From April
2002 Update
Volume 1
1. Real Estate
§100 Introduction
§101 Classifications of Property
§102 History
§103 Source of Title in Florida
§104 Locating the Property
§104.1 Government Survey
Map: Florida Map with Survey Lines and Section Chart
Chart: Structure of Congressional Townships
§104.2 Metes and Bounds
§104.3 Maps and Plats
§105 Official or Public Records
§106 Conveyances of Real Property
§106.1 General
§106.2 Conveyance by an Individual
§106.3 Conveyance by a Corporation
§106.4 Conveyance by a Limited Partnership
§106.5 Conveyance Between Husband and Wife; Homestead
§110 Right of Owners
§111 Estates
§112 Concurrent Ownership of Property
§112.1 Joint Tenancy
§112.2 Tenancy in Common
§112.3 Tenancy by the Entirety
§113 Limitations and Restrictions on Property
§113.1 Zoning Regulations
§113.2 Easements
§113.3 Building Codes
§113.4 Deed Restrictions
§113.5 Eminent Domain
§114 Private Property Rights Protection Act
§114.1 Definitions
§114.2 Procedure
§114.2.1 Administrative Proceedings
§114.2.2 Circuit Court Procedures
§120 The Real Estate Transaction
§121 General
§121.1 Classifications of Real Estate Sales
§121.2 Requirements for Recording Real Estate Documents
§122 Option and Contract for Sale
§122.1 Option
§122.2 Contract for Sale
§122.3 Typing the Contract
§122.4 Procedure
§123 Title Search/Examination or Title Insurance
§123.1 Procedure
§124 Clearing the Defects
§125 Prior to Closing
§125.1 Additional Agreements/Disclosures Prior to Closing
§125.2 Radon Gas
§125.3 Other Notices/Agreements
§125.4 Obtaining Information for Closing Statement
§126 Typing Real Property Descriptions
§127 Deed
§127.1 Preparation
§127.2 Short Forms of Acknowledgements
§127.2.1 Individual Acting in His Own Right
§127.2.2 For a Corporation
§127.2.3 For a Partnership
§127.2.4 For an Individual Acting as a Principal by an Attorney in Fact
§127.2.5 By Any Public Officer, Trustee, or Personal Representative
§127.3 Acknowledgements by Members of the Armed Forces and Their
Spouses
§127.4 Procedure
§127.5 Contract for Deed
§128 Mortgage and Promissory Note
§128.1 Parties
§128.2 Promissory Note
§128.3 Mortgage
§128.4 Forms of Mortgages
§128.4.1 Fixed Rate
§128.4.2 Adjustable Rate
§128.4.3 Balloon Mortgage
§128.5 Preparation of Note and Mortgages
§128.5.1 Preparation of the Mortgage—for the Mortgagee
§128.5.2 Preparation of the Mortgage—for the Mortgagor
§128.6 Procedure
§130 Reserved
§140 Steps for Closing Real Property Transactions
§140.1 Introduction
§140.2 Real Estate Settlement Procedures
§141 Preparation by Seller’s Attorney
§142 Preparation by Buyer’s Attorney
§143 Fees and Expenses at Closing
§143.1 Recording Fees
§143.2 Searching/Indexing Fees
§143.3 Taxes on Instruments
§143.3.1 Conveyances
§143.3.2 Obligations to Pay Money
§143.4 Realtor/Broker’s Commission
§143.5 Attorney’s Fees
§143.6 Abstracts
§143.7 Other Fees/Expenses
§144 Closing Statement
§144.1 General Breakdown of “Who Pays What”
§144.2 Procedure
§145 Closing Papers
§145.1 Items to be Obtained by Buyer at Closing
§145.2 Items to be Obtained by Seller at Closing
§145.3 Other Forms Which May Be Required Prior to or After Closing
§146 Title Insurance
§147 Summary of Procedure for Real Estate Closings
§150 Foreclosure of Mortgages, Agreements for Deed and Statutory Liens
§150.1 General
§150.2 Procedures Prior to Action
§151 Parties
§152 Venue
§153 Complaint and Notice of Lis Pendens
§153.1 Complaint
§153.2 Notice of Lis Pendens
§154 Service of Process
§155 Order to Show Cause; Entry of Final Judgment
§156 Default
Chart: Location of Military Personnel Records
§157 Summary Judgment
§160 Landlord/Tenant
§161 General
§162 Nonresidential Tenancies
§162.1 Tenancy at Will: Duration
§162.2 Tenancy at Sufferance; Holding Over After Term
§162.3 Right of Possession Upon Default or Abandonment
§162.4 Liens for Rent
§162.5 Distress for Rent
§162.6 Causes for Removal of Tenant
§162.7 Removal of Tenant
§163 Residential Tenancies
§163.1 General
§163.2 Definitions
§163.3 Rent; Duration of Tenancies
§163.4 Leases; Rental Agreements
§163.4.1 Elements of the Lease
§163.4.2 Procedure
§163.5 Remedies
§163.5.1 Termination of Rental Agreement
§163.5.2 Termination of Tenancy Without Specific Term
§163.5.3 Termination of Rental Term by Military Personnel
§163.5.4 Tenant Holding Over
§163.5.5 Choice of Remedies Upon Breach by Tenant
§163.6 Prohibited Practices by Landlord
§163.7 Abandonment of Personal Property by Tenant
§164 Right of Action for Possession; Procedure
§164.1 Complaint
§164.2 Service of Process
§164.3 Procedure
§165 Defenses to Action for Rent or Possession
§166 Injunctive Orders
§167 Disbursement of Funds in Registry of the Court
§168 Issuance of the Writ of Possession
§169 Award of Possession and Money Judgment
§170 Glossary of Terms for Real Estate
2. Business Organizations
§200 Introduction
§201 Types of Business Organizations
§202 Business Organization Checklist
§203 Financing of Business Enterprise
§210 Corporations
§211 General
§211.1 Advantages of Corporate Form
§211.2 Corporate Taxation Generally
