![]() If a case is transferred to another venue, the plaintiff will incur a court fee. “When any action is filed laying venue in the wrong county, the court may transfer the action in the manner provided in 1.170(j) to the proper court in any county where it might have been brought in accordance with the venue statutes.” Fla. “If it should appear at any time that an action is pending in the wrong court of any county, it may be transferred to the proper court within said county by the same method as provided in rule 1.170(j).” Fla. In that event, Rule 1.060 provides courts the ability to transfer the case to the correct county. However, sometimes plaintiffs file their lawsuit in the wrong location. “When the venue might have been laid in 2 or more counties, the person bringing the action may select the county to which the action is transferred, but if no such selection is made, the matter shall be determined by the court.” Fla. In such cases, the plaintiff can choose which of the multiple venues to file in. For example, depending on the facts, it is possible a plaintiff could properly file their lawsuit in Broward County or Palm Beach County. It is often the case that venue would be proper in more than one location. The general venue statute, which applies in most but not all cases, provides that an action must be brought in the county where the defendant resides, where the allegations giving rise to the cause of action occurred, or where property, which is the subject of the litigation, is located. Florida statutes establish where venue is appropriate and thus which county the case should be heard. Venue refers to the particular geographic location, usually the county, where a lawsuit is brought and determined. Usually the initial pleading is called a complaint. The initial pleading not only begins the action, but also provides notice of the lawsuit and its nature to the defendant or respondent. Rule 1.050 – When Action CommencedĪ civil action is commenced when the initial pleading is filed. Unless specifically required by another rule or statute, it is not necessary for pleadings or motions to be verified or accompanied by an affidavit. Rule 1.030 – Nonverification of Pleadings “These rules shall be construed to secure the just, speedy, and inexpensive determination of every action.” Fla. “These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla. “These rules apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply.” Fla. Rule 1.010 to Rule 1.090, the focus of this article, deals with general matters related to litigation, the forum in which a particular case is brought, and time limitations applicable in cases. This is the first in a series of articles providing a brief overview of some of the more important rules and their provisions. The Florida Rules of Civil Procedure are generally organized in the order in which a case would progress through the various stages of litigation. The Rules were most recently amended, as of the date of this article, in June 2022. ![]() The Florida Rules of Civil Procedure were adopted in 1967 and they have been revised many times since then. The Florida Constitution grants the Florida Supreme Court the power to adopt rules for the practice and procedure in all courts. Conversely procedural rules, such as the Florida Rules of Civil Procedure, govern the decision-making process by which those substantive interests are litigated. Substantive law defines the rights, duties, and powers of persons and other entities in their relationships outside the court. ![]() The term “civil” is used in contrast to “criminal” actions, which have their own rules of procedure. The purpose of civil litigation is to resolve disputes, usually concerning money, by enforcing obligations and duties between parties to the action. The Florida Rules of Civil Procedure are the rules that govern how civil litigation in conducted in Florida’s state courts. Florida Rules of Civil Procedure – Part 1 ![]()
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