Civil & Family Court (2024)

Civil and Family cases are part of the Odyssey system.

Search for Civil & Family Cases

Search for civil, family and probate cases online with our streamlined search process.

Civil Court

Cases filed in the civil division of the Clerk’s Office fall either under the jurisdiction of County Court or Circuit Court.

Allactions may be filed at theMiami-Dade County Courthouseor atdistrict court locations.

County Court

County Court Cases

County court cases are governed by the rules of civil procedure. These rules cover cases where the amount of damages exceeds $8,000 but is not more than $50,000 as well as tenant eviction cases.

Small Claims Cases

Small Claims cases are where the amount of money does not exceed $8,000 exclusive of interest, court costs and attorney fees.

Circuit Court

Circuit court handles cases such as:

  • Cases where the amount of money exceeds $50,001, exclusive of interest, court costs and attorney fees
  • Eviction cases where damages claimed exceed $50,001
  • Actions of ejectment
  • Actions involving the title and boundaries of real property 
  • Issuance of injunctions -such as:
    • Replevin 
    • Negligence 
    • Professional Malpractice 
    • Products Liability 
    • Mortgage Foreclosures 
    • Eminent Domain 
    • BondEstreatures 
    • Writs 
    • Foreign Judgments

A deputy clerk may be able to assist you with the filing of a small claims suit. Forms are available in Room 137 of the Miami-Dade County Courthouse and at the district court locations. You may need an attorney to assist you on all other matters. Fee schedules and additional information are available at those locations or by calling 786-29-CIVIL.

Notice of Order to Seal

Order partially granting motion to seal pursuant to Florida Rule of Judicial Administration 2.420.

Certified Copies for Civil Cases

Request certified copies of civil cases online, by mail or in person.

Request Certified Copies for Civil Cases

  • Each defendant in excess of 5 - $2.50
  • Filing fee for claims < $100 - $55
  • Filing fee for claims ($100 - $500) - $80
  • Filing fee for claims ($500.01 - $2,500) - $175
  • Filing fee for claims > $2,500 and <= $15,000 - $300
  • Filling fee for claims ($15,000.01 - $50,000) - $400
  • Filling fee for claims over $30,000 - $401
  • Eviction cases - $185
  • Appeal to Circuit Court - $281
  • Appeal to District Court of Appeals: Check written to District Court - $300
  • Appeal to District Court of Appeals: Collected by Clerk - $100
  • Filing fee for reopening a case for claims <$500.01 - $25
  • Filing fee for reopening a case for claims >$500 - $50
  • Proceedings of garnishment, attachment, replevin & distress - $85
  • Attorney appearing pro hac vice - $100
  • Cross claim, counterclaim, 3rd party complaint filing fee < $2,500 - $0
  • Cross claim, counterclaim, 3rd party complaint filing fee >= $2,500 and <= $15,000 - $295
  • Cross claim, counterclaim, 3rd party complaint filing fee >= $15,000 and <= $50,000 - $395
  • Issuance of summons - $10
  • Foreign Judgment - $42
  • Transfer of Lien - $10
  • Claims <= $1,000 filed with action for replevin of property that is subject of claim - $130
  • Sheriff Service of Process - $40
  • Filing petition for contraband forfeiture - $1,002
  • Posting bond in registry for contraband forfeiture - $1,500

Other Fees:

  • Examining, comparing, correcting, verifying & certifying transcripts - $5
  • In appellate proceedings, per page, Preparing, numbering & indexing original record of appellate proceedings, per instrument - $3.50
  • Verifying an instrument prepared by someone other than clerk - $3.50
  • Writing paper other than specifically mentioned, same as for copying, including signing and sealing - $7
  • Oath, administering, attesting and sealing - $3.50
  • Validating certificates - $3.50
  • Preparing affidavit of domicile - $5
  • Exemplified clerk certificates, including signing and sealing - $7
  • Authenticated clerk certificates, including signing and sealing - $7
  • Issuing and filing subpeona for a witness, including signing & sealing - $7
  • Signing and sealing subpeona - $2
  • Searching records, each year - $2
  • Payment plan fee - $25
  • Certified or registered mail postal charges - Cost
  • Non-sufficient funds: <= $50 - $25
  • Non-sufficient funds: $50.01 to $300 - $30
  • Non-sufficient funds: > $300 - >of $40 or 5% of check
  • Interest Rates on Final Judgments - October 1, 2023 - December 31, 2023 - 8.54%

Family Court

Family Court handles three broad categories of cases: domestic relations, probate, and domestic violence.