§211.3 Definitions
§211.4 Role of Legal Secretary
§212 Forming the Corporation
§212.1 General
Chart: Regulations Applicable to Businesses
§212.2 Choosing the State of Incorporation
§212.3 Who May Incorporate in Florida
§212.4 Corporate Name
§212.4.1 Domestic Corporation Name Requirements
§212.4.2 Registration of Name of Foreign Corporation: Application,
Renewal and Revocation
§212.4.3 Name Reservation/Registration of Trade/Service Mark
§212.5 Schedule for Fees and Taxes
§212.6 Attorney Service Bureaus
§212.7 Pre-Organization Agreement
§212.8 Corporations for Profit
§212.8.1 Introduction
§212.8.2 Filing Documents with the Secretary of State
§212.8.3 Effective Time and Date of Document: Correcting Filed
Documents
§212.8.4 Domestic Profit Corporations—Articles of Incorporation
§212.8.5 Qualification of Foreign Corporations
§212.8.6 Domestication of a Foreign Corporation
§212.8.7 Registered Agent: Registered Office
§212.9 Non-Profit Corporations
§212.9.1 General
§212.9.2 Filing Requirements
§212.9.3 Effective Date of Documents
§212.9.4 Corporate Name
§212.9.5 Articles of Incorporation
§212.9.6 Application for Certificate of Authority of Foreign Non-Profit
Corporation
§212.9.7 Registered Office and Registered Agent
§212.9.8 Correcting Filed Documents
§212.10 Professional Service Corporations/Professional Limited
Liability Companies
§212.10.1 General
§212.10.2 Who May Form Professional Entities
§212.10.3 Limitations
§212.10.4 Liability of Officers, Agents, Employees, Shareholders,
Members, Corporation, or Limited Liability Company
§212.10.5 Disqualification of Member/Shareholder
§212.10.6 Name of Professional Entity
§212.10.7 Formation
§212.11 Procedure
§213 Organizational Meeting of Directors
§213.1 General
§213.2 Notice
§213.3 Bylaws
§213.4 Organizational Meetings
§213.5 Corporate Shares/Stock Certificates
§213.5.1 Corporate Shares
§213.5.2 Form and Content of Certificates
§213.5.3 Documentary Stamp Tax on Certificates
§213.5.4 Role of Legal Secretary
§213.6 Subscription Agreements
§213.7 Procedure
§214 Amendment, Restatement, and Mergers
§214.1 Amendments to Articles of Incorporation
§214.1.1 General
§214.1.2 Contents of Amendment—Profit Corporation
§214.1.3 Amendment of Certificate of Authority (Foreign Corporation)
§214.1.4 Amendment; Quorum—Non-Profit Corporations
§214.1.5 Procedure
§214.2 Restatement of Articles
§214.2.1 Profit Corporations
§214.2.2 Non-Profit Corporations
§214.3 Mergers and Share Exchanges
§214.3.1 Mergers
§214.3.2 Share Exchange
§214.3.3 Merger of Subsidiary Corporation
§214.3.4 Merger of Non-Profit Corporations
§214.3.5 Merger of Domestic Corporation and Other Business Entity
§214.4 Articles of Merger or Share Exchange
§214.4.1 Articles of Merger
§214.5 Plan of Merger
§214.6 Effect of Merger
§215 Meeting of Shareholders
§215.1 Annual Meetings
§215.2 Special Meetings
§215.3 Court-ordered Meetings
§215.4 Notice of Meetings
§215.5 Waiver of Notice
§215.6 Record Date
§215.7 Shareholders List for Meetings
§215.8 Action by Shareholders Without a Meeting
§215.9 Shareholder Agreements
§215.10 Proxies
§216 Meetings of Board of Directors
§217 Role of Legal Secretary
§217.1 General
§217.2 Corporate Calendar or Tickler System
§217.3 Corporate Meetings Generally
§217.4 Meeting Notebook
§217.5 Notice of Corporate Meetings
§217.6 Reserving and Preparing Corporate Meeting Room
§217.7 Meeting Agenda
§217.8 Attending the Corporate Meeting
§217.9 Minutes
§218 Uniform Business Report (Annual Report)
§219 Dissolution, Withdrawal, and Reinstatement of Corporations
§219.1 Voluntary Dissolution of Domestic Corporations
§219.1.1 Revocation of Dissolution
§219.2 Administrative Dissolution of Domestic Corporation
§219.2.1 Reinstatement Following Administrative Dissolution
§219.3 Withdrawal and Revocation of Certificate of Authority of Foreign
Corporation
§219.3.1 Withdrawal of Foreign Corporation
§219.3.2 Revocation of Authority to Transact Business
§219.4 Judicial Dissolution
§219.4.1 Grounds
§219.4.2 Venue and Procedure
§219.4.3 Judgment
§219.4.4 Alternative Remedies
§219.4.5 Provisional Director
§219.4.6 Election to Purchase in Lieu of Dissolution
§220 General Partnerships
§221 Revised Uniform Partnership Act of 1995 (as amended in 1999)
§221.1 Definitions
§221.2 Partnership as an Entity
§222 Formation of a Partnership
§223 Pre-Partnership Agreements
§223.1 Procedure
§224 General Partnership Agreement
§224.1 Checklist for Partnership Agreement
§224.2 Effect of Partnership Agreement; Nonwaivable Provisions
§224.3 Procedure for Partnership Agreement
§225 Execution, Filing, and Recording of Partnership Registration and
Other Statements
§225.1 Statement of Partnership Authority
§225.2 Statement of Denial
§225.3 Fees
§226 Partner’s Liability
§227 Conversions and Merger
§227.1 Conversions
§227.1.1 Conversion of Partnership to Limited Partnership
§227.1.2 Conversion of Limited Partnership to Partnership
§227.1.3 Effect of Conversion
§227.2 Merger of Partnerships
§227.2.1 Plan of Merger
§227.2.2 Statement of Merger
