. Plaintiff is entitled to recover its attorneys’ fees under .....(allege
statutory and/or contractual bases, as applicable)......
WHEREFORE plaintiff demands judgment foreclosing the mortgage, for
costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale
are insufficient to pay plaintiff’s claim, a deficiency judgment.
NOTE: An action for foreclosure of a mortgage on residential real
property must contain an oath, affirmation, or the following statement as
required by rule 1.115(e).
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the
facts alleged therein are true and correct to the best of my knowledge and
belief.
Executed on this …..(date)……
Person Signing Verification]
CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
The undersigned hereby certifies:
1.
That plaintiff is in possession of the original promissory note upon
which this action is brought.
2.
The location of the original promissory note is: .....(location)......
3
he
facts alleged therein are true and correct to the best of my knowledge and
belief.
Executed on this …..(date)……
Person Signing Verification]
CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
The undersigned hereby certifies:
1.
That plaintiff is in possession of the original promissory note upon
which this action is brought.
2.
The location of the original promissory note is: .....(location)......
3.
The name and title of the person giving the certification is:
.....(name and title)......
4.
The name of the person who personally verified such possession is:
.....(name)......
5.
The time and date on which possession was verified were: .....(time
and date)......
6.
Correct copies of the note (and, if applicable, all endorsements,
transfers, allonges, or assignments of the note) are attached to this
certification.
April 1, 2026 Florida Rules of Civil Procedure
266
7.
I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing
Certification of Possession of Original Note and that the facts stated in it are
true.
Executed on .....(date)......
(Person Signing Certification)
NOTE: This form is for installment payments with acceleration. It omits
allegations about junior encumbrances, unpaid taxes, and unpaid insurance
premiums, other nonmonetary defaults, and for a receiver. They must be added
when appropriate. A copy of the note and mortgage must be attached. This
form may require modification. This form is designed to incorporate the
pleading requirements of section 702.015, Florida Statutes (2013) and rule
1.115. It is also designed to conform to section 673.3011, Florida Statutes
(2013), except that part of section 673.3011, Florida Statutes, which defines a
person entitled to enforce an instrument under section 673.3091, Florida
Statutes. See form 1.944(b). Pursuant to section 702.015, Florida Statutes
ed to incorporate the
pleading requirements of section 702.015, Florida Statutes (2013) and rule
1.115. It is also designed to conform to section 673.3011, Florida Statutes
(2013), except that part of section 673.3011, Florida Statutes, which defines a
person entitled to enforce an instrument under section 673.3091, Florida
Statutes. See form 1.944(b). Pursuant to section 702.015, Florida Statutes
(2013), a certification of possession of the original promissory note must be
filed contemporaneously with the Complaint (form 1.944(a)) or, in the event
that the plaintiff seeks to enforce a lost, destroyed, or stolen instrument, an
affidavit setting forth the facts required by law must be attached to the
complaint (form 1.944(b)).
FORM 1.944(b). MORTGAGE FORECLOSURE
(When location of original note unknown)
COMPLAINT
Plaintiff, ABC, sues defendant, XYZ, and states:
1.
This is an action to foreclose a mortgage on real property in ..........
County, Florida.
2.
On .....(date)....., defendant executed and delivered a promissory
note and a mortgage securing the payment of said note to .....(plaintiff or
plaintiff’s predecessor)...... The mortgage was recorded on .....(date)....., in
Official Records Book .......... at page .......... of the public records of ..........
County, Florida, and mortgaged the property described therein which was then
owned by and in possession of the mortgagor. A copy of the mortgage and note
are attached to the affidavit which is attached hereto as Composite Exhibit “1”;
the contents of the affidavit are specifically incorporated by reference.
3.
Plaintiff is not in possession of the note but is entitled to enforce it.
April 1, 2026 Florida Rules of Civil Procedure
267
4.
(select a, b, c, or d) Plaintiff cannot reasonably obtain possession of
the note because
(a)
the note was destroyed.
(b)
the note is lost.
(c)
the note is in the wrongful possession of an unknown
person.
ents of the affidavit are specifically incorporated by reference.
3.
Plaintiff is not in possession of the note but is entitled to enforce it.
April 1, 2026 Florida Rules of Civil Procedure
267
4.
(select a, b, c, or d) Plaintiff cannot reasonably obtain possession of
the note because
(a)
the note was destroyed.
(b)
the note is lost.
(c)
the note is in the wrongful possession of an unknown
person.
(d)
the note is in the wrongful possession of a person that
cannot be found or is not amenable to service of process.
5.
(select a, b, c, d, e, or f)
(a)
When loss of possession occurred, plaintiff was the holder of
the original note secured by the mortgage.
(b)
When loss of possession occurred, plaintiff was a person
entitled to enforce the note under applicable law because .....(allege specific
facts)......
(c)
Plaintiff has directly or indirectly acquired ownership of the
note from a person entitled to enforce the note when loss of possession
occurred as follows: .....(allege facts as to transfer of ownership)......
(d)
Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the holder of the original note who lost
possession of the note. The document(s) that grant(s) plaintiff the authority to
act on behalf of the person entitled to enforce the note is/are as follows ..........
(attach documents if not already attached).
(e)
Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the person entitled to enforce the note
when loss of possession occurred because .....(allege specific facts)...... The
document(s) that grant(s) plaintiff the authority to act on behalf of the person
entitled to enforce the note is/are as follows .......... (attach documents if not
already attached).
laintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the person entitled to enforce the note
when loss of possession occurred because .....(allege specific facts)...... The
document(s) that grant(s) plaintiff the authority to act on behalf of the person
entitled to enforce the note is/are as follows .......... (attach documents if not
already attached).
(f)
Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the person or entity who directly or
indirectly acquired ownership of the note from a person entitled to enforce the
note when loss of possession occurred, as follows: .....(allege specific facts)......
the document(s) that grant(s) plaintiff the authority to act on behalf of the
person entitled to enforce the note is/are as follows .......... (attach documents
if not already attached).
April 1, 2026 Florida Rules of Civil Procedure
268
6.
Plaintiff did not transfer the note or lose possession of it as the
result of a lawful seizure.
7.
The property is now owned by defendant who holds possession.
8.
Defendant has defaulted under the note and mortgage by failing to
pay the payment(s) due ..…(date(s))….. , and all subsequent payments …..
(identify other defaults as applicable)……
9.
Plaintiff declares the full amount payable under the note and
mortgage to be due.
10.
Defendant owes plaintiff $......... that is due on principal on the
note and mortgage, interest from .....(date)....., and title search expense for
ascertaining necessary parties to this action.
11.
Plaintiff is obligated to pay its attorneys a reasonable fee for their
services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this
claim pursuant to .....(identify statutory and/or contractual bases, as
applicable).....
s due on principal on the
note and mortgage, interest from .....(date)....., and title search expense for
ascertaining necessary parties to this action.
11.
Plaintiff is obligated to pay its attorneys a reasonable fee for their
services. Plaintiff is entitled to recover its attorneys’ fees for prosecuting this
claim pursuant to .....(identify statutory and/or contractual bases, as
applicable)......
WHEREFORE, Plaintiff demands judgment re-establishing the
promissory note, determining the amount and nature of adequate protection to
be required by sections 673.3091(2) and 702.11, Florida Statutes, foreclosing
the mortgage, for costs (and, where applicable, for attorneys’ fees), and if the
proceeds of the sale are insufficient to pay plaintiff’s claim, a deficiency
judgment.
NOTE: An action for foreclosure of a mortgage on residential real
property must contain an oath, affirmation, or the following statement as
required by rule 1.115(e).
