(a)Motions in General. An application to the court for an order must be made by motion which must be in writing unless made during a hearing; must be signed by the party making the motion or by the party's attorney; must state with particularity the grounds therefor; and must set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion or in a written report to the court for a scheduled hearing provided the notice or report are served on the parties as required by law.(b)Motion to Dismiss. Any party may file a motion to dismiss any petition, allegation in the petition, or other pleading, setting forth the grounds on which the motion is based. If a motion to dismiss the petition is granted when a child is being sheltered under an order, the child may be continued in shelter under previous order of the court upon the representation that a new or amended petition will be filed.(c)Sworn Motion to Dismiss. Before the adjudicatory hearing the court may entertain a motion to dismiss the petition or allegations in the petition on the ground that there are no material disputed facts and the undisputed facts do not establish a prima facie case of dependency. The facts on which such motion is based must be specifically alleged and the motion sworn to by the party. The motion must be filed a reasonable time before the date of the adjudicatory hearing. The opposing parties may traverse or demur to this motion. Factual matters alleged in the motion must be deemed admitted unless specifically denied by an opposing party in a written traverse or demurrer. The motion must be denied if an opposing party files a written traverse that with specificity denies under oath the material fact or facts alleged in the motion to dismiss. The traverse or demurrer must be filed a reasonable period of time before the hearing on the motion to dismiss.(d)Motion to Sever. A motion may be made for a severance of 2 or more counts of a multi-count petition, or for the severance of the cases of 2 or more children alleged to be dependent in the same petition. The court may grant motions for severance of jointly-brought cases for good cause shown.Amended effective 7/1/2023; amended by 46 Fla. L. Weekly S301, effective 1/1/2022; amended by 26 So.3d 552, effective 1/1/2010; amended by 783 So.2d 138, effective 1/1/2001; amended by 753 So.2d 1214, effective 7/1/1999; amended by 608 So.2d 478, effective 1/1/1993; amended by 589 So.2d 818, effective 7/1/1991; added by 549 So.2d 663, effective 10/1/1989; amended by 462 So.2d 399, effective 1/1/1985; amended by 393 So.2d 1077, effective 1/1/1981.Committee Notes
1992 Amendment. This rule allows any party to move for dismissal based on the grounds that there are no material facts in dispute and that these facts are not legally sufficient to prove dependency.