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Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an

Individual (11/20)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE

FORM 12.910(a)

SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL

(11/20)

When should this form be used?

This form should be used to obtain personal service on the other party when you begin your lawsuit.

Service is required for all documents filed in your case. Service means giving a copy of the required papers

to the other party using the procedure that the law requires. Generally, there are two ways to make

service: (1) personal service, or (2) service by email, mail, or hand delivery. A third method for service is

called constructive service; however, the relief a court may grant may be limited in a case where

constructive service has been used.

The law requires that certain documents be served by personal service if personal service is possible.

Personal service means that a summons (this form) and a copy of the forms you are filing with the court

that must be personally served are delivered by a deputy sheriff or private process server

a. directly to the other party, or

b. to someone over the age of fifteen with whom the other party lives.

Personal service is required for all petitions, including petitions for modification. You cannot serve these

papers on the other party yourself or by mail or hand delivery. Personal service must be made by the

sheriff’s department in the county where the other party lives or works or by a private process server

certified in the county where the other party lives or works.

In many counties, there are private process servers who, for a fee, will personally serve the summons and

other documents that require personal service. You should look under process servers in the yellow pages

of the telephone book for a list of private process servers in your area. You may use a private process

server to serve any paper required to be personally served in a family law case except a petition for

injunction for protection against domestic or repeat violence.

How do I start?

When you begin your lawsuit, you need to complete this form (summons) and a Process Service

Memorandum, Florida Supreme Court Approved Family Law Form 12.910(b). The forms should be typed

or printed legibly in black ink. Next, you will need to take these forms and, if you have not already done

so, file your petition with the clerk of the circuit court in the county where you live. You should keep a

copy of the forms for your records. The clerk will sign the summons, and then the summons, a copy of the

Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an

Individual (11/20)

papers to be served, and the process service memorandum must be delivered to the appropriate sheriff’s

office or to a private process server for service on the other party.

IF THE OTHER PARTY LIVES IN THE COUNTY WHERE SUIT IS FILED: Ask the clerk in your county about any

local procedures regarding service. Generally, if the other party lives in the county in which you are filing

suit and you want the sheriff’s department to serve the papers, you will file the summons along with a

Process Service Memorandum, Florida Supreme Court Approved Family Law Form 12.910(b), with the

clerk and the clerk will forward those papers to the sheriff for service. Make sure that you attach a copy

of the papers you want personally served to the summons. You may also need to provide the sheriff with

a stamped envelope addressed to you. This will allow the sheriff to send the proof of service to you, after

the sheriff serves your papers on the other party. However, in some counties the sheriff may send the

proof of service directly to the clerk. If you are instructed to supply a self-addressed, stamped envelope

and you receive the proof of service, you should file the proof of service with the clerk after you receive

it from the sheriff. Also, you will need to find out how much the sheriff charges to serve the papers.

Personal checks are not accepted. You should attach to the summons a cashier’s check or money order

made payable to the sheriff, and either give it to the clerk for delivery to the sheriff or send all of the

paperwork and the fee to the sheriff yourself. The clerk will tell you which procedure to use. The costs for

service may be waived if you are indigent.

If you want a private process server to serve the other party, you should still bring the summons to the

clerk’s office and have the clerk sign it for you. You should deliver the summons, along with the copy of

your initial petition and any other papers to be served, and a Process Service Memorandum, Florida

Supreme Court Approved Family Law Form 12.910(b), to the private process server. The private process

server will charge you a fee for serving the papers. After service is complete, proof of service by the

private process server must be filed with the clerk. You should discuss how this will occur with the private

process server.

IF THE OTHER PARTY LIVES IN ANOTHER COUNTY: If the other party lives in another county, service needs

to be made by a sheriff in the county where the other party lives or by a private process server certified

in the county where the other party lives. Make sure that you attach a copy of the papers you want

personally served to the summons as well as the Process Service Memorandum, Florida Supreme Court

Approved Family Law Form 12.910(b). If you want the sheriff to serve the papers, the clerk may send your

papers to that sheriff’s office for you, or you may have to send the papers yourself. The clerk will tell you

which procedure to use. Either way, you will need to provide the sheriff with a stamped envelope

addressed to you. This will allow the sheriff to send the proof of service to you, after the sheriff serves

your papers on the other party. You should file the proof of service with the clerk after you receive it from

the sheriff. Also, you will need to find out how much the sheriff charges to serve the papers. Personal

checks are not accepted. You should attach to the summons a cashier’s check or money order made

payable to the sheriff, and either give it to the clerk for delivery to the sheriff or send all of the paperwork

and the fee to the sheriff yourself. The clerk will tell you which procedure to use. The costs for service

may be waived if you are indigent.