§227.3 Effect of Merger
§228 Dissolution of Partnership
§228.1 Procedure
§229 Joint Venture
Checklist for Joint Venture
§229.1 Procedure
§230 Limited Partnerships
§231 Introduction
§231.1 Definitions
§232 Formation of Limited Partnership
§232.1 General
§232.2 Fees and Costs
§232.3 Name of Limited Partnership
§233 Certificate of Limited Partnership
§233.1 Introduction
§233.2 Content of Certificate of Limited Partnership
§233.2.1 Registered Agent or Office
§233.2.2 Filing with the Department of State
§233.2.3 Procedure
§234 Amendment, Restatement, and Cancellation of Certificate
§234.1 Amendment of Certificate
§234.2 Restatement of Certificate of Limited Partnership
§234.3 Cancellation of Certificate of Limited Partnership
§234.4 Procedure
§235 Conducting the Business of the Limited Partnership
§235.1 Records to be Kept by the Limited Partnership
§235.2 Supplemental Affidavit of Capital Contributions
§235.3 General Partners
§235.4 Limited Partners
§236 Foreign Limited Partnerships
§236.1 Registration of Foreign Limited Partnership
§236.2 Name Under Which Foreign Limited Partnership May Register
§236.3 Amendments to Registration Application
§236.4 Supplemental Affidavit of Contributions
§236.5 Cancellation of Registration of Foreign Limited Partnership
§237 Uniform Business Report
§238 Conversions and Mergers
§238.1 Conversions
§238.1.1 Conversion of Partnership to Limited Partnership
§238.1.2 Conversion of Limited Partnership to Partnership
§238.1.3 Effect of Conversion
§238.2 Merger of Domestic Limited Partnerships
§238.2.1 Plan of Merger
§238.2.2 Action on Plan of Merger
§238.2.3 Articles of Merger
§238.2.4 Effect of Merger
§239 Dissolution/Cancellation of Limited Partnership; Revocation of
Authority to Transact Business; Reinstatement
§239.1 Dissolution/Cancellation of Certificate of Limited Partnership
§239.2 Revocation of Authority to Transact Business and Reinstatement
§240 The Limited Liability Company
§241 General
§241.1 Definitions
§241.2 Powers of a Limited Liability Company
§242 Fees and Costs
§243 Forming the Limited Liability Company
§243.1 Company Name
§243.2 Articles of Organization
§243.2.1 Domestic Limited Liability Company
§243.2.2 Foreign Limited Liability Company
§243.3 Execution of Certificate or Statement
§243.4 Filing Requirements
§243.5 Effect of Filing and Issuance of Time Date Endorsement
§243.6 Registered Office and Registered Agent
§244 Post-Organization
§244.1 Amendments to or Restatements of Articles of Organization
§244.1.1 Florida Domestic Limited Liability Company
§244.1.2 Foreign Limited Liability Company
§244.2 Correcting Articles of Organization Filed of Record
§244.3 Change of Registered Office or Registered Agent
§244.4 Service of Process
§244.4.1 Service of Process on Domestic Limited Liability Company
§244.4.2 Service of Process; Notice or Demand on Foreign Limited
Liability Company
§244.5 Records to be Kept; Right to Information
§244.6 Contributions to Capital and Liability for Contribution
§244.7 Management of the Company
§244.8 Operating Agreement
§245 Reserved
§246 Merger of Limited Liability Company
§246.1 Plan of Merger
§246.2 Action on Plan of Merger
§246.3 Articles of Merger
§246.4 Effect of Merger
§246.5 Rights of Dissenting Members
§246.6 Conversion of Entities to a Limited Liability Company
§247 Uniform Business Report
§248 Dissolution of Limited Liability Company
§248.1 Revocation of Dissolution
§248.2 Claims Against Dissolved Limited Liability Company
§248.3 Effect of Dissolution
§248.4 Distribution of Assets Upon Dissolution
§248.5 Articles of Dissolution
§248.6 Administrative Dissolution
§248.6.1 Reinstatement Following Administrative Dissolution
§248.6.2 Appeal from Denial or Reinstatement
§248.7 Judicial Dissolution
§249 Withdrawal of Foreign Limited Liability Company
§249.1 Revocation of Authority to Transact Business
§249.1.1 Grounds for Revocation
§249.1.2 Procedure for Revocation
§249.2 Application for Reinstatement
§249.3 Appeal from Revocation
§250 Registered Limited Liability Partnerships
§251 Formation
§251.1 Statement of Qualification
§251.2 Name of Limited Liability Partnership
§252 Uniform Business Report
§253 Foreign Limited Liability Partnership
§253.1 Law Under Which the Foreign Limited Liability Partnership is
Formed
§253.2 Statement of Foreign Qualification
§253.3 Effect of Failure to Qualify
§253.4 Activities Not Constituting Transacting Business
§254 Limited Liability Limited Partnership
§260 Sole Proprietorships
§261 General
§262 Formation of a Sole Proprietorship
§263 Termination of Sole Proprietorship
§270 Common Law Declarations of Trust
§271 Filing the Declaration of Trust
§272 Qualification with the Department of Banking and Finance
§273 Issuance of Certain Units, Shares, Certificates or Other Security
§274 Merger Into Wholly Owned Subsidiary Corporation
§280 Fictitious Name Statute
§281 Introduction
§282 Filing with Department of State; Definitions
§282.1 Registration
§282.2 Term and Renewal
§282.3 Change of Ownership of Business
§282.4 Fees
§282.5 Penalties
