Opinion
No. 37079.
June 19, 1968.
Case of original jurisdiction — Petition of The Florida Bar.
William P. Simmons, Jr., as President, and Henry P. Trawick, Jr., as Chairman, Florida Court Rules Committee.
The following forms containing appropriate notations and explanations are hereby approved. This order and these forms shall become effective midnight, September 30, 1968.
CALDWELL, C.J., and THOMAS, ROBERTS, DREW, THORNAL, ERVIN and ADAMS, JJ., concur. 49.08 49.08 Attachment, Garnishment and Distress 76.12 Costs Replevin
RULE 1.900 FORMS (a) The following forms of process, notice of lis pendens and notice of action are sufficient. Variations from the forms do not void process or notices that are otherwise sufficient. (b) The other forms are sufficient for the matters that are covered by them. So long as the substance is expressed without prolixity, the forms may be varied to meet the facts of a particular case. (c) Captions, except for the designation of the paper, are omitted from the forms. A general form of caption is the first form. Signatures are omitted from pleadings and motions. FORM 1.901 CAPTION. Name of Court A.B., | Plaintiff, | | -vs- No. ____ | C.D., | Defendant. | DESIGNATION OF PLEADING FORM 1.902 SUMMONS. SUMMONS THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to serve this summons and a copy of the complaint or petition in this action on defendant ____________________. Each defendant is required to serve written defenses to the complaint or petition on ______________________, plaintiff's attorney, whose address is ____________________, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By __________________________________ As Deputy Clerk FORM 1.903 CROSS-CLAIM SUMMONS. CROSS-CLAIM SUMMONS THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to serve this summons and a copy of the cross-claim in this action on defendant ____________________________. Each cross-claim defendant is required to serve written defenses to the cross-claim on _____________________, defendant's attorney, whose address is __________________, and on ____________________, plaintiff's attorney, whose address is __________________, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a cross-claim defendant fails to do so, a default will be entered against that defendant for the relief demanded in the cross-claim. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.904. THIRD PARTY SUMMONS. THIRD PARTY SUMMONS THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to serve this summons and a copy of the third party complaint or petition in this action on third party defendant, ___________________________________________________________________________. Each third party defendant is required to serve written defenses to the third party complaint or petition on _______________________, plaintiff's attorney, whose address is __________________, and on ___________________, defendant's attorney, whose address is ____________________, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on the attorneys or immediately thereafter. If a third party defendant fails to do so, a default will be entered against that defendant for the relief demanded in the third party complaint or petition. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.905 ATTACHMENT. WRIT OF ATTACHMENT AND SUMMONS THE STATE OF FLORIDA: To all and Singular the Sheriffs of the State: YOU ARE COMMANDED to attach and take into custody so much of the lands, tenements, goods and chattels of defendant _________________________ as is sufficient to satisfy the sum of $ ______________ and costs and to serve this summons and a copy of the complaint in this action on defendant _________________. Each defendant is required to serve written defenses to the complaint on _________________, plaintiff's attorney, whose address is _________________, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.906 ATTACHMENT — FORECLOSURE. WRIT OF ATTACHMENT AND SUMMONS THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to take and hold the following described property: ____________________________________________________________________________ ____________________________________________________________________________ or so much of it as can be found sufficient to satisfy the debt to be foreclosed, and to serve this summons and a copy of the complaint in this action on defendant ________________________________________________________ ___________________________________________________________________________. Each defendant is required to serve written defenses to the complaint on __________________, plaintiff's attorney, whose address is ________________, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.907 GARNISHMENT. WRIT OF GARNISHMENT THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to summon garnishee, _______________________, to serve an answer to this writ on ___________________, plaintiff's attorney, whose address is ____________________, within 20 days after service on the garnishee, exclusive of the day of service, and to file the original with the clerk of this court either before service on the attorney or immediately thereafter, stating whether the garnishee is indebted to defendant, ________________, at the time of the answer or was indebted at the time of service of the writ, or at any time between such times, and in what sum and what tangible and intangible personal property of the defendant the garnishee has in his possession or control at the time of the answer or had at the time of service of this writ, or at any time between such times, and whether the garnishee knows of any other person indebted to the defendant or who may have any of the property of the defendant in his possession or control. The amount set in plaintiff's motion is $ ______________. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.908 REPLEVIN. WRIT OF REPLEVIN AND SUMMONS THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to replevy the goods and chattels in possession of defendant, ________________, described as follows: _________________________ ____________________________________________________________________________ and to serve this summons and a copy of the complaint in this action on defendant ___________________. Each defendant is required to serve written defenses to the complaint on ________________, plaintiff's attorney, whose address is __________________, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.909 DISTRESS. DISTRESS WRIT THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to levy on the property of defendant __________________, his sub-tenants and assigns, liable to be distrained for rent and to collect the amount claimed in the complaint in the sum of $ ____________ with interest and costs, or the value of it, and to serve this summons and a copy of the complaint on the defendant. Each defendant is required to serve written defenses to the complaint on ________________, plaintiff's attorney, whose address is _______________, within 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.910 SUBPOENA FOR TRIAL. SUBPOENA THE STATE OF FLORIDA: TO: YOU ARE COMMANDED to appear before The Honorable _________________, Judge of the Court, at the ________________ County Courthouse in ________________, Florida, on ________________, 19__, at ____ 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 attorneys and unless excused from this subpoena by these attorneys or the court, you shall respond to this subpoena as directed. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk ____________________________ Attorney for _______________ ____________________________ Address FORM 1.911. SUBPOENA DUCES TECUM FOR TRIAL. 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 ________________, 19__, at ____ M., to testify 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 attorneys and unless excused from this subpoena by these attorneys or the court, you shall respond to this subpoena as directed. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk ____________________________ Attorney for _______________ ____________________________ Address FORM 1.912 SUBPOENA FOR DEPOSITION. SUBPOENA FOR DEPOSITION THE STATE OF FLORIDA: TO: YOU ARE COMMANDED to appear before a person authorized by law to take depositions at the _________________ County Courthouse in _________________, Florida, on ______________, 19__, at ____ 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 attorneys and unless excused from this subpoena by these attorneys or the court, you shall respond to this subpoena as directed. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of the Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk ____________________________ Attorney for _______________ ____________________________ Address FORM 1.913. SUBPOENA DUCES TECUM FOR DEPOSITION 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 the _________________ County Courthouse in _________________, Florida, on ________________, 19__, at ____ 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 attorneys and unless excused from this subpoena by these attorneys or the court, you shall respond to this subpoena as directed. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk ____________________________ Attorney for _______________ ____________________________ Address FORM 1.914. EXECUTION. EXECUTION THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to levy on the goods and chattels, lands and tenements of _______________ in the sum of $ _________ with legal interest thereon from ______________, 19__, until paid and to have this writ before the court when satisfied. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.915 WRIT OF POSSESSION. WRIT OF POSSESSION THE STATE OF FLORIDA: To the Sheriff of ___________________ County: YOU ARE COMMANDED to remove all persons from the following described property in _______________ County, Florida: and to put _______________ in possession of it. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.916 WRIT OF ASSISTANCE. WRIT OF ASSISTANCE THE STATE OF FLORIDA: To the Sheriff of ________________ County: YOU ARE COMMANDED to enter on the following described property in _________________ County: and eject ______________ and his agents and servants from the property and to put ______________ in immediate, exclusive and peaceable possession of it. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk FORM 1.917. NE EXEAT. WRIT OF NE EXEAT THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to request defendant ____________________ to give bond in the sum of $ ________ payable to the Governor of Florida and his successors in office conditioned that 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 and pay any judgment hereafter entered in this action, with sureties to be approved by the clerk of this court, and if defendant refuses to give the bond, you are commanded to arrest him and confine him in the ___________________ County jail until he gives the bond or until the further order of this court. