Legal Question in Family Law in Florida

What document is the motion for an emergency hearing state of Florida's family court division?


Asked on 6/14/10, 12:12 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Any motion can be an emergency motion, you just put the word "Emergency" in front of your motion name. For example, "Emergency Motion for Temporary Custody." Usually, there is no hearing on an emergency motion unless the judge orders it. In most counties, when the clerk's office receives a motion with the word "Emergency" or "Exigent" or some such in the title, the motion is taken immediately to the judge for a ruling based on the wording of the motion. You can call the clerk or the judge's office to be sure how it works in your county. Be aware, though, that absent extraordinary circumstances, such as the actual kidnapping of a child, judges consider almost nothing to be an emergency.

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Answered on 6/14/10, 8:38 am


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