§282.6 Procedure
§290 Glossary
3. Civil Litigation
§300 Introduction
§301 The Role of the Legal Secretary in Civil Litigation
§301.1 The Initial Client Interview
§301.2 The Client’s Rights
§301.3 The New Client File
§301.4 Setting Up the Tickler System
§301.5 Procedure
§302 Jurisdiction and Venue
§302.1 Jurisdiction
§302.2 Venue
§303 Parties
§304 Limitation of Actions
§304.1 Generally
§304.2 When Limitations Tolled
§304.3 Specific Time Periods for Limitations of Actions
§305 Times for Filing
§306 Preparation of Documents for Filing; Court Requirements
§307 Indigence
§310 The Complaint
§311 Introduction
§312 County Court
§313 Form for Complaint (Generally)
§313.1 Minimum Requirements
§313.2 Civil Cover Sheet
§313.3 Attaching Copy of Cause of Action and Exhibits
§313.4 Pleading Special Matters
§313.5 Class Actions
§313.5.1 Pleading Requirements
§313.5.2 Class Action Procedure
§313.5.3 Condominium Associations
§313.5.4 Mobile Homeowners’ Associations
§313.6 Amendment to Complaint
§313.7 Amended and Supplemental Pleadings
§313.8 Procedure
Checklist: Preparing Pleadings
§314 Venue
§315 Choice of Forum
§315.1 Definitions
§315.2 Grounds for Dismissal
§315.3 Stipulations
§315.4 Waiver of Automatic Stipulation
§316 Filing Documents
§320 Process
§321 Personal Service
§321.1 Generally
§321.2 Service of Process
§321.3 Service on a Minor or Other Incompetent
§321.4 Service on State Prisoners
§321.5 Service on Partnerships and Limited Partnerships
§321.6 Service on Agents of Nonresidents Doing Business in Florida
§321.7 Service on Corporations
§321.8 Service on Public Agencies and Officers
§321.9 Service on the State
§321.10 Service on Statutory Agents for Certain Persons
§321.11 Personal Service Outside of Florida
§321.12 Service of Foreign Process
§322 Service by Publication (Constructive Service)
§322.1 Generally
§322.2 Sworn Statement
§322.3 Notice of Action
§322.4 Procedure
§323 Service of Process by Mail
§324 Service of Pleadings and Papers
§325 Service of Orders
§326 Filing and Service Information
§326.1 Circuit Directory
§326.2 Directory of Clerks and Sheriffs
§330 Responsive Pleadings
§331 Answer
§331.1 Form
§331.2 Computing Time
§331.3 Failure to Deny
§331.4 Affirmative Defenses
§331.4.1 Examples of Wording for Affirmative Defenses
§331.5 Service of Answer
§331.6 Procedure
§332 Counterclaim
§333 Crossclaim
§334 Third Party Practice
§335 Defenses Generally/Motions
§335.1 Time Limits
§335.2 Presentation of Defenses
§335.3 Notice of Hearing
§335.4 Procedure
§336 Default
§336.1 Procedure
§340 Discovery
§341 Introduction
§341.1 Scope of Discovery
§341.2 Discovery of Experts
§341.3 Claims of Privilege or Protection of Trial Preparation Materials
§341.4 Protective Orders
§341.5 Supplementing Responses
§342 Depositions
§342.1 Generally
§342.1.1 Before Action
§342.1.2 Pending Appeal
§342.1.3 Persons Authorized to Take Depositions
§342.2 Oral Depositions
§342.2.1 Generally
§342.2.2 Oral Depositions by Videotape/Telephone
§342.2.3 Witness Review of Oral Deposition
§342.2.4 Exhibits; Filing
§342.2.5 Failure to Attend or Serve Subpoena
§342.2.6 Procedure
§342.3 Depositions on Written Questions
§342.3.1 Generally
§342.3.2 Procedure
§342.4 Deposition of Expert Witnesses
§342.5 Subpoenas for Taking Deposition
§342.5.1 Procedure
§342.6 Use of Depositions in Court Proceedings
§342.6.1 Use of Deposition
§342.6.2 Effect of Taking/Using Depositions
§342.6.3 Effect of Errors or Irregularities
§342.7 Role of the Legal Secretary
§343 Interrogatories
§343.1 Generally
§343.2 Procedure for Use
§343.3 Form, Service and Filing
§343.4 Option to Produce Records
§343.5 Use at Trial
§343.6 Procedure
§344 Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
§344.1 Form
§344.2 Production of Documents and Things Without Deposition
§344.3 Procedure
§345 Request for Admissions
§345.1 Effect of Admission
§345.2 Procedure
§346 Examination of Persons
§347 Motion for Order Compelling Discovery
§348 Demand for Jury Trial
§349 Other Actions Which May be Taken Before Trial
§349.1 General/Florida Practice Requirements/Signatures on Pleadings
§349.1.1 Stipulations
§349.1.2 Substitution of Attorneys
§349.1.3 Withdrawal of Attorney
§349.1.4 Procedure
§349.1.5 Addition of Attorneys
§349.1.6 Notices to Persons with Disabilities
§349.1.7 Procedure
§349.2 Dismissal of Actions
§349.2.1 Voluntary Dismissal
§349.2.2 Involuntary Dismissal
§349.2.3 Procedure
§350 Before Trial
§351 Summary Judgment
§351.1 Procedure
§352 Pretrial Procedure
§352.1 Case Management Conference
§352.2 Pretrial Conference
§352.3 Notice
§352.4 Pretrial Order
§353 Continuance of Proceedings
§354 Proposals for Settlement
§355 Mediation
§355.1 General
§355.2 Mediation Process
§355.3 Exclusions from Mediation
§355.4 Mediation Procedure
§355.5 Court-ordered Mediation
§355.6 Completion of Mediation
§355.7 Voluntary Binding Arbitration and Voluntary Trial Resolution
§356 Expedited Trials
§360 Trial
§361 Setting the Case for Trial
§361.1 Procedure
§362 Trial by Jury
Checklist: Jury Chart
