Temporary Relief Motions, Emergency Motions, Other Evidentiary Motions
Rules in the 19th Circuit of Florida (Martin, St. Lucie, Indian River and Okeechobee Counties)
For procedures regarding temporary relief motions, emergency motions, and other evidentiary motions, please read Administrative Order 2007- 13 Unified Family Court, Part VI, D – G :
The basic procedures are:
a. Counsel must personally speak with opposing counsel first.
b. Mediation is required before a lengthy hearing whenever possible.
c. Movant must provide a copy of the motion to court and opposing counsel/party.
d. The court will review and may a set hearing.
e. Moving party shall provide the notice of hearing.
f. Motions to modify post-judgment parenting and child support will be referred to the magistrate unless it is a true emergency.
An emergency motion must recite sufficient facts to show a true emergency “…where, for example, a child is threatened with physical harm or is about to be improperly removed from the state.” Gielchinsky v. Gielchinsky, 662 So.2d 732 (Fla. 4th DCA, 1995).
An ex-parte motion and order require the same things as a temporary injunction. Rule 1.610; Smith v. Crider, 932 So.2d 393 (Fla. 4th DCA, 2006). A full hearing after notice must be given ASAP.
A post-judgment motion for temporary change of custody requires proof of change in the circumstances, and that the best interest of the child requires immediate relief. Kendall v. Kendall, 832 So.2d 878 (Fla. 4th DCA, 2002); Bon v. Rivera, 10 So.3d 193 (Fla. 4th DCA, 2009).