If you want a private process server to serve the other party, you should still bring the summons to the

clerk’s office where the clerk will sign it for you. You should deliver the summons, along with the copy of

your initial petition and any other papers to be served, and a Process Service Memorandum, Florida

Supreme Court Approved Family Law Form 12.910(b), to the private process server. The private process

server will charge you a fee for serving the papers. After service is complete, proof of service by the

Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an

Individual (11/20)

private process server must be filed with the clerk. You should discuss how this will occur with the private

process server.

IF THE OTHER PARTY CANNOT BE LOCATED OR DOES NOT LIVE IN FLORIDA: If, after you have made a

diligent effort to locate the other party, you absolutely cannot locate the other party, you may serve the

other party by publication. Service by publication is also known as constructive service. You may also be

able to use constructive service if the other party does not live in Florida. However, Florida courts have

only limited jurisdiction over a party who is served by constructive service and may have only limited

jurisdiction over a party living outside of Florida regardless of whether that party is served by

constructive or personal service; that is, the judge’s power to order the other party to do certain things

may be limited. For example, the judge may be able to grant your request for a divorce, but the judge

may not be able to address issues such as child support, spousal support (alimony), or division of property

or debts.

Regardless of the type of service used, if the other party once lived in Florida but is living outside of Florida

now, you should include in your petition a statement regarding the length of time the party lived in Florida,

if any, and when. For example: “Respondent last lived in Florida from {date} to

{date} .”

This area of the law is very complex and you may need to consult with an attorney regarding the proper

type of service to be used in your case if the other party does not live in Florida or cannot be located.

What happens when the papers are served on the other party?

The date and hour of service are written on the original summons and on all copies of it by the person

making the service. The person who delivers the summons and copies of the petition must file a proof of

service with the clerk or provide a proof of service to you for filing with the court. It is your responsibility

to make sure the proof of service has been returned to the clerk and placed in your case file.

What should I do next?

A copy of this form must be filed with the court and served on the other party or his or her attorney. The

copy you are serving to the other party must be either mailed, e-mailed, or hand-delivered to the opposing

party or his or her attorney on the same day indicated on the certificate of service. If it is mailed, it must

be postmarked on the date indicated in the certificate of service. Service must be in accordance with

Florida Rule of Judicial Administration 2.516.

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.

Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an

Individual (11/20)

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 Florida 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 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 email, 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 regarding service of process, see chapters 48 and 49,

Florida Statutes, and Florida Family Law Rule of Procedure 12.070, as well as the instructions for Notice

of Action for Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved

Family Law Form 12.913(a)(1), Notice of Action for Family Cases with Minor Child(ren), Florida Supreme

Court Approved Family Law Form 12.913(a)(2), Affidavit of Diligent Service and Inquiry, Florida Family

Law Rules of Procedure Form 12.913(b), and Affidavit of Diligent Search, Florida Family Law Rules of

Procedure Form 12.913(c).

Special notes. . .

If you have been unable to obtain proper service on the other party within 120 days after filing your

lawsuit, the court will dismiss your lawsuit against the other party unless you can show the court a good

reason why service was not made within 120 days. For this reason, if you had the local sheriff serve the

papers, you should check with the clerk every couple of weeks after completing the service papers to see

if service has been completed. You may need to supply the sheriff with a new or better address. If you

had a private process server or a sheriff in another county serve the papers, you should be in contact with

Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an

Individual (11/20)

that person or sheriff until you receive proof of service from that person or sheriff. You should then file

the proof of service with the clerk immediately.

If the other party fails to respond, i.e., fails to file a written response with the court, within 20 days after

the service of the summons, you are entitled to request a default. See the instructions to Motion for

Default, Florida Supreme Court Approved Family Law Form 12.922 (a), and Default, Florida Supreme Court

Approved Family Law Form 12.922(b), for further information. You will need to file an Affidavit of Military

Service, Florida Supreme Court Approved Family Law Form 12.912(b), before a default may be granted.

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 Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (11/20)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,

IN AND FOR COUNTY, FLORIDA

Case No.:

Division:

Petitioner,

and

Respondent.

SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL

ORDEN DE COMPARECENCIA: SERVICIO PERSONAL EN UN INDIVIDUO

CITATION: L’ASSIGNATION PERSONAL SUR UN INDIVIDUEL

TO/PARA/A: {enter other party’s full legal name} ,

{address (including city and state)/location for service} .

IMPORTANT

A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to

file a written response to the attached complaint/petition with the clerk of this circuit court, located at:

{street address} _______________________________________________________________________.

A phone call will not protect you. Your written response, including the case number given above and the

names of the parties, must be filed if you want the Court to hear your side of the case.

If you do not file your written response on time, you may lose the case, and your wages, money, and

property may be taken thereafter without further warning from the Court. There are other legal

requirements. You may want to call an attorney right away. If you do not know an attorney, you may call

Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (11/20)

an attorney referral service or a legal aid office (listed in the phone book).

If you choose to file a written response yourself, at the same time you file your written response to the

Court, you must also serve a copy of your written response on the party serving this summons at:

{Name and address of party serving summons}

If the party serving summons has designated email address(es) for service or is represented by an

attorney, you may designate email address(es) for service by or on you. Service must be in accordance

with Florida Rule of Judicial Administration 2.516.