§363 Working With the Attorney Before and During Trial
§363.1 Before Trial
§363.2 During Trial
§364 Jury Instructions
§365 Verdicts and Final Judgments
§365.1 Verdicts
§365.1.1 Jury Verdicts
§365.1.2 Motion for Directed Verdict
§365.2 Final Judgment
§365.3 Final Disposition Form
§366 Judgments
§366.1 Generally
§366.1.1 Interest
§366.1.2 When a Judgment Becomes a Lien
§366.2 Declaratory Judgments
§366.2.1 Parties
§366.2.2 Jury Trials
§366.2.3 Supplemental Relief
§366.3 Enforcement of Final Judgments
§366.3.1 Procedure
§366.4 Satisfaction or Discharge
§366.4.1 Satisfaction of Judgments and Decrees
§366.4.2 Discharge in Bankruptcy
§367 Judgments, Orders, and Decrees; Lien on Personal Property
§367.1 Generally
§367.2 Content, Recording and Indexing of Judgment Lien Certificate
§367.3 Duration and Continuation of Judgment Liens
§367.4 Effect of Judgment Lien
§367.5 Amendment, Correction, Termination, Release, Assignment
§367.5.1 Amendment, Termination, Release of Judgment Lien Record
§367.5.2 Correction of Judgment Lien File
§367.6 Effect of Recorded Judgment Lien on Writs of Execution
Previously Delivered to a Sheriff
§367.7 Fees and Costs
§368 Enforcement of Foreign Judgments
§368.1 Generally
§368.1.1 Recording and Status of Foreign Judgments
§368.1.2 Notice of Recording
§368.1.3 Stay of Enforcement
§368.2 Uniform Foreign Money Judgment Recognition Act
§368.2.1 Definitions
§368.2.2 Recognition and Enforcement
§368.2.3 Grounds for Nonrecognition
§368.2.4 Personal Jurisdiction
§368.2.5 Stay in Case of Appeal
§369 Injunctions
§369.1 Procedure
§370 Post-Trial
§371 Motions for New Trial, Rehearing, Amendment of Judgment
§371.1 Procedure
§372 Relief from Judgment, Decrees or Orders
§373 Executions and Final Process
§373.1 Generally
§373.1.1 Discovery in Aid of Execution
§373.1.2 Process on Behalf of and Against Persons Not Parties
§373.1.3 Deposits in the Registry of the Court
§373.2 Executions Generally
§373.3 Stay of Illegal Writs
§373.4 Claim of Third Party
§373.5 Execution Sales
§373.5.1 Notice
§373.5.2 Time Date and Place of Sale
§373.5.3 Mandamus to Force Levy and Sale
§373.6 Monies Collected
§373.6.1 Payment to Execution Creditor
§373.6.2 Failure of Officer to Pay Over Monies Collected
§373.7 Supplementary Proceedings
§374 Attachment
§374.1 Generally
§374.2 Grounds for Attachment
§374.2.1 When Debt is Due
§374.2.2 When Debt is Not Due
§374.2.3 Attachment in Aid of Foreclosure
§374.3 Procuring the Attachment
§374.3.1 Motion for Writ of Attachment
§374.3.2 Attachment Bond
§374.4 Writ of Attachment
§374.4.1 Levy in Other Counties
§374.4.2 Levy on Property Removed from County Pending Levy
§374.5 Return/Replevy of Property
§374.5.1 Return of Property
§374.5.2 Replevy
§374.5.3 Sale of Perishables; Custody of Attached Property
§374.6 Dissolution of Attachment
§374.7 Judgments
§375 Replevin
§375.1 Generally
§375.2 Complaint
§375.3 Order to Show Cause
§375.3.1 Contents
§375.3.2 Hearing
§375.3.3 Waiver
§375.4 Prejudgment Writ of Replevin
§375.5 Writ of Replevin
§375.6 Judgment
§375.6.1 Judgment for Plaintiff
§375.6.2 Judgment for Defendant
§376 Garnishment
§376.1 Generally
§376.2 Issuance of Writ
§376.2.1 Before Judgment
§376.2.2 After Judgment
§376.2.3 Continuing Writ of Garnishment Against Salary or Wages
§376.3 Writ of Garnishment
§376.3.1 Service of Garnishee’s Answer and Notice of Right to
Dissolve Writ
§376.3.2 Effect of Writ
§376.3.3 Reply
§376.4 Dissolution of Writ
§376.5 Judgment
§376.5.1 Before Judgment — Effect of Judgment for Defendant
§376.5.2 Before Judgment — Discharge
§376.5.3 Default Judgment
§376.5.4 Judgment
§376.5.5 Execution on Garnishee’s Refusal to Surrender Property
§376.6 Third Parties
§376.7 Compensation to Garnishee; Amount Retained by Garnishee
§376.8 Attorney’s Fees, Costs, Expenses
§377 Setting Apart Homestead and Exemptions
§377.1 Designation of Homestead
§377.1.1 Before Levy
§377.1.2 After Levy
§377.2 Survey of Property
§377.3 Exempting Other Property
§377.3.1 Leaseholds
§377.3.2 Personal Property; Inventory
§377.4 Other Exemptions (Reserved)
§380 Miscellaneous
§381 Rules Time Chart
§382 Sheriff’s Fees and Costs
§390 Small Claims Court
§391 Introduction — Applicable Rules of Court
§392 Commencement of Action
§392.1 Statement of Claim
§392.1.1 Procedure
§392.2 Process and Venue
§392.2.1 Procedure
§392.3 Service of Pleadings and Papers Other Than Statement of Claim
§392.4 Filing Documents
§393 Responsive Pleadings
§393.1 Defensive Pleadings
§393.2 Counterclaims/Setoffs, Jurisdictional Transfers
§393.3 Third-Party Complaints
§394 Appearance; Trial Date
§395 Before Trial
§395.1 Dismissal of Actions
§395.2 Continuances
§395.3 Settlement
§395.4 Summary Judgment
§396 Trial
§397 Post-Trial
§397.1 Default
§397.2 Motion for New Trial
§397.3 Relief from Judgment or Order
§398 Executions
4. Dissolution of Marriage
§400 Introduction
§401 Role of Legal Secretary in Dissolution of Marriage
§402 Jurisdiction in Dissolution
§402.1 Uniform Child Custody Jurisdiction Act (UCCJA)
§403 Venue and Choice of Forum
§403.1 Venue
§403.2 Choice of Forum
