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