Instructions for Florida Supreme Court Approved Family Law Forms 12.922(a), Motion for Default, and 12.922(b),
Default (11/15)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORMS 12.922(a), MOTION FOR DEFAULT, AND 12.922(b),
DEFAULT (11/15)
When should these forms be used?
If the other party has failed to file or serve any documents within 20 days after the date of service of your
petition, you may ask the clerk of the circuit court to enter a default against him or her by filling out this
form and filing it with the court. Generally, a default allows you to obtain an earlier final hearing to
finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your
case.
To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved
Family Law Form 12.922(a). You will then need to file your motion for default along with the Default,
Florida Supreme Court Approved Family Law Form 12.922(b), so that the clerk can enter a default for you
if your motion is proper.
This form should be typed or printed in black ink. After completing this form, you should file the original
with the clerk of the circuit court in the county where you filed your petition and keep a copy for your
records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or
other pleadings or documents electronically; however, they are not required to do so. If you choose
to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule
of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you
file. The rules and procedures should be carefully read and followed.
What should I do next?
After the default has been entered, you must ask for a hearing, so that the judge can consider your
petition. To do this, you must contact the clerk’s office, family law intake staff, or judicial assistant to
schedule a hearing and file a Notice of Hearing (General), Florida Supreme Court Approved Family Law
Form 12.923, with the clerk. A copy of the notice of hearing must be mailed, e-mailed, or hand-
delivered to each party in the case. You must send a notice of final hearing to the defaulted party.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of
Judicial Administration. If you elect to participate in electronic service, which means serving or
receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must
Instructions for Florida Supreme Court Approved Family Law Forms 12.922(a), Motion for Default, and 12.922(b),
Default (11/15)
review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through
the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started,
or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears.
Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme
Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida
Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. For further information, see Florida Rules of Civil Procedure 1.500,
concerning defaults and Rule 1.140, concerning the time within which a party can file an answer or
other responsive pleading to a petition. See also Florida Family Law Rule of Procedure 12.080.
Special notes...
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out
these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules
of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Florida Supreme Court Approved Family Law Form 12.922(a), Motion for Default (11/15)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ ___
Division:
__________________________________________________________________________________ ________
__________________________________,
Petitioner,
and
__________________________________,
Respondent,
MOTION FOR DEFAULT
TO THE CLERK OF THE CIRCUIT COURT:
PLEASE ENTER A DEFAULT AGAINST RESPONDENT WHO HAS FAILED TO RESPOND TO THE PETITION.
I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand-
delivered to the person(s) listed below on {date} ______________________.
Other party or his/her attorney:
Name: ________________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Fax Number: ___________________________________
Designated E-mail Address(es):_____________________
______________________________________________
_____________________________________________
Signature of Party
Printed Name: _________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Telephone Number:_____________________________
Fax Number:___________________________________
Designated E-mail Address(es):____________________
_____________________________________________
Florida Supreme Court Approved Family Law Form 12.922(a), Motion for Default (11/15)
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{name of individual } __________________________________________________________________,
{name of business} ____________________________________________________________________,
{address} ____________________________________________________________________________,
{city} ________________, {state} ____, {zip code}__________,{telephone number} ________________.
Florida Supreme Court Approved Family Law Form 12.922(b), Default (11/15)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ ___
Division:
__________________________________________________________________________________ ________
___________________________________,
Petitioner,
and
___________________________________,
Respondent,
DEFAULT
A default is entered in this action against Respondent for failure to serve or file a response or any
paper as is required by law.
Dated:
CLERK OF THE CIRCUIT COURT
(SEAL)
By: ___________________________________________
Deputy Clerk
I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) hand-
delivered to the person(s) listed below on {date} ______________________.
Other party or his/her attorney:
Name: ________________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Fax Number: ___________________________________
Designated E-mail Address(es):_____________________
______________________________________________
_____________________________________________
Signature of Party
Printed Name: _________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Telephone Number:_____________________________
Fax Number:___________________________________
Designated E-mail Address(es):____________________
_____________________________________________
Florida Supreme Court Approved Family Law Form 12.922(b), Default (11/15)
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{name of individual } __________________________________________________________________,
{name of business} ____________________________________________________________________,
{address} ____________________________________________________________________________,
{city} ________________, {state} ____, {zip code}__________,{telephone number} ________________.