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Motion Practice Toolkit (FL)
Practical Law Toolkit w-002-6621 (Approx. 7 pages)
Resources to assist counsel when making a motion in a Florida circuit court civil case. Specifically, this Toolkit offers resources with guidance on pre-motion considerations, drafting and formatting motion practice documents such as motions and notices of hearing, and serving and filing motions. The resources in this Toolkit also address post-decision issues, such as preparing for and attending oral argument, drafting and submitting proposed orders, moving for rehearing, and taking an appeal.
A motion is an application to the court for an order. In Florida, attorneys request nearly all relief from the court using written motions. Parties may use motions to:
- Address preliminary procedural issues and resolve non-dispositive matters, such as discovery disputes.
- Obtain provisional remedies, such as a temporary injunction.
- Dispose of a case entirely or in part, such as with a motion to dismiss or a motion for summary judgment.
This Toolkit offers resources to guide attorneys on making a motion in Florida civil court. The resources explain:
- The preliminary considerations before making a motion.
- How to format and draft the motion and accompanying documents, including the notice of hearing and proposed order.
- How to electronically file and serve motion papers.
- Preparing for and attending oral argument on the motion.
- What steps to take after obtaining a ruling on the motion.