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the
facts alleged therein are true and correct to the best of my knowledge and
belief.
Executed on .....(date)......
(Person Signing Verification)
*****
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
April 1, 2026 Florida Rules of Civil Procedure
269
COUNTY OF ………..
BEFORE ME, the undersigned authority, personally appeared
.....(name)....., who, after being first duly sworn, deposes and states, under
penalty of perjury:
1.
I am the plaintiff (or plaintiff’s ..........) (identify relationship to
plaintiff).
I am executing this affidavit in support of plaintiff’s Complaint against
defendant and I have personal knowledge of the matters set forth herein.
2.
On .....(date)..... , the public records reflect that defendant executed
and delivered a mortgage securing the payment of the note to
.....(plaintiff/plaintiff’s predecessor)...... The mortgage was recorded on
.....(date)..... , in Official Records Book .......... at page .......... of the public
records of .........
ainst
defendant and I have personal knowledge of the matters set forth herein.
2.
On .....(date)..... , the public records reflect that defendant executed
and delivered a mortgage securing the payment of the note to
.....(plaintiff/plaintiff’s predecessor)...... The mortgage was recorded on
.....(date)..... , in Official Records Book .......... at page .......... of the public
records of .......... County, Florida, and mortgaged the property described
therein, which was then owned by and in possession of the mortgagor, a copy
of the mortgage and the note being attached.
3.
Plaintiff is not in possession of the note but is entitled to enforce it.
4.
(select a, b, c, or d) Plaintiff cannot reasonably obtain possession of
the note because
(a)
the note was destroyed.
(b)
the note is lost.
(c)
the note is in the wrongful possession of an unknown
person.
(d)
the note is in the wrongful possession of a person who
cannot be found or is not amenable to service of process.
5.
(select a, b, c, d, e, or f)
(a)
When loss of possession occurred, plaintiff was the holder of
the original note secured by the mortgage.
(b)
When loss of possession occurred, plaintiff was a person
entitled to enforce the note under applicable law because .....(allege specific
facts)......
(c)
Plaintiff has directly or indirectly acquired ownership of the
note from a person entitled to enforce the note when loss of possession
occurred as follows: .....(allege facts regarding transfer of ownership)......
April 1, 2026 Florida Rules of Civil Procedure
270
(d)
Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the holder of the original note who lost
possession of the note. The document(s) that grant(s) plaintiff the authority to
act on behalf of the person entitled to enforce the note is/are as follows ...........
(attach copy of document(s) or relevant portion(s) of the document(s)).
il Procedure
270
(d)
Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the holder of the original note who lost
possession of the note. The document(s) that grant(s) plaintiff the authority to
act on behalf of the person entitled to enforce the note is/are as follows ...........
(attach copy of document(s) or relevant portion(s) of the document(s)).
(e)
Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the person entitled to enforce the
original note when loss of possession occurred, because .....(allege specific
facts)...... The document(s) that grant(s) plaintiff the authority to act on behalf
of the person entitled to enforce the note is/are as follows .......... (attach
documents if not already attached).
(f)
Plaintiff has been delegated the authority to institute a
mortgage foreclosure action on behalf of the person or entity who directly or
indirectly acquired ownership of the note from a person entitled to enforce the
original note when loss of possession occurred, as follows .....(allege specific
facts)...... The document(s) that grant(s) plaintiff the authority to act on behalf
of the person entitled to enforce the note is/are as follows .......... (attach
documents if not already attached).
6.
Below is the clear chain of the endorsements, transfers, allonges or
assignments of the note and all documents that evidence same as are available
to Plaintiff: .....(identify in chronological order all endorsements, transfers,
assignments of, allonges to, the note or other evidence of the acquisition,
ownership and possession of the note)...... Correct copies of the foregoing
documents are attached to this affidavit.
7.
Plaintiff did not transfer the note or lose possession of it as the
result of a lawful seizure.
FURTHER, AFFIANT SAYETH NAUGHT.
[signature]
……….
[typed or printed name of affiant]
STATE OF FLORIDA
COUNTY OF ..............
longes to, the note or other evidence of the acquisition,
ownership and possession of the note)...... Correct copies of the foregoing
documents are attached to this affidavit.
7.
Plaintiff did not transfer the note or lose possession of it as the
result of a lawful seizure.
FURTHER, AFFIANT SAYETH NAUGHT.
[signature]
……….
[typed or printed name of affiant]
STATE OF FLORIDA
COUNTY OF ...............
BEFORE ME, the undersigned authority appeared .....(name of
affiant)....., who .....is personally known to me or ..... produced identification
….. and acknowledged that he/she executed the foregoing instrument for the
purposes expressed therein and who did take an oath.
April 1, 2026 Florida Rules of Civil Procedure
271
WITNESS my hand and seal in the State and County aforesaid, this
.....(date)......
NOTARY PUBLIC, State of Florida
Print Name: ……….
Commission Expires:……….
Committee Note
2014 Adoption. This form is for installment payments with acceleration.
It omits allegations about junior encumbrances, unpaid taxes, unpaid
insurance premiums, other nonmonetary defaults, and for a receiver.
Allegations must be added when appropriate. This form may require
modification. This form is designed to incorporate the pleading requirements of
section 702.015, Florida Statutes (2013), and rule 1.115. It is also designed to
comply with section 673.3091, Florida Statutes (2013). Adequate protection as
required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013),
must be provided before the entry of final judgment.
FORM 1.944(c)
MOTION FOR ORDER TO SHOW CAUSE
PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE FOR ENTRY OF
FINAL JUDGMENT OF FORECLOSURE
1.
Plaintiff is a lienholder of real property located at …..(address)…..
or is a …..Condominium Association/Cooperative Association/Homeowner’s
Association……
2.
The plaintiff has filed a verified complaint in conformity with
applicable law, which is attached.
3
dgment.
FORM 1.944(c)
MOTION FOR ORDER TO SHOW CAUSE
PLAINTIFF’S MOTION FOR ORDER TO SHOW CAUSE FOR ENTRY OF
FINAL JUDGMENT OF FORECLOSURE
1.
Plaintiff is a lienholder of real property located at …..(address)…..
or is a …..Condominium Association/Cooperative Association/Homeowner’s
Association……
2.
The plaintiff has filed a verified complaint in conformity with
applicable law, which is attached.
3.
The plaintiff requests this court issue an order requiring
defendant(s) to appear before the court to show cause why a final judgment of
foreclosure should not be entered against defendant(s).
4.
The date of the hearing may not occur sooner than the later of 20
days after service of the order to show cause or 45 days after service of the
initial complaint.
OR
COMMENT: Use the following when service is by publication:
4.
When service is obtained by publication, the date for the hearing
may not be set sooner than 30 days after the first publication.
April 1, 2026 Florida Rules of Civil Procedure
272
5.
The accompanying proposed order to show cause affords
defendant(s) all the rights and obligations as contemplated by applicable law.
6.
Upon the entry of the order to show cause, plaintiff shall serve a
copy of the executed order to show cause for entry of final judgment as
required by law.
Plaintiff requests the court review this complaint and grant this motion for
order to show cause for entry of final judgment of foreclosure, and grant such
further relief as may be awarded at law or in equity.
Plaintiff
Certificate of Service
Committee Note
2014 Adoption. This form is designed to comply with section 702.10,
Florida Statutes (2013).
FORM 1.944(d)
ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
THIS CAUSE has come before the court on …..plaintiff’s/lien holder’s…..
motion for order to show cause for entry of final judgment of mortgage
foreclosure and the court having reviewed the motion and the verified
complaint, and being otherwise fully advised in the circumstances, finds and it
is
ORDERED AND ADJUDGED that:
1
rida Statutes (2013).