§403.2.1 Definitions
§403.2.2 Grounds for Dismissal
§403.2.3 Stipulations
§403.2.4 Waiver of Automatic Stipulation
§404 Grounds
§405 Simplified Dissolution of Marriage
§406 Requirements for Filing Documents
§406.1 Preparation of Documents for Filing; Court Requirements
§406.2 Florida Practice Requirements/Signatures on Pleadings
§406.3 Notices to Persons with Disabilities
§407 Computing Time for Filing
§410 Petition
§411 Special Allegations
§411.1 Child Custody
§411.2 Equitable Distribution of Marital Assets and Liabilities
§411.3 Child Support
§411.4 Temporary Support
§411.5 Alimony
§411.6 Visitation
§411.7 Distribution of Retirement Plans
§411.8 Temporary Custody of Minor Children in Extended Family
§411.8.1 General
§411.8.2 Who May Petition; Jurisdiction
§411.8.3 Petition, Notice and Hearing
§411.8.4 Order Granting Temporary Custody
§412 Preparing the Petition
§413 Civil Cover Sheet
§414 Procedure
§415 Indigence
§415.1 Procedure
§416 Mandatory Disclosure
§416.1 Time for Production of Documents
§416.1.1 Temporary Financial Hearings
§416.1.2 Initial and Supplemental Pleadings
§416.2 Disclosure Requirements for Temporary Financial Relief
§416.3 Parties’ Disclosure Requirements for Initial or
Supplemental Proceedings
§416.4 Duty to Supplement Disclosure
§416.5 Sanctions
§416.6 Extensions of Time for Compliance
§416.7 Objections to Mandatory Disclosure
§416.8 Certificate of Compliance
§416.9 Place of Production
§416.10 Financial Affidavits in Enforcement and Contempt Proceedings
§416.11 Procedure
§417 Child Custody Declaration
§417.1 Procedure
§418 Injunctions and Eviction
§418.1 Procedure
§419 Notice of Social Security Number
§420 Service of Process
§421 Personal Service
§421.1 Generally
§421.2 Service of Process
§421.3 Service on State Prisoners
§421.4 Personal Service Outside of Florida
§421.5 Procedure
§422 Constructive Service
§422.1 Procedure
§422.2 Parent Locator Service
§423 Service of Process by Mail
§424 Service of Pleadings and Papers
§424.1 Service of Orders
§424.2 Filing Documents
§425 Acceptance
§430 Responsive Pleadings
§431 Answer
§432 Waiver
§433 Counterclaim
§433.1 Procedure
§434 Default
§434.1 Procedure
Chart: Location of Military Personnel Records
§440 Reserved
§450 Before the Final Hearing
§451 Marriage Settlement Agreements
§451.1 Procedure
§452 Discovery in General
§452.1 Introduction
§452.1.1 Discovery of Experts
§452.1.2 Claims of Privilege or Protection of Trial Preparation
Materials
§452.1.3 Protective Orders
§453 Specific Discovery
§453.1 Depositions
§453.1.1 Generally
§453.1.2 Persons Authorized to Take Depositions
§453.1.3 Oral Depositions
§453.1.4 Videotaped/Telephonic Depositions
§453.1.5 Witness Review of Oral Depositions
§453.1.6 Exhibits
§453.1.7 Depositions on Written Questions
§453.1.8 Filing Depositions
§453.1.9 Deposition of Expert Witnesses
§453.1.10 Failure to Attend or Serve Subpoenas
§453.1.11 Use of Depositions in Court Proceedings
§453.1.12 Subpoenas for Deposition
§453.1.13 Role of Legal Secretary
§453.1.14 Procedure
§453.2 Reserved
§453.3 Interrogatories
§453.3.1 Procedure
§453.4 Production of Documents and Things and Entry Upon Land for
Inspection and Other Purposes
§453.4.1 Form
§453.4.2 Production of Documents and Things Without Deposition
§453.4.3 Procedure
§453.5 Request for Admissions
§453.5.1 Procedure
§453.6 Examination of Persons
§453.7 Evaluation of Minor Child
§453.8 Order Compelling Discovery
§454 Other Actions Which May Be Taken Before Trial
§454.1 Stipulations
§454.2 Substitution of Attorneys
§454.3 Withdrawal of Attorneys
§454.4 Addition of Attorneys
§454.5 Procedure
§455 Appointment of Guardian Ad Litem
§456 Parenting Courses
§457 Pretrial Procedure
§457.1 Case Management Conference
§457.2 Setting the Case for Trial
§457.3 Pretrial Conference
§457.4 Notice
§457.5 Dismissal of Action
§457.6 Pretrial Order
§458 Referral to General and/or Special Master
§458.1 General Master
§458.2 Special Masters
§459 Mediation of Contested Issues
§459.1 General
§459.2 Mediation Process
§459.3 Referral
§459.4 Appointment of Mediator
§459.5 Procedures
§460 Final Hearing
§461 Uncontested Dissolution Action
§462 Contested
§463 Final Disposition Form
§464 Role of Legal Secretary After Final Judgment
§470 Post-judgment
§471 Motions for Rehearing, Amendment of Judgment
§472 Modification
§472.1 Procedure
§473 Enforcement of Child Support, Alimony Orders, and Visitation
§473.1 Generally
§473.2 Depository
§473.3 Income Deduction Order
§473.4 Contempt
§473.5 Visitation
§473.6 Suspension of Driver’s Licenses and Motor Vehicle
Registrations
§473.7 Writs
§480 Miscellaneous Proceedings
§481 Separate Maintenance
§482 Simplified Dissolution of Marriage
§483 Injunction for Protection Against Domestic Violence
§483.1 Definitions
§483.2 Bringing the Action Generally
§483.3 Temporary Injunction
§483.4 The Injunction
§483.5 Violation of Injunction
§483.6 Mutual Orders of Protection
§483.7 Repeat Domestic Violence
§483.8 Procedure
§490 Uniform Interstate Family Support Act
§491 Definitions
§492 Jurisdiction