The court can assist you with:

  • Baker Acts
  • Guardianship
  • Marchman Acts
  • Restraining orders
  • Wills and Probate
  • Marriage licenses
  • Simplified Divorces

Non-Criminal Justice Applicant’s Privacy Rights

Pursuant to the FBI Compact Council Agency Privacy Requirements for Non-Criminal Justice Applicants, the Clerk of the Court and Comptroller as an “Official” must provide the applicant of a Name Change Petition with written Notice of the usage of his/her fingerprints. As such, this Notice serves to inform all applicants pursuing a Name Change that your fingerprints will be used to check the criminal history records of the Federal Bureau of Investigation (FBI).

Certified Copies for Family Cases

Request certified copies for family cases online, by mail or in person.

Request Certified Copies for Family Cases

  • Adoptions, including sealing the file - $443
  • Dissolution of marriage - $409
  • All other actions(except non-domestic petitions) - $301
  • Non-domestic-related petitions - $401
  • Each defendant in excess of 5 - $2.50
  • Appeal to District Court of Appeals (Check written to District Court) - $300
  • Appeal to District Court of Appeals (Collected by Clerk) - $100
  • Proceedings of garnishment, attachment, replevins and distress - $85
  • Filing fee for reopening a case - $50
  • Attorney appearing pro hac vice - $100
  • Notice of recording foreign judgments - new suits - $42
  • Cross claim, counterclaim 3rd party complaint filing fee - $295
  • Maintain professional guardian files - $7.50

Other Fees:

  • Examining, comparing, correcting, verifying & certifying transcripts - $5
  • In appellate proceedings, per page, Preparing, numbering & indexing original record of appellate proceedings, per instrument - $3.50
  • Verifying an instrument prepared by someone other than clerk - $3.50
  • Writing paper other than specifically mentioned, same as for copying, including signing and sealing - $7
  • Oath, administering, attesting and sealing - $3.50
  • Validating certificates - $3.50
  • Preparing affidavit of domicile - $5
  • Exemplified clerk certificates, including signing and sealing - $7
  • Authenticated clerk certificates, including signing and sealing - $7
  • Issuing and filing subpoena for a witness, including signing & sealing - $7
  • Signing and sealing subpoena - $2
  • Searching records, each year - $2
  • Payment plan fee - $25
  • Certified or registered mail postal charges - Cost
  • Non-sufficient funds: <= $50 - $25
  • Non-sufficient funds: $50.01 to $300 - $30
  • Non-sufficient funds: > $300 - >of $40 or 5% of check
  • Interest Rates on Final Judgments - October 1, 2023 - December 31, 2023 - 8.54%

Related Resources

  • Attorney of Record Contact Us Form
  • Administrative Order 04-05 Re-Establishment and Jurisdiction of County Court Districts
  • Administrative Order 06-41
  • Administrative Order 14-13
  • Administrative Order 16-05
  • Administrative Order 16-05-A1
  • Application For Determination of Civil Indigent Status
  • Attorney of Record Change of Address Form
  • Bond
  • Civil Action Summons (B) Form for Personal Service on a Natural Person
  • Civil Cover Sheet
  • Claim of Exemption and Request for Hearing
  • Complaint for Replevin
  • Designation of Current Mailing and E-mail Address (Florida Family Law Form 12.915)
  • Designation of E-mail Address for a Party Not Represented by an Attorney (Form 2.602)
  • Execution
  • Final Disposition
  • Final Judgment in Replevin (b) Judgment in Favor of Plaintiff when Defendant has Possession
  • Final Judgment in Replevin (a) Judgment in Favor of Plaintiff when Plaintiff Has Possession 
  • Florida Contraband Forfeiture Act Cash Bond Receipt
  • Notice of Commencement of Action
  • Order for Issuance of Writ of Replevin
  • Order for Issuance of Writ of Replevin on Show Cause Hearing
  • Plaintiff Statement
  • Request To Be Excused From E-mail Service For Party Not Represented By Attorney (Form 2.601)
  • Residential Eviction Summons
  • Statement of Claim (Co-Maker)
  • Statement of Claim (Auto Negligence)
  • Statement of Claim (Back Rent)
  • Statement of Claim (Money Lent)
  • Statement of Claim (Promissory Note)
  • Statement of Claim (Return of Security Deposit)
  • Statement of Claim (Return of Stolen Property)
  • Statement of Claim (Third Party-Bad Checks)
  • Statement of Claim (Towed and /or Stored Vehicles)
  • Statement of Claim (Work Done and Materials Furnished)
  • Subpoena Duces Tecum for Deposition
  • Subpoena Duces Tecum for Trial
  • Subpoena Duces Tecum without Deposition-A
  • Subpoena Duces Tecum without Deposition-B
  • Subpoena for Deposition
  • Subpoena for Trial (a) for Issuance by Clerk
  • Summons 5 Days Corporate Service
  • Summons 20 Day Corporate Service
  • Waiver of Service of Process
Civil & Family Court (2024)

