Author: Elf
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What is the function of the Head Judge?
The Head Judge is not the supervisor of the other judges. The primary responsibility of the Head Judge is court administration. The Head Judge does not oversee or enforce discipline upon the other judges or make decisions on their cases.
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What information should be included in a certificate of service?
Any pleading, motion or other paper submitted to the court should have a certificate of service attached. This certificate should contain the name and address of each attorney and/or party who is to receive a copy of the document, as well as the date and method of service (typically first class U.S. Mail).
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How can I obtain copies of what the opposing parties submit?
Any party who submits a pleading or document should provide a duplicate to all other parties involved in the case, or their legal representatives, and also submit a certificate confirming such delivery.
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What are motions?
Either party, the claimant or the respondent, may request that the court take specific action related to the case. To do so, the party prepares a formal request which is called a motion. The party signs the motion, files it (with a certificate of service) and sends a copy to the other parties. The other…
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When do I need to deliver my complaint?
If you are filing a lawsuit under federal law, you have a period of 120 days starting from the date of the filed complaint to serve the defendants involved in your case. However, if your case involves a claim under state law, the time frame for serving the defendant(s) may be shorter than 120 days.…
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Why is my case “undergoing judicial review” and what does that mean?
To initiate a lawsuit you must pay a filing fee. However, it is possible to request the court to waive the filing fee by submitting the form “Motion to Proceed Without Prepayment of Fees.” Before making a decision, the court needs to evaluate your case to determine if it lacks merit, is brought forward with…
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How much time do I have to submit my complaint (time limit for filing)?
The timeframe for submitting a lawsuit depends on the nature of the claims made in the lawsuit. This matter falls under federal and state law, and the clerk’s office is not able to provide legal guidance or determine the specific time you have to file a lawsuit. To determine the deadline, you will need to…
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What is a Self-Represented Litigant?
If you cannot find a legal firm to represent you, you can pursue your lawsuit by appearing without representation or pro se, a Latin phrase meaning “for oneself.” If you file a lawsuit and represent yourself, you are the “plaintiff.” If someone sues you, you are the “defendant.” In either case, you can appear pro…
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How can I make a complaint against a judge?
How do I file a complaint against a judge? The complaint process is not intended to address complaints related to the merits of a case or a court’s decision. Any person alleging that a judge of the country has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts,…
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What should I do if I reside far away and cannot come to court on the same day?
Individuals serving as jurors who are unable to make the drive to court because of the distance they live (at least 60 miles one-way or more) should reach out to their local Jury Administrator to discuss the situation. After obtaining prior approval, the court will permit jurors with exceptional circumstances to stay overnight on the…
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What fees are paid to jurors?
Individuals serving as jurors receive a payment of $50.00 per day for each day they are present, and an extra $10 per day after 10 consecutive days of service. Individuals who are employed by the federal government are ineligible to receive the attendance fee. Jurors are also entitled to a mileage fee (the current rate…
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How many days do the trials typically last?
Jury trials can vary in length, ranging from a single day to multiple weeks. On average, trials run for approximately 2-3 days. If you have any concerns regarding the duration of your jury service, you will be able to inform the judge about any hardships you may face.
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How long is the period of service?
The period of service depends on whether you are a petit juror or a grand juror, and where you have been summoned to serve. Period of service for petit jurors: Jurors are required to be on call for a period of one month unless otherwise indicated. Some service times are longer in length. During your…
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What is considered a permanent injury in the state of Florida?
According to Florida regulations, a permanent injury typically encompasses a situation where an individual has a lasting impairment of a bodily function or a permanent disfigurement. This could involve enduring disabilities, disfigurements, or scars. Assessing whether an injury meets the criteria for permanence often demands medical evidence or testimony.
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Who is required to vacate the residence in a divorce in Florida?
Establishing which party is obligated to depart from the shared dwelling during a divorce frequently relies on the particular circumstances of the case. In instances involving allegations of mistreatment or intimate partner violence, the court may mandate that one spouse evacuate. Alternatively, in other scenarios, the court may not oblige either spouse to leave until…
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What is the 50 mile regulation in custody cases in Florida?
The 50-mile regulation in custody law in Florida refers to the provision that a parent can’t relocate more than 50 miles away from their current residence without court approval or the consent of the other parent if they share custody of a child.
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What age are children most impacted by the dissolution of marriage?
The consequences of the dissolution of marriage on children can vary widely depending on their age, temperament, and the circumstances of the separation. However, research suggests that children of all ages can be impacted by the dissolution, with potentially significant effects on adolescents due to their understanding of the implications of the separation.
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How long does a couple need to be in a marriage to receive half of the marital assets in Florida?
There is no specific duration stated to be eligible for half of the marital assets in Florida. The court examines several factors to determine a fair distribution, such as the length of the marriage, contributions made by each spouse, the economic conditions of both parties, and other relevant considerations.
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What is not considered marital property in the state of Florida?
Marital property in Florida generally includes any assets or debts acquired during the marriage, regardless of whose name is on the title or account. This could include residences, automobiles, pension funds, and business stakes, as well as obligations. Non-marital or separate property in Florida typically comprises assets or debts that were owned by one party…
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What do I need to know before getting a divorce in the State of Florida?
Before initiating divorce proceedings in Florida, it is important to understand that it is a no-fault jurisdiction, which implies that there is no requirement to provide evidence of any wrongdoing by your spouse to obtain a divorce. At least one party must have maintained residency in the state for a minimum of six months prior…
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What are the consequences of a DUI conviction?
A DUI conviction can result in serious penalties including license suspension, hefty fines, probation, mandatory community service, vehicle impoundment, and even jail time. The exact consequences depend on your blood alcohol level, whether it’s your first offense, and if there was any property damage or injuries.
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What is the 3 felony rule in Florida?
The “Three Strikes Law” in Florida, also recognized as the Habitual Felony Offender law, imposes harsher penalties on individuals who have been found guilty of any combination of three or more felonies, specific violent crimes, or qualifying offenses. Its purpose is to discourage repeat offenders by implementing severe consequences for multiple felony convictions.
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How long can an individual be detained in Florida?
If a person is arrested, they must be taken before a judge within 24 hours for a first appearance, where their bail will be determined and they will be informed of the charges against them. If a person is simply being detained (and not formally arrested), there is no specific time limit for the duration…
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What is the time frame within which the state of Florida can accuse an individual of a crime?
The statute of limitations, which is the period allotted for charging an individual with a crime, differs based on the type of offense. For minor misdemeanors, the state has a maximum of two years to file charges. In the case of most felony offenses, it is generally three years. However, for severe crimes such as…