FORM 1.944(d)
ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
THIS CAUSE has come before the court on …..plaintiff’s/lien holder’s…..
motion for order to show cause for entry of final judgment of mortgage
foreclosure and the court having reviewed the motion and the verified
complaint, and being otherwise fully advised in the circumstances, finds and it
is
ORDERED AND ADJUDGED that:
1.
The defendant(s) shall appear at a hearing on foreclosure on
…..(date)….. at …..(time)….. before the undersigned judge, in the
…..(county)….. Courthouse at …..(address)….., to show cause why the attached
final judgment of foreclosure should not be entered against the defendant(s) in
this cause. This hearing referred to in this order is a “show cause hearing.”
2.
This ORDER TO SHOW CAUSE shall be served on the defendant(s)
in accordance with the Florida Rules of Civil Procedure and applicable law as
follows:
a.
If the defendant(s) has/have been served under Chapter 48,
Florida Statutes, with the verified complaint and original process has already
been effectuated, service of this order may be made in the manner provided in
the Florida Rules of Civil Procedure; or, if the other party is a plaintiff in the
action, service of the order to show cause on that party may be made in the
manner provided in the Florida Rules of Civil Procedure.
April 1, 2026 Florida Rules of Civil Procedure
273
b.
If the defendant(s) has/have not been served under Chapter
48, Florida Statutes, with the verified complaint and original process, the order
to show cause, together with the summons and a copy of the verified
complaint, shall be served on the party in the same manner as provided by law
for original process.
3.
The filing of defenses by a motion or verified answer at or before
the show cause hearing constitutes cause for which the court may not enter
the attached final judgment.
4
h the verified complaint and original process, the order
to show cause, together with the summons and a copy of the verified
complaint, shall be served on the party in the same manner as provided by law
for original process.
3.
The filing of defenses by a motion or verified answer at or before
the show cause hearing constitutes cause for which the court may not enter
the attached final judgment.
4.
Defendant(s) has/have the right to file affidavits or other papers at
the time of the show cause hearing and may appear at the hearing personally
or by an attorney.
5.
If defendant(s) file(s) motions, they may be considered at the time
of the show cause hearing.
6.
Defendant(s)’ failure to appear either in person or by an attorney at
the show cause hearing or to file defenses by motion or by a verified or sworn
answer, affidavits, or other papers which raise a genuine issue of material fact
which would preclude entry of summary judgment or which would otherwise
constitute a legal defense to foreclosure, after being served as provided by law
with the order to show cause, will be deemed presumptively a waiver of the
right to a hearing. In such case, the court may enter a final judgment of
foreclosure ordering the clerk of the court to conduct a foreclosure sale. An
order requiring defendant(s) to vacate the premises may also be entered.
7.
If the mortgage provides for reasonable attorneys’ fees and the
requested fee does not exceed 3% of the principal amount owed at the time the
complaint is filed, the court may not need to hold a hearing to adjudge the
requested fee to be reasonable.
8.
Any final judgment of foreclosure entered under section 702.10(1)
Florida Statutes, shall be only for in rem relief; however, entry of such final
judgment of foreclosure shall not preclude entry of an in personam money
damages judgment or deficiency judgment where otherwise allowed by law.
9
plaint is filed, the court may not need to hold a hearing to adjudge the
requested fee to be reasonable.
8.
Any final judgment of foreclosure entered under section 702.10(1)
Florida Statutes, shall be only for in rem relief; however, entry of such final
judgment of foreclosure shall not preclude entry of an in personam money
damages judgment or deficiency judgment where otherwise allowed by law.
9.
A copy of the proposed final judgment is attached and will be
entered by the court if defendant(s) waive(s) the right to be heard at the
show cause hearing.
DONE AND ORDERED at …..(county)….., Florida …..(date)……
CIRCUIT JUDGE
Copies to:
April 1, 2026 Florida Rules of Civil Procedure
274
Committee Note
2014 Adoption. This form is designed to comply with section 702.10(1),
Florida Statutes (2013).
FORM 1.945.
MOTOR VEHICLE NEGLIGENCE COMPLAINT
COMPLAINT
Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
(Use a or b) a. On or about .....(date)....., defendant, C. D., owned a
motor vehicle that was operated with his/her consent by defendant, E. F., at
.................. in ...................., Florida.
b.
On or about .....(date)....., defendant owned and operated a
motor vehicle at ................ in ........................, Florida.
3.
At that time and place defendants negligently operated or
maintained the motor vehicle so that it collided with plaintiff’s motor vehicle.
4.
As a result plaintiff suffered bodily injury and resulting pain and
suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and
treatment, loss of earnings, loss of ability to earn money, and aggravation of a
previously existing condition. The losses are either permanent or continuing
and plaintiff will suffer the losses in the future. Plaintiff’s automobile was
damaged and he/she lost the use of it during the period required for its repair
or replacement
nt of life, expense of hospitalization, medical and nursing care and
treatment, loss of earnings, loss of ability to earn money, and aggravation of a
previously existing condition. The losses are either permanent or continuing
and plaintiff will suffer the losses in the future. Plaintiff’s automobile was
damaged and he/she lost the use of it during the period required for its repair
or replacement.
WHEREFORE plaintiff demands judgment for damages against
defendants.
NOTE: This form, except for paragraph 2b, is for use when owner and
driver are different persons. Use paragraph 2b when they are the same. If
paragraph 2b is used, “defendants” must be changed to “defendant” wherever it
appears.
Committee Notes
1980 Amendment. This form was changed to show that one of the alternatives
in paragraph 2 is used, but not both, and paragraph 4 has been changed to
paraphrase Standard Jury Instruction 6.2.
April 1, 2026 Florida Rules of Civil Procedure
275
FORM 1.946.
MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS
UNABLE TO DETERMINE WHO IS RESPONSIBLE
COMPLAINT
Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
On or about .....(date)....., defendant, C. D., or defendant, E. F., or
both defendants, owned and operated motor vehicles at .................... in
...................., Florida.
3.
At that time and place defendants, or one of them, negligently
operated or maintained their motor vehicles so that one or both of them
collided with plaintiff’s motor vehicle.
4.
As a result plaintiff suffered bodily injury and resulting pain and
suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and
treatment, loss of earnings, loss of ability to earn money, and aggravation of a
previously existing condition. The losses are either permanent or continuing
and plaintiff will suffer the losses in the future
bodily injury and resulting pain and
suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and
treatment, loss of earnings, loss of ability to earn money, and aggravation of a
previously existing condition. The losses are either permanent or continuing
and plaintiff will suffer the losses in the future. Plaintiff’s automobile was
damaged and he/she lost the use of it during the period required for its repair
or replacement.
WHEREFORE plaintiff demands judgment for damages against
defendants.
NOTE: Allegations when owner and driver are different persons are
omitted from this form and must be added when proper.
Committee Notes
1980 Amendment. Paragraph 4 is changed to paraphrase Standard Jury
Instruction 6.2.
FORM 1.947.
TENANT EVICTION
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action to evict a tenant from real property in ..................
County, Florida.
2.
Plaintiff owns the following described real property in said county:
April 1, 2026 Florida Rules of Civil Procedure
276
(describe property)
3.
Defendant has possession of the property under (oral, written)
agreement to pay rent of $.......... payable .....................
4.
Defendant failed to pay rent due .....(date)......
5.
Plaintiff served defendant with a notice on .....(date)....., to pay the
rent or deliver possession but defendant refuses to do either.
WHEREFORE plaintiff demands judgment for possession of the property
against defendant.