Copies of all court documents in this case, including orders, are available at the Clerk of the Circuit

Court’s office. You may review these documents, upon request.

You must keep the Clerk of the Circuit Court’s office notified of your current address. (You may file

Designation of Current Mailing and Email Address, Florida Supreme Court Approved Family Law Form

12.915.) Future papers in this lawsuit will be mailed to the address on record at the clerk’s office.

WARNING: Rule 12.285, Florida Family Law Rules of Procedure, requires certain automatic disclosure

of documents and information. Failure to comply can result in sanctions, including dismissal or striking

of pleadings.

IMPORTANTE

Usted ha sido demandado legalmente. Tiene veinte (20) dias, contados a partir del recibo de esta

notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Localizado

en: . Una llamada telefonica no lo protegera. Si usted desea

que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del

caso y los nombres de las partes interesadas. Si usted no contesta la demanda a tiempo, pudiese perder

el caso y podria ser despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso

del tribunal. Existen otros requisitos legales. Si lo desea, usted puede consultar a un abogado

inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal que

aparecen en la guia telefonica.

Si desea responder a la demanda por su cuenta, al mismo tiempo en que presente su respuesta ante el

tribunal, usted debe enviar por correo o entregar una copia de su respuesta a la persona denominada

abajo.

Si usted elige presentar personalmente una respuesta por escrito, en el mismo momento que usted

presente su respuesta por escrito al Tribunal, usted debe enviar por correo o llevar una copia de su

respuesta por escrito a la parte entregando esta orden de comparencencia a:

Nombre y direccion de la parte que entrega la orden de comparencencia:

Copias de todos los documentos judiciales de este caso, incluyendo las ordenes, estan disponibles en la

Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (11/20)

oficina del Secretario de Juzgado del Circuito [Clerk of the Circuit Court’s office]. Estos documentos

pueden ser revisados a su solicitud.

Usted debe de manener informada a la oficina del Secretario de Juzgado del Circuito de su direccion

actual. (Usted puede presentar el Formulario: Ley de Familia de la Florida 12.915, Florida Supreme

Court Approved Family Law Form 12.915, [Designation of Current Mailing and Email Address].) Los

papelos que se presenten en el futuro en esta demanda judicial seran env ados por correo a la direccion

que este registrada en la oficina del Secretario.

ADVERTENCIA: Regla 12.285 (Rule 12.285), de las Reglas de Procedimiento de Ley de Familia de la

Florida [Florida Family Law Rules of Procedure], requiere cierta revelacion automatica de documentos

e informacion. El incumplimient, puede resultar en sanciones, incluyendo la desestimacion o anulacion

de los alegatos.

Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (11/20)

IMPORTANT

Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la

date de l’assignation de cette citation pour deposer une reponse ecrite a la plainte ci-jointe aupres de ce

tribunal. Qui se trouve a: {L’Adresse} . Un simple coup de telephone est

insuffisant pour vous proteger; vous etes obliges de deposer votre reponse ecrite, avec mention du

numero de dossier ci-dessus et du nom des parties nommees ici, si vous souhaitez que le tribunal entende

votre cause. Si vous ne deposez pas votre reponse ecrite dans le delai requis, vous risquez de perdre la

cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis

ulterieur du tribunal. Il y a d’autres obligations juridiques et vous pouvez requerir les services immediats

d’un avocat. Si vous ne connaissez pas d’avocat, vous pourriez telephoner a un service de reference

d’avocats ou a un bureau d’assistance juridique (figurant a l’annuaire de telephones).

Si vous choisissez de deposer vous-meme une reponse ecrite, il vous faudra egalement, en meme temps

que cette formalite, faire parvenir ou expedier une copie au carbone ou une photocopie de votre reponse

ecrite a la partie qui vous depose cette citation.

Nom et adresse de la partie qui depose cette citation:

Les photocopies de tous les documents tribunals de cette cause, y compris des arrets, sont disponible

au bureau du greffier. Vous pouvez revue ces documents, sur demande.

Il faut aviser le greffier de votre adresse actuelle. (Vous pouvez deposer Florida Supreme Court

Approved Family Law Form 12.915, Designation of Current Mailing and Email Address.) Les documents

de l’avenir de ce proces seront envoyer a l’adresse que vous donnez au bureau du greffier.

ATTENTION: La regle 12.285, des regles de procedure du droit de la famille de la Floride exige que l’on

remette certains renseignements et certains documents a la partie adverse. Tout refus de les fournir

pourra donner lieu a des sanctions, y compris le rejet ou la suppression d’un ou de plusieurs actes de

procedure.

THE STATE OF FLORIDA

TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the complaint

in this lawsuit on the above-named person.

DATED:

CLERK OF THE CIRCUIT COURT

(SEAL)

By:

Deputy Clerk

Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (11/20)

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