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of Clerk) As Clerk of the Court By _______________________________________ As Deputy Clerk NOTE: The court may eliminate the requirement that the bond be to "pay any judgment hereafter entered in this action". An order for the writ must be obtained from the court. FORM 1.918. LIS PENDENS. NOTICE OF LIS PENDENS TO DEFENDANT, _________________, AND ALL OTHERS WHOM IT MAY CONCERN: YOU ARE NOTIFIED of the institution of this action by plaintiff against you seeking ("to foreclose a mortgage on" or "to partition" or "to quiet title to" or "a divorce and relief concerning" or other type of action) the following property in __________________ County, Florida: (legal description of property) ____________________________________ (Attorney's signature) FORM 1.919 NOTICE OF ACTION CONSTRUCTIVE SERVICE NO PROPERTY. NOTICE OF ACTION TO: YOU ARE NOTIFIED that an action for ("divorce" or "construction of will" or "reestablishment 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 ________________, plaintiff's attorney, whose address is ___________________, on or before ___________________, 19__, and file the original with the clerk of this court either before service on plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition. WITNESS my hand and the seal of this Court on ___________________________, 19__. (Name of the 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 (1) Florida Statutes, F.S.A. 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 ______________, plaintiff's attorney, whose address is _______________ on or before _____________, 19__, and file the original with the clerk of this court either before service on plaintiff's attorney or immediately thereafter; otherwise a default will be entered against you for the relief demanded in the complaint or petition. WITNESS my hand and the seal of this Court on ___________________________, 19__. (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 (1) Florida Statutes, F.S.A. FORM 1.931. JURISDICTIONAL STATEMENT _____ LAW ACTIONS FOR DAMAGES This is an action for damages that (a) do not exceed $ _____________________________________. (b) exceed $ ____________________________________________. (c) exceed $ _________________________________________ but do not exceed $ _____________________________________. 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 ________________, 19__, 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 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 and on ___________________, 19__, they agreed to the resulting balance. 3. Plaintiff rendered a statement of it to defendant, a copy being attached, and defendant did not object to the statement. 4. Defendant owes plaintiff $ ________ that is due with interest since ______________, 19__, on the 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 1.934. 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 ____________________, 19__, defendant executed and delivered a promissory note, a copy being attached, to plaintiff in ____________________ County, Florida. 3. Defendant failed to pay (a) the note when due. (b) the installment payment due on the note on ________________________, 19__, and plaintiff elected to accelerate payment of the balance. 4. Defendant owes plaintiff $ ________ that is due with interest since _________________, 19__, on the note. 5. Plaintiff is obligated to pay his 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 3(a) or (b) as applicable. 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 ________________, 19__, for the following goods sold and delivered by plaintiff to defendant between ______________, 19__, and __________, 19__: (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: 1. This is an action for damages that (insert jurisdictional amount). 2. Defendant owes plaintiff $ ________ that is due with interest since ________________, 19__, for money lent by plaintiff to defendant on ________________, 19__. 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, of the value of $ ________. 2. Plaintiff is lawfully entitled to possession of the following personal property: (list property) 3. The property has not been taken for any tax, assessment or fine levied under any law of this state nor seized under any execution or attachment against the goods and chattels of plaintiff liable to execution. 4. Defendant has possession of and detains the property from plaintiff in ___________________ County, Florida. WHEREFORE plaintiff demands judgment for possession of the property and damages against defendant. NOTE: No documents have to be attached unless plaintiff seeks relief based on them, such as attorneys' fees. FORM 1.938. FORCIBLE ENTRY AND DETENTION. COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1. This is an action to recover possession of real property unlawfully (forcibly) detained in ___________________ County, Florida. 2. Plaintiff is entitled to possession of the following real property in said county: (insert description of property) 3. Defendant has unlawfully (forcibly) turned plaintiff out of and withholds possession of the property from plaintiff. WHEREFORE plaintiff demands judgment for possession of the property and damages against defendant. NOTE: Substitute "forcibly" for "unlawfully" or add it as an alternative when applicable. 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 ___________________, 19__, defendant converted to his 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: 1. This is an action to recover real property in ____________________ County, Florida. 2. Defendant is in possession of the following real property in said 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 him 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. 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 ____________________, 19__, 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 but defendant refused to accept the tender or to make the conveyance. 4. Plaintiff offers to pay the purchase price. WHEREFORE plaintiff demands judgment that defendant be required to specifically perform the contract and for damages. NOTE: A copy of the sales contract must be attached. 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 ___________________, 19__, 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 him. 