NOTE: Paragraph 3 must specify whether the rental agreement is written
or oral and if written, a copy must be attached.
FORM 1.947(b). ANSWER—RESIDENTIAL EVICTION
1.
The defendant answers the complaint as follows: (Check ONLY 1,
a. or b.)
a.
Defendant generally denies each statement of the
complaint.
b.
Defendant admits that all the statements of the
complaint are true EXCEPT:
against defendant.
NOTE: Paragraph 3 must specify whether the rental agreement is written
or oral and if written, a copy must be attached.
FORM 1.947(b). ANSWER—RESIDENTIAL EVICTION
1.
The defendant answers the complaint as follows: (Check ONLY 1,
a. or b.)
a.
Defendant generally denies each statement of the
complaint.
b.
Defendant admits that all the statements of the
complaint are true EXCEPT:
(i)
The following statement(s) in paragraph(s)
of the complaint is/are false. Please explain:
(ii)
I do not know whether the information in
paragraph(s)
of the complaint is/are true or false, so I am
denying them.
2.
If you write down any defense other than payment of rent, then
you must take one of the following steps:
a.
If you agree with the landlord about the rent owed, then you
must pay the rent owed into the court registry when you file this response.
b.
If you disagree with the landlord about the rent owed for any
reason, then you must check box 3(b) below and describe with detail why you
disagree.
April 1, 2026 Florida Rules of Civil Procedure
277
c.
You MUST pay the clerk of court the rent each time it
becomes due until the lawsuit is over.
If you fail to follow these instructions, then you will lose your defenses.
You will not have a hearing in your case and you may be evicted without a
court date.
3.
The defendant sets forth the following defenses to the complaint:
(Check ONLY the defenses that apply, and state brief facts to support each
checked defense.)
a.
The landlord did not make repairs, and I withheld my
rent after sending written notice to the landlord. (Attach a copy of the written
notice to the landlord.) Please explain:
b.
I do not owe the total amount of rent or ongoing
amount of rent the landlord claims I owe. I am also asking this court to
determine the amount of rent that must be deposited into the court registry
and requesting a hearing. (Motion to Determine Rent.) Please explain:
c
d my
rent after sending written notice to the landlord. (Attach a copy of the written
notice to the landlord.) Please explain:
b.
I do not owe the total amount of rent or ongoing
amount of rent the landlord claims I owe. I am also asking this court to
determine the amount of rent that must be deposited into the court registry
and requesting a hearing. (Motion to Determine Rent.) Please explain:
c.
I attempted/offered to pay all the rent due before the
notice to pay rent expired, but the landlord did not accept the rent payment.
Please explain:
d.
I paid the rent demanded by the landlord in the notice
to pay rent. Please explain:
e.
The landlord waived, changed, or canceled the notice
that required me to move out of the residence. Please explain:
f.
The landlord filed the eviction in retaliation against
me. For example, the tenant has complained to a governmental agency charged
April 1, 2026 Florida Rules of Civil Procedure
278
with responsibility for enforcement of building, housing, or health codes of a
suspected violation, or tenant has complained directly to the landlord. Please
explain:
g.
The landlord filed the eviction in violation of the
Federal Fair Housing Act and/or the Florida Fair Housing Act. Please explain:
h.
The landlord accepted rent from me after sending me
the notice to terminate. Please explain:
i.
I already corrected the violations claimed by the
landlord on the notice to terminate. Please explain:
j.
The landlord is not the owner of the property where I
live. Please explain:
k.
I did not receive the notice to terminate or the notice
was legally incorrect. Please explain:
l.
Other defenses. Please explain:
4.
You have a constitutional right to request a trial by a jury of
your peers instead of a judge. However, there are some things you should
know about this right:
April 1, 2026 Florida Rules of Civil Procedure
279
a.
You may have waived this right in your lease, so review it
carefully before requesting a jury trial.
b
otice
was legally incorrect. Please explain:
l.
Other defenses. Please explain:
4.
You have a constitutional right to request a trial by a jury of
your peers instead of a judge. However, there are some things you should
know about this right:
April 1, 2026 Florida Rules of Civil Procedure
279
a.
You may have waived this right in your lease, so review it
carefully before requesting a jury trial.
b.
If you want a jury trial, you should request it in writing when
you file your answer or you may waive your right to a jury trial.
c.
Jury trials are not simple to conduct. You will bear some
responsibility in the process and, if you are unprepared, it may be difficult to
represent yourself in a jury trial. Additionally, once you request a jury trial, if
you change your mind and you want the judge to decide your case, the
landlord will need to agree.
d.
If you have questions about whether to request a jury trial,
you should speak with an attorney.
5.
Select whether you want to request a jury trial: (Check only one.)
I want a judge to decide my case.
I want a jury to decide my case.
All of the statements made above are true to the best of my knowledge
and belief.
Signature:
Printed Name:
Date:
Address:
Telephone Number:
E-mail Address:
NOTE: Each defendant named in the complaint for whom this answer is
filed must sign this answer unless the defendant’s attorney signs.
FORM 1.948.
THIRD-PARTY COMPLAINT. GENERAL FORM
THIRD-PARTY COMPLAINT
Defendant, C. D., sues third-party defendant, E. F., and alleges:
1.
Plaintiff filed a complaint against defendant, C. D., a copy being
attached.
2.
(State the cause of action that C. D. has against E. F. for all or part
of what A. B. may recover from C. D. as in an original complaint.)
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280
WHEREFORE defendant C. D., demands judgment against the third-
party defendant, E. F., for all damages that are adjudged against defendant,
C.D., in favor of plaintiff
efendant, C. D., a copy being
attached.
2.
(State the cause of action that C. D. has against E. F. for all or part
of what A. B. may recover from C. D. as in an original complaint.)
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280
WHEREFORE defendant C. D., demands judgment against the third-
party defendant, E. F., for all damages that are adjudged against defendant,
C.D., in favor of plaintiff.
NOTE: A copy of the complaint from which the third-party complaint is
derived must be attached.
Committee Notes
1988 Amendment. The first sentence was changed to eliminate the words
“and third party plaintiff.”
FORM 1.949.
IMPLIED WARRANTY
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
Defendant manufactured a product known and described as
(describe product).
3.
Defendant warranted that the product was reasonably fit for its
intended use as (describe intended use).
4.
On .....(date)....., at .................. in .................. County, Florida, the
product (describe the occurrence and defect that resulted in injury) while being
used for its intended purpose, causing injuries to plaintiff who was then a user
of the product.
5.
As a result plaintiff was injured in and about his/her body and
extremities, suffered pain therefrom, incurred medical expense in the treatment
of the injuries, and suffered physical handicap, and his/her working ability
was impaired; the injuries are either permanent or continuing in their nature
and plaintiff will suffer the losses and impairment in the future.
WHEREFORE plaintiff demands judgment for damages against
defendant.
Committee Notes
1972 Amendment. This form is changed to require an allegation of the
defect in paragraph 4. Contentions were made in trial courts that the form as
presently authorized eliminated the substantive requirement that the plaintiff
prove a defect except under those circumstances when substantive law
eliminates the necessity of such proof
ff demands judgment for damages against
defendant.
Committee Notes
1972 Amendment. This form is changed to require an allegation of the
defect in paragraph 4. Contentions were made in trial courts that the form as
presently authorized eliminated the substantive requirement that the plaintiff
prove a defect except under those circumstances when substantive law
eliminates the necessity of such proof. Paragraph 4 is amended to show that no
substantive law change was intended.
April 1, 2026 Florida Rules of Civil Procedure
281
FORM 1.951.
