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Commonly Asked Questions about Florida Civil Procedure Forms

This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment.
Most of the time, a person requesting a default will have to wait the mandatory 30 days. If the other spouse does not file a Response, the court will only review the terms requested by the petitioner. If all paperwork is in order, the judge will enter a default.
The clerk default is simple. If you were sued and you failed to file or serve any document in response, the courts clerk may enter a default. A judges default occurs when a filed paper is deemed insufficient or inappropriate ing to the Florida Rules of Civil Procedure, the Florida Statutes, or a court order.
Rule 1.500 - DEFAULTS AND FINAL JUDGMENTS THEREON (a) By the Clerk. When a party against whom affirmative relief is sought has failed to file or serve any document in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such document.
Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case. To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).
Florida Rule of Civil Procedure 1.470(b) provides that instructions may be given during the trial and either before or after final argument. The timing of instructions is a matter within the sound discretion of the trial judge.
Rule 1.500 - DEFAULTS AND FINAL JUDGMENTS THEREON (a) By the Clerk. When a party against whom affirmative relief is sought has failed to file or serve any document in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such document. (b) By the Court.
A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim, must state a cause of action and shall contain (1) a short and plain statement of the grounds upon which the courts jurisdiction depends, unless the court already has jurisdiction and the claim