Fillable FORM 12.944(a),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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FORM 12.944(a),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.944(a),
MOTION FOR TESTIMONY AND ATTENDANCE OF MINOR CHILD(REN)
(11/15)
When should this form be used?
Rule 12.407, Florida Family Law Rules, provides that minor children may not be deposed (have their
deposition taken), brought to court to appear as a witness or to attend a hearing, or subpoenaed to
appear at a hearing without prior order of the court. This rule applies in all cases except when there is
an emergency or the case is an uncontested adoption. You should use this form to request that the
court enter an order authorizing a minor child(ren) to appear at a court proceeding.
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 your case is filed 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?
A copy of this form must be mailed, e-mailed, or hand delivered to any other party(ies) in your case,
including the guardian ad litem, if one has been appointed.
It is possible that there will be a hearing on your motion. The judge may want to hear the reasons you feel
this motion should be granted, or the other party may object to your motion. If a hearing is required,
check with the clerk of court, judicial assistant, or family law intake staff for information on the local
procedure for scheduling a hearing. When you know the date and time of your hearing, you should file
Notice of Hearing (General),Florida Supreme Court Approved Family Law Form 12.923, or other
appropriate notice of hearing form, and provide a copy to any other party.
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 rule 12.407, Florida Family Law Rules of Procedure.
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
Instructions for Florida Supreme Court Approved Family Law Form 12.944(a), Motion for Testimony and
Attendance of Minor Child(ren) (11/15)
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 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 Administration2.516.
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.
Instructions for Florida Supreme Court Approved Family Law Form 12.944(a), Motion for Testimony and
Attendance of Minor Child(ren) (11/15)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ ___
Division:
__________________________________________________________________________________ ________
__________________________________,
Petitioner,
and
__________________________________,
Respondent,
MOTION FOR TESTIMONY AND ATTENDANCE OF MINOR CHILD(REN)
Petitioner Respondent requests that the Court enter an order authorizing one or more of
the actions listed below related to the following minor child(ren):
Name Birth date Age
[Indicate all that apply]
1. _____ Minor child(ren), {name(s)} __________________________________________________,
be subpoenaed to appear at hearing now scheduled for {date} ___________________________.
2. _____ Minor child(ren), {name(s)} __________________________________________________,
attend deposition of {name(s)} now scheduled for{date} ________________________________,
at {location} ____________________________________________________________________.
3. _____ Minor child(ren)’s, {name(s)} _________________________________________________,
deposition be taken on {date} ______________________________________________________
at {location} ____________________________________________________________________.
4. _____ Minor child(ren), {name(s)} __________________________________________________,
be brought to court to attend hearing now scheduled for {date} __________________________
at {location} ____________________________________________________________________.
5. _____ Minor child(ren), {name(s)} _________________________________________________
be brought to court to testify in a hearing now scheduled for {date}________________________
at {location} ____________________________.
The Court should do this because: ___________________________________________________
Florida Supreme Court Approved Family Law Form 12.944(a), Motion for Testimony and Attendance of
Minor Child(ren) (11/15)
____________________________________________
_________________________________________________
_________________________________________________
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: ____________________________________
Fax Number: ______________________________________
Designated E-mail Address(es): _______________________
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 12.944(a), Motion for Testimony and Attendance of
Minor Child(ren) (11/15)
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FORM 12.944(a),: INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED (Florida)

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Completed 10 January 2021

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