FALL-DOWN NEGLIGENCE COMPLAINT
COMPLAINT
Plaintiff, A. B., sues defendant, C. D., and alleges:
1.
This is an action for damages that (insert jurisdictional amount).
2.
On .....(date)....., defendant was the owner and in possession of a
building at .................... in ...................., Florida, that was used as a (describe
use).
3.
At that time and place plaintiff went on the property to (state
purpose).
4.
Defendant negligently maintained (describe item) on the property
by (describe negligence or dangerous condition) so that plaintiff fell on the
property.
5.
The negligent condition was known to defendant or had existed for
a sufficient length of time so that defendant should have known of it.
6.
As a result plaintiff was injured in and about his/her body and
extremities, suffered pain therefrom, incurred medical expense in the treatment
of the injuries, and suffered physical handicap, and his/her working ability
was impaired; the injuries are either permanent or continuing in nature and
plaintiff will suffer the losses and impairment in the future.
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.960.
BOND. GENERAL FORM
(TYPE OF BOND)
WE, (plaintiff’s name), as principal and (surety’s name), as Surety, are
bound to (defendant’s name) in the sum of $.......... for the payment of which
we bind ourselves, our heirs, personal representatives, successors, and
assigns, jointly and severally
s and impairment in the future.
WHEREFORE plaintiff demands judgment for damages against
defendant.
FORM 1.960.
BOND. GENERAL FORM
(TYPE OF BOND)
WE, (plaintiff’s name), as principal and (surety’s name), as Surety, are
bound to (defendant’s name) in the sum of $.......... for the payment of which
we bind ourselves, our heirs, personal representatives, successors, and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if plaintiff shall (insert
condition), then this bond is void; otherwise it remains in force.
SIGNED AND SEALED on ................
As Principal
(surety’s name)
April 1, 2026 Florida Rules of Civil Procedure
282
By
As Attorney in Fact
As Surety
Approved on …..(date)…..
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
Committee Notes
1992 Amendment. The “Approved on [.....(date).....]” line is moved to a location
immediately above the clerk’s name.
FORM 1.961.
VARIOUS BOND CONDITIONS
The following conditions are to be inserted in the second paragraph of
form 1.960 in the blank provided for the condition of the bond. Other proper
conditions must be inserted for other types of bonds.
(a)
Attachment, Garnishment, and Distress.
. . . pay all costs and damages that defendant sustains in consequence of
plaintiff improperly suing out (type of writ) in this action . . .
NOTE: The condition of an attachment bond in aid of foreclosure when
the holder of the property is unknown is different from the foregoing condition.
See section 76.12, Florida Statutes.
(b)
Costs.
. . . pay all costs and charges that are adjudged against plaintiff in this
action . . .
ages that defendant sustains in consequence of
plaintiff improperly suing out (type of writ) in this action . . .
NOTE: The condition of an attachment bond in aid of foreclosure when
the holder of the property is unknown is different from the foregoing condition.
See section 76.12, Florida Statutes.
(b)
Costs.
. . . pay all costs and charges that are adjudged against plaintiff in this
action . . .
(c)
Replevin.
. . . prosecute this action to effect and without delay, and if defendant
recovers judgment against plaintiff in this action, plaintiff shall return the
property replevied if return of it is adjudged, and shall pay defendant all money
recovered against plaintiff by defendant in this action . . .
FORM 1.965.
DEFENSE. STATUTE OF LIMITATIONS
Each cause of action, claim, and item of damages did not accrue within
the time prescribed by law for them before this action was brought.
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283
FORM 1.966.
DEFENSE. PAYMENT
Before commencement of this action defendant discharged plaintiff’s
claim and each item of it by payment.
FORM 1.967.
DEFENSE. ACCORD AND SATISFACTION
On .....(date)....., defendant delivered to plaintiff and plaintiff accepted
from defendant (specify consideration) in full satisfaction of plaintiff’s claim.
FORM 1.968.
DEFENSE. FAILURE OF CONSIDERATION
The sole consideration for the execution and delivery of the promissory
note described in paragraph ………. of the complaint was plaintiff’s promise to
lend defendant $1,000; plaintiff failed to lend the sum to defendant.
NOTE: This form is for failure to complete the loan evidenced by a
promissory note. The contract, consideration, and default of the plaintiff must
be varied to meet the facts of each case.
FORM 1.969.
DEFENSE. STATUTE OF FRAUDS
The agreement alleged in the complaint was not in writing and signed by
defendant or by some other person authorized by defendant and was to answer
for the debt, default, or miscarriage of another person
to complete the loan evidenced by a
promissory note. The contract, consideration, and default of the plaintiff must
be varied to meet the facts of each case.
FORM 1.969.
DEFENSE. STATUTE OF FRAUDS
The agreement alleged in the complaint was not in writing and signed by
defendant or by some other person authorized by defendant and was to answer
for the debt, default, or miscarriage of another person.
NOTE: This form is for one of the cases covered by the Statute of Frauds.
It must be varied to meet the facts of other cases falling within the statute.
FORM 1.970.
DEFENSE. RELEASE
On .....(date)....., and after plaintiff’s claim in this action accrued, plaintiff
released defendant from it, a copy of the release being attached.
NOTE: This form is for the usual case of a written release. If the release
is not in writing, the last clause must be omitted and the word “orally” inserted
before “released.”
FORM 1.971.
DEFENSE. MOTOR VEHICLE CONTRIBUTORY
NEGLIGENCE
Plaintiff’s negligence contributed to the accident and his/her injury and
damages because he/she negligently operated or maintained the motor vehicle
in which he/she was riding so that it collided with defendant’s motor vehicle.
April 1, 2026 Florida Rules of Civil Procedure
284
FORM 1.972.
DEFENSE. ASSUMPTION OF RISK
Plaintiff knew of the existence of the danger complained of in the
complaint, realized and appreciated the possibility of injury as a result of the
danger, and, having a reasonable opportunity to avoid it, voluntarily exposed
himself/herself to the danger.
Committee Note
1980 Amendment. This form is amended to show the substantive changes
caused by the substitution of the doctrine of comparative negligence for
contributory negligence. The form is paraphrased from Standard Jury
Instruction 3.8.
FORM 1.975.
NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL
CHALLENGE IS BROUGHT
NOTICE OF COMPLIANCE WITH
SECTION 86.091, FLORIDA STATUTES
The undersigned hereby gives notice of compliance with Fla. R. Civ. P
amended to show the substantive changes
caused by the substitution of the doctrine of comparative negligence for
contributory negligence. The form is paraphrased from Standard Jury
Instruction 3.8.
FORM 1.975.
NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL
CHALLENGE IS BROUGHT
NOTICE OF COMPLIANCE WITH
SECTION 86.091, FLORIDA STATUTES
The undersigned hereby gives notice of compliance with Fla. R. Civ. P.
1.071, with respect to the constitutional challenge brought pursuant to
.....(Florida statute, charter, ordinance, or franchise challenged)...... The
undersigned complied by serving the .....(Attorney General for the state of
Florida or State Attorney for the ………. Judicial Circuit)...... with a copy of the
pleading or motion challenging .....(Florida statute, charter, ordinance, or
franchise challenged)....., by .....(certified or registered mail)..... on .....(date)......
.....(Name of Attorney).....
Attorney for .....(Name of Client)…..
.....Address.....
.....(Telephone number).....
.....(E-mail address(es)).....
Florida Bar No. ……….
Committee Notes
2010 Adoption. This form is to be used to provide notice of a
constitutional challenge as required by section 86.091, Florida Statutes. See
rule 1.071. This form is to be used when the Attorney General or the State
Attorney is not a named party to the action, but must be served solely in order
to comply with the notice requirements set forth in section 86.091.