§492.1 Nonresidents
§492.2 Procedures Regarding Nonresidents
§492.3 Simultaneous Proceedings in Another State
§492.4 Continuing Exclusive Jurisdiction
§492.5 Enforcement and Modification of Support Order
§492.6 Child Support Orders
§492.7 Child Support Orders for Multiple Obligees
§492.8 Credit for Payments
§493 General Application
§493.1 Florida Law
§493.2 Initiating Tribunals
§493.3 Responding Tribunals
§493.4 Pleadings
§493.5 Nondisclosure of Information
§493.6 Special Rules
§494 Support Orders
§495 Enforcement and Modification of Support Orders
§495.1 Effect of Registration
§495.2 Notice of Registration
§495.3 Procedure to Contest Validity
§495.4 Procedure to Contest Registration
§495.5 Registration of Order
Volume 2
5. Estate Planning and Administration
§500 Introduction
§501 Durable Power of Attorney
§501.1 Property Subject to Durable Power of Attorney
§501.2 Effect of Delegation, Revocation, or Filing of Petition to
Determine Incapacity
§501.3 Protection Without Notice; Good Faith Acts; Affidavits
§501.4 Notice and Service
§501.5 Powers and Limitations of Attorney-in-Fact
§501.6 Multiple Attorneys in Fact
§502 Health Care Advance Directives, Health Care Surrogate, and
Life-Prolonging Procedures (Living Will)
§502.1 Definitions
§502.2 Advance Directives
§502.3 Pain Management and Palliative Care
§502.4 Transfer of a Patient
§502.5 Falsification, Forgery, or Willful Concealment, Cancellation or
Destruction of Directive; Revocation or Amendment
§502.6 Review of Decision of Surrogate/Proxy
§502.7 Amendment or Revocation
§503 Health Care Surrogate
§503.1 Capacity of Principal; Procedure
§503.2 Responsibilities of Surrogate
§504 Life Prolonging Procedures; Living Will
§504.1 Introduction
§504.2 Procedure
§504.3 Absence of Living Will
§504.4 Determination of Patient Condition
§505 Absence of Advance Directives
§505.1 Persistent Vegetative State
§505.2 The Proxy
§506 Anatomical Gifts Act
§506.1 Definitions
§506.2 Who May Be A Donor
§506.3 Authorized Donees and Purposes for Which Gifts May be Made
§506.4 Manner of Executing Anatomical Gifts
§506.5 Delivery of Document; Organ and Tissue Donor Registry
§506.6 Amendment or Revocation of the Gift
§506.7 Procedure
§507 Expedited Judicial Intervention Concerning Medical Treatment
Procedures
§507.1 Petition
§507.2 Notice
§507.3 Hearing
§508 Procedure Generally
§510 Wills and Codicils
§511 Requirements of a Will
§511.1 Execution of the Will
§511.2 Self-Proof of Will
§511.3 Who May Be a Witness
§512 Writing the Will
§512.1 Estate Plan Data Sheet
§512.2 Will Format
§513 Typing the Will
§514 Procedure
§515 The Codicil
§515.1 Procedure
§516 Revocation of Will or Codicil
§520 Trusts
§521 Types of Trusts
§521.1 The Testamentary Trust
§521.2 The Irrevocable Living Trust
§521.3 The Revocable Living trust
§521.4 The Reverter Trust
§522 Trust Procedure Generally
§522.1 Principal Place of Administration of Trust
§522.2 Qualification of Foreign Trustee
§522.3 Revocable Trust Prior to Dissolution of Marriage
§522.4 Execution Requirements for Express Trusts
§523 Trustees
§523.1 Duties and Responsibilities of Trustee
§523.2 Personal Liability of Trustee
§523.3 Notice of Trust
§523.4 Powers of Trustee
§523.5 Court’s Power to Permit Deviation or Approve Transactions
Involving Conflict of Interest
§524 Judicial Modification of Trusts
§525 Nonjudicial Modification of Trusts
§526 The Legal Secretary’s Role in Trust Preparation
§527 Procedure
§530 Estate Administration
§531 General
§531.1 Introduction
§531.2 Definitions
§531.3 Evidence of Death or Status
§531.4 Pleadings, Motions, and Verification of Documents
§531.5 Execution by Personal Representative
§531.6 Venue of Probate Proceedings
§531.7 Suspension of Statutes of Limitations
§531.8 Intestate Succession
§531.8.1 Adopted Persons and Persons Born Out of Wedlock
§531.8.2 Escheat
§531.9 Appointment of an Administrator or Guardian ad Litem
§531.10 Appointment of a Curator
§532 Role of Attorney in Probate
§533 Production and Proof of Wills
§533.1 General
§533.1.1 Procedure
§533.2 Proof of Will by Commission
§533.2.1 Procedure
§534 Filing Evidence of Death
§535 Disposition of Personal Property Without Administration
§536 Adversary Proceedings
§536.1 Notice and Procedure
§536.2 Caption for Adversary Hearing
§537 Notice and Representation
§537.1 Formal Notice
§537.1.1 Procedure
§537.2 Informal Notice
§537.2.1 Procedure
§537.3 Notice of Civil Action or Ancillary Administration
§537.4 Waiver and Consent
§537.4.1 Procedure
§537.5 Request for Notice and Copies
§537.5.1 Procedure
§537.6 Effect of Notice
§537.7 Representation
§538 Miscellaneous Estate Procedures
§538.1 Caveat Proceedings
§538.1.1 Procedure
§538.2 Safe Deposit Box
§538.2.1 Procedure
§538.3 Revocation of Probate
§539 Florida Uniform Disposition of Community Property Rights at Death
§539.1 Perfection of Title
§539.2 Purchaser for Value or Lender, Creditors’ Rights
§540 Elective Share
§540.1 General
§540.2 Definitions
§541 Property Entering into Elective Estate
§541.1 Exclusions and Overlapping Application