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; defendant owes plaintiff $ ________ that is due with interest from ___________________, 19__, 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 this form and must be added when proper. FORM 1.943. DIVORCE COMPLAINT Plaintiff, A.B., sues defendant, C.D., and alleges: 1. This is an action for divorce. 2. Plaintiff has been a resident of Florida for more than six months next before filing this complaint. 3. Plaintiff and defendant were married to each other on _____________, 19__, at (place of marriage) and cohabited as husband and wife until _________________, 19__. 4. Defendant has been guilty of (extreme cruelty to plaintiff, habitual indulgence in a violent and ungovernable temper, habitual intemperance or willful, obstinate and continued desertion of plaintiff for one year or adultery or other appropriate ground of divorce). WHEREFORE plaintiff demands a divorce from defendant. NOTE: Allegations about joint property, alimony, custody, attorney's fees and temporary relief are omitted from this form and must be added when proper. A statement of the grounds for divorce in statutory language is sufficient. FORM 1.944. MORTGAGE FORECLOSURE. 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 _______________, 19__, defendant executed and delivered a promissory note and a mortgage securing payment of it to plaintiff; the mortgage was recorded on ___________________, 19__, in Official Records Book ________ at page ________ of the public records of _______________ County, Florida, and mortgaged the property described in it, then owned by and in possession of the mortgagor, a copy of the mortgage containing a copy of the note being attached. 3. Plaintiff owns and holds the note and mortgage. 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 ________________, 19__, and all subsequent payments. 6. Plaintiff declares the full amount payable under the note and mortgage to be due. 7. Defendant owes plaintiff $ ________ that is due on principal on the note and mortgage, interest from __________________, 19__, and title search expense for ascertaining necessary parties to this action. 8. Plaintiff is obligated to pay his attorneys a reasonable fee for their services. WHEREFORE plaintiff demands an accounting of the sum due to plaintiff under the note and mortgage and if the sum is not paid within the time set by this court, that the property be sold to satisfy plaintiff's claim and if the proceeds of the sale are insufficient to pay plaintiff's claim, that a deficiency judgment be entered for the sum remaining unpaid against the defendant and that the estate of defendant and all persons claiming under or against defendant since the filing of the notice of lis pendens be foreclosed. NOTE: This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, unpaid insurance premiums and for a receiver. They must be added when proper. Copies of the note and mortgage must be attached. FORM 1.945. AUTOMOBILE NEGLIGENCE 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. (a) On or about _________________, 19__, defendant, C.D., owned a motor vehicle that was operated with his consent by defendant, E.F., at _________________ in ________________, Florida. (b) On or about _________________, 19__, 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 was injured in and about his body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, suffered physical handicap and his working ability was impaired; the injuries are either permanent or continuing in nature and plaintiff will suffer the losses and impairment in the future; plaintiff's motor vehicle was damaged or he lost the value of his interest in it and the value of its use during the time required for necessary repairs to it. WHEREFORE plaintiff demands judgment for damages against defendants. NOTE: This form, except for paragraph 2(b), is for use when owner and driver are different persons. Use paragraph 2(b) when they are the same. If paragraph 2(b) is used, "defendants" must be changed to "defendant" in all other places where it appears. FORM 1.946. 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 _________________, 19__, defendant, ________________, or defendant, _________________, 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 was injured in and about his body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, suffered physical handicap and his working ability was impaired; the injuries are either permanent or continuing in nature and plaintiff will suffer the losses and impairment in the future; plaintiff's motor vehicle was damaged or he lost the value of his interest in it and the value of its use during the time required for necessary repairs to it. 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. 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: (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 ________________, 19__. 5. Plaintiff served defendant with a notice on _____________________, 19__, 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 1.948. THIRD PARTY COMPLAINT. GENERAL FORM. THIRD PARTY COMPLAINT Defendant and third party plaintiff, 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.) 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 must be attached. 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 ______________, 19__, at _____________ in _______________ County, Florida, the product (describe the occurrence 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 body and extremities, suffered pain therefrom, incurred medical expense in the treatment of the injuries, suffered physical handicap and his 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. 6. 