April 1, 2026 Florida Rules of Civil Procedure
285
FORM 1.976.
STANDARD INTERROGATORIES
The forms of Florida standard interrogatories approved by the supreme
court shall be used in the actions to which they apply, subject to the
requirements of rule 1.340.
April 1, 2026 Florida Rules of Civil Procedure
286
FORM 1.977.
FACT INFORMATION SHEET
with the notice requirements set forth in section 86.091.
April 1, 2026 Florida Rules of Civil Procedure
285
FORM 1.976.
STANDARD INTERROGATORIES
The forms of Florida standard interrogatories approved by the supreme
court shall be used in the actions to which they apply, subject to the
requirements of rule 1.340.
April 1, 2026 Florida Rules of Civil Procedure
286
FORM 1.977.
FACT INFORMATION SHEET
(a)
For Individuals.
(CAPTION)
FACT INFORMATION SHEET
Full Legal Name:
Nicknames or Aliases:
Residence Address:
Mailing Address (if different):
Telephone Numbers: (Home)
(Business)
Name of Employer:
Address of Employer:
Position or Job Description:
Rate of Pay: $
per
Average Paycheck: $
per
Average Commissions or Bonuses: $
per
.
Commissions or bonuses are based on
Other Personal Income: $
from
(Explain details on the back of this sheet or an additional sheet if necessary.)
Social Security Number:
Birthdate:
Driver’s License Number:
Marital Status:
Spouse’s Name:
********
Spouse Related Portion
Spouse’s Address (if different):
Spouse’s Social Security Number:
Birthdate:
Spouse’s Employer:
Spouse’s Average Paycheck or Income: $
per
April 1, 2026 Florida Rules of Civil Procedure
287
Other Family Income: $
per
(Explain details on back of this
sheet or an additional sheet if necessary.)
Describe all other accounts or investments you may have, including stocks,
mutual funds, savings bonds, or annuities, on the back of this sheet or on an
additional sheet if necessary.
********
Names and Ages of All Your Children (and addresses if not living with you):
Child Support or Alimony Paid: $
per
Names of Others You Live With:
Who is Head of Your Household?
You
Spouse
Other Person
Checking Account at:
Account #
Savings Account at:
Account #
For Real Estate (land) You Own or Are Buying:
Address:
All Names on Title:
Mortgage Owed to:
Balance Owed:
Monthly Payment: $
(Attach a copy of the deed or mortgage, or list the legal description of the
property on the back of this sheet or an additional sheet if necessary
With:
Who is Head of Your Household?
You
Spouse
Other Person
Checking Account at:
Account #
Savings Account at:
Account #
For Real Estate (land) You Own or Are Buying:
Address:
All Names on Title:
Mortgage Owed to:
Balance Owed:
Monthly Payment: $
(Attach a copy of the deed or mortgage, or list the legal description of the
property on the back of this sheet or an additional sheet if necessary. Also
provide the same information on any other property you own or are buying.)
For All Motor Vehicles You Own or Are Buying:
Year/Make/Model:
Color:
Vehicle ID #:
Tag No:
Mileage:
Names on Title:
Present Value: $
Loan Owed to:
Balance on Loan: $
Monthly Payment: $
April 1, 2026 Florida Rules of Civil Procedure
288
(List all other automobiles, as well as other vehicles, such as boats,
motorcycles, bicycles, or aircraft, on the back of this sheet or an additional
sheet if necessary.)
Have you given, sold, loaned, or transferred any real or personal property worth
more than $100 to any person in the last year? If your answer is “yes,” describe
the property, market value, and sale price, and give the name and address of
the person who received the property.
Does anyone owe you money? Amount Owed: $
Name and Address of Person Owing Money:
Reason money is owed:
Please attach copies of the following:
a.
Your last pay stub.
b.
Your last 3 statements for each bank, savings, credit union, or other
financial account.
c.
Your motor vehicle registrations and titles.
d.
Any deeds or titles to any real or personal property you own or are
buying, or leases to property you are renting.
e.
Your financial statements, loan applications, or lists of assets and
liabilities submitted to any person or entity within the last 3 years.
f.
Your last 2 income tax returns filed.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING
ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor
STATE OF FLORIDA
COUNTY OF ………
onal property you own or are
buying, or leases to property you are renting.
e.
Your financial statements, loan applications, or lists of assets and
liabilities submitted to any person or entity within the last 3 years.
f.
Your last 2 income tax returns filed.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING
ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor
STATE OF FLORIDA
COUNTY OF ……….
Sworn to (or affirmed) and subscribed before me this ________ day of ______
(year) by (name of person making statement)
Notary Public State of Florida
My Commission expires: ……….
April 1, 2026 Florida Rules of Civil Procedure
289
Personally known ________ OR Produced Identification _______
Type of identification produced ___________________________
YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL
ATTACHMENTS, TO THE JUDGMENT CREDITOR OR THE JUDGMENT
CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE
CLERK OF COURT.
(b)
For Corporations and Other Business Entities.
(CAPTION)
FACT INFORMATION SHEET
Name of entity:
Name and title of person filling out this form:
Telephone number:
Place of business:
Mailing address (if different):
Gross/taxable income reported for federal income tax purposes last three
years:
$
/$
$
/$
$
/$
Taxpayer identification number:
Is this entity an S corporation for federal income tax purposes?
Yes
No
Average number of employees per month
Name of each shareholder, member, or partner owning 5% or more of the
entity’s common stock, preferred stock, or other equity interest:
Names of officers, directors, members, or partners:
Checking account at:
Account #
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290
Savings account at:
Account #
Does the entity own any vehicles?
Yes
No
For each vehicle please state:
Year/Make/Model:
Color:
Vehicle ID No:
Tag No:
Mileage:
Names on Title:
Present Value: $
Loan Owed to:
Balance on Loan: $
Monthly Payment: $
Does the entity own any real property?
Yes
No
If yes, please state the address(es):
Please check if the entity owns the following
Boat
ocedure
290
Savings account at:
Account #
Does the entity own any vehicles?
Yes
No
For each vehicle please state:
Year/Make/Model:
Color:
Vehicle ID No:
Tag No:
Mileage:
Names on Title:
Present Value: $
Loan Owed to:
Balance on Loan: $
Monthly Payment: $
Does the entity own any real property?
Yes
No
If yes, please state the address(es):
Please check if the entity owns the following
Boat
Camper
Stocks/bonds
Other real property
Other personal property
Please attach copies of the following:
1.
Copies of state and federal income tax returns for the past 3 years.
2.
All bank, savings and loan, and other account books and statements for
accounts in institutions in which the entity had any legal or equitable interest
for the past 3 years.
3.
All canceled checks for the 12 months immediately preceding the service
date of this Fact Information Sheet for accounts in which the entity held any
legal or equitable interest.
4.
All deeds, leases, mortgages, or other written instruments evidencing any
interest in or ownership of real property at any time within the 12 months
immediately preceding the date this lawsuit was filed.
April 1, 2026 Florida Rules of Civil Procedure
291
5.
Bills of sale or other written evidence of the gift, sale, purchase, or other
transfer of any personal or real property to or from the entity within the 12
months immediately preceding the date this lawsuit was filed.
6.
Motor vehicle or vessel documents, including titles and registrations
relating to any motor vehicles or vessels owned by the entity alone or with
others.
7.
Financial statements as to the entity’s assets, liabilities, and owner’s
equity prepared within the 12 months immediately preceding the service date
of this Fact Information Sheet.
8.
