RULE 12.000. PREFACE
These rules consist of
two separate sections. Section I contains the procedural
rules governing family law matters and their commentary.
Section II contains forms, commentary, and appendices.
The commentary and appendices to the forms are included
to assist litigants unrepresented by counsel and do not,
in and of themselves, constitute official rules or commentary
of the Florida Supreme Court.
RULE 12.005. TRANSITION
RULE
These rules shall apply
to all family law cases effective January 1, 1996. Any
action taken in a family law case before January 1, 1996,
that conformed to the then-effective rules or statutes
governing family law cases, will be regarded as valid
during the pendency of the litigation.
RULE 12.010. SCOPE,
PURPOSE, AND TITLE
(a) Scope.
(1) These rules apply
to all actions concerning family matters, including actions
concerning domestic and repeat violence, except as otherwise
provided by the Florida Rules of Juvenile Procedure or
the Florida Probate Rules. "Family matters,"
"family law matters," or "family law cases"
as used within these rules include, but are not limited
to, matters arising from dissolution of marriage, annulment,
support unconnected with dissolution of marriage, paternity,
child support, custodial care of or access to children
(except as otherwise provided by the Florida Rules of
Juvenile Procedure), adoption, proceedings for emancipation
of a minor, declaratory judgment actions related to premarital,
marital, or post-marital agreements (except as otherwise
provided, when applicable, by the Florida Probate Rules),
injunctions for domestic and repeat violence, and all
proceedings for modification, enforcement, and civil contempt
of these actions.
2) The form, content,
procedure, and time for pleading in all special statutory
proceedings shall be as prescribed by the statutes governing
the proceeding unless these rules or the Florida Rules
of Civil Procedure, where applicable, specifically provide
to the contrary. All actions governed by these rules also
shall be governed by the Florida Evidence Code, which
shall govern in cases where a conflict with these rules
may occur.
(b) Purpose.
(1) These rules shall
be construed to secure the just, speedy, and inexpensive
determination of the procedures covered by them and shall
be construed to secure simplicity in procedure and fairness
in administration.
(2) Nothing shall prohibit
any intake personnel in family law divisions from assisting
in the preparation of papers or forms to be filed in any
action under these rules.
(c) Title.
These rules shall be known as the Florida Family Law Rules
of Procedure and abbreviated as Fla. Fam. L. R. P.