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 ____________________, 19__. Approved on _____________, 19__. ____________________ (SEAL) as Principal (NAME OF CLERK) (SURETY'S NAME) As Clerk of the Court By ____________________ By __________________________ As Deputy Clerk as Attorney in fact As Surety 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) * * * 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 , Florida Statutes. (b) * * * pay all costs and charges that are adjudged against plaintiff in this action. * * * (c) * * * 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. 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 ______________, 19__ 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 loan defendant $1,000; plaintiff failed to loan 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 him 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 _________________, 19__ 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. AUTOMOBILE CONTRIBUTORY NEGLIGENCE. Plaintiff's negligence contributed to the accident and his injury and damages because he negligently operated or maintained the automobile in which he was riding so that it collided with defendant's automobile. FORM 1.972. DEFENSE. ASSUMPTION OF RISK. Plaintiff voluntarily became a passenger in defendant's automobile knowing that defendant was under the influence of drugs and assumed the ordinary risks incident to this; plaintiff knew of the dangers incident to this and the injury to him was due to the ordinary risks incident to it. FORM 1.980. DEFAULT. MOTION FOR DEFAULT Plaintiff moves for entry of a default by the clerk against defendant (insert name of defaulting defendant) for failure to serve any paper on the undersigned or file any paper 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 paper as required by law. Dated on ____________________, 19__. (Name of Clerk) As Clerk of the Court By ______________________________ as Deputy Clerk 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 ________________, 19__, 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 ______________________, 19__, by failing to pay the alimony awarded thereby to (plaintiff's name) that was due on _________________, 19__, and I certify that copy hereof has been furnished to _______________ by mail on ____________________, 19__. NOTE: If the violation is of another nature, the particular violation must be inserted instead of failure to pay alimony. A separate motion is unnecessary. FORM 1.985. STANDARD JURY INSTRUCTIONS. The forms of Florida Standard Jury Instructions published by The Florida Bar pursuant to authority of the Supreme Court may be used by the trial judges of this state in charging the jury in civil actions to the extent that the forms are applicable unless the trial judge determines that an applicable form of instruction is erroneous or inadequate. In that event he shall modify the form or give such other instruction as he determines necessary to accurately and sufficiently instruct the jury in the circumstances of the action. In that event the trial judge shall state on the record or in a separate order the manner in which he finds the standard form erroneous or inadequate and the legal basis of his finding. Similarly, in all circumstances in which the notes accompanying the Florida Standard Jury Instructions contain a recommendation that a certain type of instruction not be given, the trial judge may follow the recommendation unless he determines that the giving of such an instruction is necessary to accurately and sufficiently instruct the jury, in which event he shall give such instruction as he deems appropriate and necessary. In that event the trial judge shall state on the record or on a separate order the legal basis of his determination that such instruction is necessary. FORM 1.986. VERDICTS. (a) For Plaintiff. Damages. VERDICT WE, the jury, find for plaintiff and assess his damages at $ ____________. DATED ______________________, 19__. _____________________________________ as Foreman (b) For Defendant. General Form. VERDICT WE, the jury, find for defendant. DATED _____________________, 19__. ____________________________________ as Foreman FORM 1.990. FINAL JUDGMENT FOR PLAINTIFF. JURY ACTION FOR DAMAGES. FINAL JUDGMENT Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff, ______________, recover from defendant, ____________________, the sum of $ _______ with his costs in the sum of $ ______, for which let execution issue. ORDERED at _________________, Florida, on ______________, 19__. _________________________________ Judge FORM 1.991. FINAL JUDGMENT FOR DEFENDANT. JURY ACTION FOR DAMAGES. FINAL JUDGMENT Pursuant to the verdict rendered in this action IT IS ADJUDGED that plaintiff, ______________________, take nothing by this action and that defendant, _________________, go hence without day and recover his costs from plaintiff in the sum of $ _________ for which let execution issue. ORDERED at ________________________, Florida on _________________________, 19__. ____________________________________ Judge FORM 1.993. FINAL JUDGMENT FOR PLAINTIFF. GENERAL FORM. NON-JURY. FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED: 1. (list adjudications in numbered paragraphs) 2. ORDERED at ________________________, Florida on _________________________, 19__. __________________________________ Judge NOTE: Findings of fact can be inserted after "presented" if desired. FORM 1.994. FINAL JUDGMENT FOR DEFENDANT. GENERAL FORM. NON-JURY. FINAL JUDGMENT This action was tried before the court. On the evidence presented IT IS ADJUDGED that plaintiff, ______________________, take nothing by this action and that defendant, _________________, go hence without day and recover his costs from plaintiff in the sum of $ _________ for which let execution issue. ORDERED at ___________________, Florida, on _______________________, 19__. ___________________________________ Judge NOTE: Findings of fact can be inserted after "presented" if desired.