Minutes of all meetings of the entity’s members, partners, shareholders,
or board of directors held within 2 years of the service date of this Fact
Information Sheet.
9
ls owned by the entity alone or with
others.
7.
Financial statements as to the entity’s assets, liabilities, and owner’s
equity prepared within the 12 months immediately preceding the service date
of this Fact Information Sheet.
8.
Minutes of all meetings of the entity’s members, partners, shareholders,
or board of directors held within 2 years of the service date of this Fact
Information Sheet.
9.
Resolutions of the entity’s members, partners, shareholders, or board of
directors passed within 2 years of the service date of this Fact Information
Sheet.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING
ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor’s Designated
Representative/Title
STATE OF FLORIDA
COUNTY OF ……….
Sworn to (or affirmed) and subscribed before me this _____ day of ____________
(year) by (name of person making statement).
Personally known ____ OR Produced identification __________
Type of identification produced __________________________
YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL
ATTACHMENTS, TO THE PLAINTIFF’S JUDGMENT CREDITOR OR THE
PLAINTIFF’S JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE
THIS FORM WITH THE CLERK OF THE COURT.
Committee Notes
2000 Adoption. This form is added to comply with amendments to rule
1.560.
April 1, 2026 Florida Rules of Civil Procedure
292
2013 Amendment. This amendment clarifies that the judgment debtor
should mail or deliver the Fact Information Sheet only to the judgment creditor
or the judgment creditor’s attorney, and should not file the Fact Information
Sheet with the clerk of the court.
FORM 1.980.
DEFAULT
MOTION FOR DEFAULT
Plaintiff moves for entry of a default by the clerk against defendant
………. for failure to serve any document on the undersigned or file any
document as required by law.
Attorney for Plaintiff
DEFAULT
A default is entered in this action against the defendant named in the
foregoing motion for failure to serve or file any document as required by law.
Dated on ………
ORM 1.980.
DEFAULT
MOTION FOR DEFAULT
Plaintiff moves for entry of a default by the clerk against defendant
………. for failure to serve any document on the undersigned or file any
document as required by law.
Attorney for Plaintiff
DEFAULT
A default is entered in this action against the defendant named in the
foregoing motion for failure to serve or file any document as required by law.
Dated on ……….
(Name of Clerk)
As Clerk of the Court
By
As Deputy Clerk
FORM 1.981.
SATISFACTION OF JUDGMENT
SATISFACTION OF JUDGMENT
The undersigned, owner and holder of a final judgment rendered in the
above-captioned civil action, dated .........., recorded in .................... County,
Official Records Book ..... beginning at Page ....., acknowledges that all sums
due under it have been fully paid and that final judgment is hereby canceled
and satisfied of record.
Dated on .....................
Judgment Owner and Holder (or their attorney)
STATE OF FLORIDA
COUNTY OF _______
April 1, 2026 Florida Rules of Civil Procedure
293
The foregoing instrument was acknowledged before me this _____ day of
___________, 20___, by (name of person acknowledging).
(NOTARY SEAL)
(Signature of Notary Public-State of
Florida)
(Name of Notary Typed, Printed, or
Stamped)
Personally Known _________ OR Produced Identification ______
Type of Identification Produced ___________________________
Committee Notes
2003 Amendment. This satisfaction of judgment is a general form. It is
a new form. To ensure identity of the signer, notarization is prudent but not
required. If a certified copy of the judgment is recorded, it may be prudent to
include that recording information.
2013 Amendment. This form has been changed to remove unnecessary
language and to include the acknowledgment required by sections 695.03 and
701.04, Florida Statutes.
FORM 1.982.
CONTEMPT NOTICE
MOTION AND NOTICE OF HEARING
TO: (name of attorney for party, or party if not represented)
YOU ARE NOTIFIED that plaintiff will apply to the Honorable ………
y be prudent to
include that recording information.
2013 Amendment. This form has been changed to remove unnecessary
language and to include the acknowledgment required by sections 695.03 and
701.04, Florida Statutes.
FORM 1.982.
CONTEMPT NOTICE
MOTION AND NOTICE OF HEARING
TO: (name of attorney for party, or party if not represented)
YOU ARE NOTIFIED that plaintiff will apply to the Honorable ………. ,
Circuit Judge, on .....(date)....., at ......m., in the ……….. County Courthouse at
………., Florida, for an order adjudging (defendant’s name) in contempt of court
for violation of the terms of the order or judgment entered by this court on
.....(date)....., by failing to ..............., and I certify that a copy hereof has been
furnished to …….... by mail on .....(date)......
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost to you,
to the provision of certain assistance. Please contact [identify applicable
court personnel by name, address, and telephone number] at least 7 days
before your scheduled court appearance, or immediately upon receiving
this notification if the time before your scheduled appearance is less than
7 days; if you are hearing or voice impaired, call 711.
NOTE: The particular violation must be inserted in the motion and notice. A
separate motion is unnecessary.
April 1, 2026 Florida Rules of Civil Procedure
294
Committee Note
2013 Amendment. The notice to persons with disabilities was amended to
make the procedure for obtaining accommodation consistent with the
procedure required in court proceedings.
FORM 1.983.
PROSPECTIVE JUROR QUESTIONNAIRE
DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS:
Before you file a copy of this form, redact the month and date of the
prospective juror’s birth in question #3, but retain the year of birth.
Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2)
QUESTIONNAIRE FOR PROSPECTIVE JURORS
1
obtaining accommodation consistent with the
procedure required in court proceedings.
FORM 1.983.
PROSPECTIVE JUROR QUESTIONNAIRE
DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS:
Before you file a copy of this form, redact the month and date of the
prospective juror’s birth in question #3, but retain the year of birth.
Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2)
QUESTIONNAIRE FOR PROSPECTIVE JURORS
1.
Name: (print)
........……………………...............................................................................
(first)
(middle)
(last)
2.
Residence address:
…………….......................................................................................
(street and number)
.......................................................................................................
(city)
(zip)
3.
Date of birth:
.............…................................................................................................
Sex: .................................... Occupation: .....................................
4.
Do you understand the English language?
........................................ .........................................
(yes)
(no)
5.
Do you read and write the English language?
...................................... .......................................
(yes)
(no)
6.
Have you ever been convicted of a crime and not restored to your
civil rights?
................................... ......................................
April 1, 2026 Florida Rules of Civil Procedure
295
(yes)
(no)
If “yes,” state the nature of crime(s), the date of the conviction(s), and the
name of the court in which you were convicted:
……………………………………………………………………………………….........
.……………………………………………………………………………….................
7.
Are there any criminal charges pending against you of which you
are aware?
.................................. .......................................
(yes)
(no)
If “yes,” state the nature of the charge and the name of the court (s) in
which the case(s) is pending:
……………………………………………………………………………….................
…………………………………………………………………….........
.……………………………………………………………………………….................
7.
Are there any criminal charges pending against you of which you
are aware?
.................................. .......................................
(yes)
(no)
If “yes,” state the nature of the charge and the name of the court (s) in
which the case(s) is pending:
………………………………………………………………………………..................
.……………………………………………………………………………….................
8.
FULL TIME LAW ENFORCEMENT OFFICERS AND LAW
ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b),
Florida Statutes, provides that “[a]ny full-time federal state, or local law
enforcement officer or such entities’ investigative personnel shall be excused
from jury service unless such persons choose to serve.” Do you choose to
serve?
............................... ......................................
(yes)
(no)
9.
List any official executive office you now hold with the federal,
state, or ………. county government:
..................………………………………………………………………………………
..................………………………………………………………………………………
10.
Is your hearing good? ...................... ........................