FAQs

How should you answer questions in court? ›

Give an answer to the best of your ability and knowledge. Let the judge know if you do not understand the question. Never guess at the meaning of a question. If you don't understand a question, don't try to answer it.

How to respond to a motion in family court in NJ? ›

Follow these steps to respond to a motion:
  1. Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition.
  2. File the forms. Turn in your completed forms by mail or efiling.
  3. Serve the other party. ...
  4. Get ready for the hearing. ...
  5. Prepare an order.

How to submit evidence in family court in California? ›

How to submit evidence for your hearing
  1. Get copies of documents that help support your case. Attach or file these with your Request for Order or Responsive Declaration so the judge can consider them at the hearing. ...
  2. Get statements from any witnesses. ...
  3. File and serve your documents and statements.

Can you say I decline to answer in court? ›

In most cases, you can plead the Fifth Amendment, which legally allows you to refuse answering questions.

Can you say you don't remember in court? ›

Don't let anyone tell you that saying “I don't recall” is an acceptable answer unless it's the truth. You could be charged with perjury or obstruction of justice for claiming not to recall something any reasonable person would – particularly if by giving that answer you're impeding an investigation or prosecution.

How do judges decide who is telling the truth? ›

The standard credibility instruction tells the fact-finder to consider the witness's strength of memory,ability in the described circ*mstances to see and hear,and the clarity with which he is able to recall events. Tone of voice,shades of expression,and gestures are also to be considered.

What to say when you don't want to answer a question in court? ›

If asked a question, then you can tell the judge that, with all due respect, you do not wish to answer any questions, nor do you wish to clarify your position.

What is admissible evidence in Family Court California? ›

Any evidence that's found relevant and isn't hearsay or privileged is admissible. Some common types of evidence used in California family court include: Character witnesses. Expert witnesses. Financial records.

How to answer questions in a hearing? ›

Focus on answering questions directly and truthfully, and avoid speculation or assumptions. If you do not know the answer to a question, it is perfectly acceptable to say, “I don't know” rather than guessing or fabricating information.

How do you respond to a legal question? ›

Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful.

How do you answer a case question? ›

How to Approach a Case Interview
  1. Listen to the case. Take notes and rephrase the question to make sure you've got all the information.
  2. Clarify the problem. Ask good questions to clarify and show your understanding of the problem.
  3. Analyze the problem. ...
  4. Structure an answer. ...
  5. Share your answer. ...
  6. Summarize your findings.

What not to say on the stand? ›

Never, ever say anything you know to be untrue on the stand. Not only did you swear to tell the truth before you started testifying, but any lie you utter can haunt you if the other side figures it out. If they can prove you lied just once, everything you said during your testimony is suspect.

References

Top Articles
Latest Posts
Article information

Author: Catherine Tremblay

Last Updated:

Views: 5624

Rating: 4.7 / 5 (47 voted)

Reviews: 94% of readers found this page helpful

Author information

Name: Catherine Tremblay

Birthday: 1999-09-23

Address: Suite 461 73643 Sherril Loaf, Dickinsonland, AZ 47941-2379

Phone: +2678139151039

Job: International Administration Supervisor

Hobby: Dowsing, Snowboarding, Rowing, Beekeeping, Calligraphy, Shooting, Air sports

Introduction: My name is Catherine Tremblay, I am a precious, perfect, tasty, enthusiastic, inexpensive, vast, kind person who loves writing and wants to share my knowledge and understanding with you.