(yes)
(no)
Is your eyesight good? ................... ..........................
(yes)
(no)
(The court may require a medical certificate.)
April 1, 2026 Florida Rules of Civil Procedure
296
11.
Do you have any physical or mental disability (mental illness,
intellectual disability, senility, or other physical or mental incapacity) that
would interfere with your service as a juror?
.....................................
...........................................
(yes)
(no)
If “yes,” state the nature:
.…………………………………………...................................……..................
(The court may require a written statement from a physician.)
12.
Do you know of any reason (s) why you cannot serve as a juror?
............................... ......................................
(yes)
(no)
If “yes,” state the reason (s):
……………………………………………………………………………….................
es)
(no)
If “yes,” state the nature:
.…………………………………………...................................……..................
(The court may require a written statement from a physician.)
12.
Do you know of any reason (s) why you cannot serve as a juror?
............................... ......................................
(yes)
(no)
If “yes,” state the reason (s):
………………………………………………………………………………..................
………………………………………………………………………………..................
13.
EXPECTANT MOTHERS AND PARENTS ONLY: Section 40.013(4),
Florida Statutes, provides that “[a]ny expectant mother and parent who is not
employed full time and who has custody of a child under 6 years of age, upon
request, shall be excused from jury service.” Do you want to be excused under
this provision?
............................... ......................................
(yes)
(no)
If “yes,” what are the ages of your children?
................................................................................................................
14.
NEW MOTHERS ONLY: Section 40.013(12), Florida Statutes,
provides that “[a] woman who has given birth within the 6 months before the
reporting date on a summons for jury service shall be excused upon request.”
Do you want to be excused under this provision?
............................... ......................................
(yes)
(no)
15.
CAREGIVER: Section 40.013(10), Florida Statutes, provides that
“[a]ny person who is responsible for the care of a person who, because of
mental illness, intellectual disability, senility, or other physical or mental
April 1, 2026 Florida Rules of Civil Procedure
297
incapacity, is incapable of caring for himself or herself shall be excused from
jury service upon request.” Do you want to be excused under this provision?
............................... ......................................
(yes)
(no)
If “yes,” state the reason(s):
................................................................................................................
16
l Procedure
297
incapacity, is incapable of caring for himself or herself shall be excused from
jury service upon request.” Do you want to be excused under this provision?
............................... ......................................
(yes)
(no)
If “yes,” state the reason(s):
................................................................................................................
16.
FULL-TIME STUDENTS: Section 40.013(11), Florida Statutes,
provides that “[u]pon request, a full-time student between 18 and 21 years of
age, inclusive, who is attending high school or any state university, private
postsecondary educational institution, Florida College System institution, or
career center shall be excused from that specific summons for jury service.” Do
you want to request to be excused under this provision?
............................... ......................................
(yes)
(no)
If “yes,” what is the name of your school?
................................................................................................................
Signature
This is not a summons for jury duty. If your name is later drawn for jury
service, you will be summoned by clerk of court by mail.
NOTE: This form does not use a caption as shown in form 1.901. It may
be headed with the designation of the jury authority charged by law with the
selection of prospective jurors.
FORM 1.984.
JUROR VOIR DIRE QUESTIONNAIRE
JURY QUESTIONNAIRE
Instructions to Jurors
You have been selected as a prospective juror. It will aid the court and
help shorten the trial of cases if you will answer the questions on this form and
return it in the enclosed self-addressed stamped envelope within the next 2
days. Please complete the form in blue or black ink and write as dark and
legibly as you can.
1.
Name (print)
(first)
(middle)
(last)
April 1, 2026 Florida Rules of Civil Procedure
298
2.
Residence address
3.
Years of residence: In Florida
In this county
4.
Former residence
5.
Marital status: (married, single, divorced, widow, or widower)
6
nclosed self-addressed stamped envelope within the next 2
days. Please complete the form in blue or black ink and write as dark and
legibly as you can.
1.
Name (print)
(first)
(middle)
(last)
April 1, 2026 Florida Rules of Civil Procedure
298
2.
Residence address
3.
Years of residence: In Florida
In this county
4.
Former residence
5.
Marital status: (married, single, divorced, widow, or widower)
6.
State the highest level of education you completed
Less than high school
Some college
High school
Associate degree
Vocational/Technical school
College degree
Post graduate degree
7.
Your occupation and employer
8.
If you are not now employed, give your last occupation and
employer
9.
If married, name and occupation of husband or wife
10.
Have you served as a juror before?
11.
Have you or any member of your immediate family been a party to
any lawsuit?
If so, when and in what court?
12.
Are you either a close friend of or related to any law enforcement
officer?
13.
Has a claim for personal injuries ever been made against you or
any member of your family?
14.
Have you or any member of your family ever made any claim for
personal injuries?
Juror’s Signature
April 1, 2026 Florida Rules of Civil Procedure
299
NOTE: This form does not have a caption as shown in form 1.901, but
should be headed with the name of the court summoning the juror.
FORM 1.986.
VERDICTS
In all civil actions tried by a jury, the parties should refer to the model
verdict forms contained in the Florida Standard Jury Instructions in Civil
Cases, as applicable.
FORM 1.988.
JUDGMENT AFTER DEFAULT
6 Florida Rules of Civil Procedure
299
NOTE: This form does not have a caption as shown in form 1.901, but
should be headed with the name of the court summoning the juror.
FORM 1.986.
VERDICTS
In all civil actions tried by a jury, the parties should refer to the model
verdict forms contained in the Florida Standard Jury Instructions in Civil
Cases, as applicable.
FORM 1.988.
JUDGMENT AFTER DEFAULT
(a)
General Form. This form is the general form for a judgment after
default, not including recovery for prejudgment interest and attorneys’ fees:
FINAL JUDGMENT
This action was heard after entry of default against defendant and
IT IS ADJUDGED that plaintiff, .....(name and address)....., recover from
defendant, .....(name and address, and last 4 digits of social security number if
known)....., the sum of $.......... with costs in the sum of $.........., that shall
bear interest at the rate of .....% a year, for which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
(b)
Form with Interest and Fees. This form is for judgment after
default including prejudgment interest and attorneys’ fees recovered:
FINAL JUDGMENT
This action was heard after entry of default against defendant and
IT IS ADJUDGED that plaintiff, .....(name and address)....., recover from
defendant, .....(name and address, and last 4 digits of social security number if
known)....., the sum of $.......... on principal, $.......... for attorneys’ fees with
costs in the sum of $.........., and pre-judgment interest in the sum of $..........,
making a total of $.......... that shall bear interest at the rate of .....% a year, for
which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
April 1, 2026 Florida Rules of Civil Procedure
300
NOTE: The address of the person who claims a lien as a result of the
judgment must be included in the judgment in order for the judgment to
become a lien on real estate when a certified copy of the judgment is recorded
at the rate of .....% a year, for
which let execution issue.
ORDERED at ...................., Florida, on .....(date)......
Judge
April 1, 2026 Florida Rules of Civil Procedure
300
NOTE: The address of the person who claims a lien as a result of the
judgment must be included in the judgment in order for the judgment to
become a lien on real estate when a certified copy of the judgment is recorded.
Alternatively, an affidavit with this information may be simultaneously
recorded. For the specific requirements, see section 55.10(1), Florida Statutes;
Hott Interiors, Inc. v. Fostock, 721 So. 2d 1236 (Fla. 4th DCA 1998). The
address and social security number (if known) of each person against whom
the judgment is rendered must be included in the judgment, pursuant to
section 55.01(2), Florida Statutes. However, for privacy reasons, only the last 4
digits of the social security number should be sh
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