§541.2 Valuation of the Elective Estate
§541.3 Amount of Elective Share
§542 Sources from Which Elective Share Payable; Abatement
§543 Liability of Direct Recipients and Beneficiaries
§544 Valuation of Property Used to Satisfy Elective Share
§544.1 Definitions
§544.2 Value of Property
§545 Effect of Election on Other Interests
§545.1 Protection of Payors and Other Third Parties
§546 Election
§546.1 Who May Exercise Right of Election
§546.2 Time of Election; Extensions; Withdrawal
§547 Order of Contribution; Personal Representative’s Duty to
Collect Contribution
§550 [Reserved]
§560 Summary Administration
§561 Requirements for Summary Administration
§561.1 Venue
§561.2 Filing Death Certificate
§562 Petition for Summary Administration
§562.1 Who May File
§562.2 Contents of Petition
§562.3 Procedure
§563 Notice to Creditors
§564 Summary Administration Hearing
§565 Summary Administration Distribution
§566 Role of the Legal Secretary
§570 Formal Administration
§571 Introduction
§571.1 General
§571.2 Service of Pleadings and Papers
§571.3 Service of Orders
§571.4 Filing Documents
§571.5 Time
§571.6 Effect of Probate
§571.7 Suspension of Statute of Limitations in Favor of Personal
Representative
§571.8 Determination of Beneficiaries
§571.9 Costs and Attorneys Fees
§572 Requirements for Formal Administration
§573 Petition for Formal Administration
§573.1 Who May File
§573.2 Venue
§573.3 Probate of Will
§573.4 Contents of Petition
§573.5 Petition for Formal Administration
§573.5.1 Multiple Personal Representatives
§573.5.2 Procedure
§573.6 Notice and Representation
§573.6.1 Procedure
§573.7 Waiver and Consent/Request for Notice
§573.7.1 Procedure
§573.8 Representation
§574 Appointment of Personal Representative; Issuance of Letters
§574.1 Order Admitting Will to Probate and Appointment of Personal
Representative
§574.2 Appointment of Personal Representative
§574.2.1 Preference in Appointment of Personal Representative
§574.2.2 Persons Not Qualified
§574.2.3 Nonresidents
§574.2.4 Trust Companies and other Corporations and Associations
§574.3 Oath of Personal Representative
§574.3.1 Procedure
§574.4 Bond of Personal Representative
§574.4.1 Procedure
§574.5 Letters of Administration
§574.6 Notice of Administration
§574.6.1 Procedure
§574.7 Powers and Duties of Personal Representative
§574.8 Interim Accountings
§575 Inventory
§575.1 Inventory
§575.2 Preparation of Inventory
§575.2.1 Procedure
§576 Creditors’ Claims
§576.1 Notice to Creditors; Filing of Claims
§576.2 Limitations on Presentation of Claims
§576.3 Form and Manner of Presenting Claims
§576.4 Payment of and Objection to Claims
§576.4.1 Procedure for Objection to Claims
§576.5 Procedure for Payment of Claims
§576.6 Order of Payment of Expenses and Obligations
§576.7 Compromise
§576.8 Execution and Levies
§576.8.1 Procedure
§576.9 Limitations on Claims Against Estates
§577 Special Procedures
§577.1 Spouse’s Share of Intestate Estate
§577.2 Elective Share
§577.2.1 General
§577.2.2 Election Procedure
§577.2.3 Petition for Dower
§577.2.4 Pretermitted Spouse
§577.2.5 Procedure
§577.3 Homestead Property
§577.3.1 Procedure
§577.4 Exempt Property
§577.4.1 Procedure
§577.5 Family Allowance
§577.5.1 Procedure
§577.6 Continuance of Unincorporated Business or Venture
§577.7 Sales of Real Property
§577.8 Partition for Purposes of Distribution
§577.9 Compulsory Payment of Devises or Distributive Interests
§578 Taxes
§578.1 State of Florida
§578.1.1 Florida Estate Taxes
§578.1.2 Tangible Tax
§578.1.3 Intangible Tax
§578.2 Federal Taxes
§578.2.1 Decedent’s Income Tax Return-Form 1040/Fiduciary Income
Tax Return Form 1041
§578.2.2 Federal Estate/Gift Tax Return-Form 706
§578.3 Notice of Federal Estate Tax Return
§579 Compensation of Personal Representative and Professionals
§579.1 Compensation of Personal Representative
§579.2 Compensation of Attorney for Personal Representative
§579.3 Proceedings for Review of Employment of Persons Employed by
Personal Representative and Reasonableness of Compensation
§580 Closing the Estate
§581 General
§582 Extensions of Time
§582.1 Procedure
§583 Petition for Discharge and Final Accounting
§583.1 Petition for Discharge
§583.2 Final Accounting
§583.3 Objections to Petition for Discharge and/or Final Accounting
§583.4 Procedure
§584 Waivers
§584.1 Procedure
§585 Distribution and Final Discharge
§585.1 General
§585.2 Proceedings for Compulsory Payment of Devises or Distributive
Interest
§585.3 Order in Which Assets Abate
§585.4 Disposition of Proceeds of Death Benefits
§585.5 Distribution in Kind; Valuation
§585.6 Disposition of Unclaimed Property
§585.7 Final Discharge
§585.8 Procedure
§586 Subsequent Administration
§587 Role of Legal Secretary in Formal Administration
§588 Ancillary Administration
§588.1 Foreign Personal Representative
§588.2 Jurisdiction by Act of Personal Representative or Decedent
§588.3 Ancillary Administration
§588.4 Nonresident Decedent’s Testate Estate with Property Not
Exceeding $50,000 in Florida; Determination of Claims
§588.5 Admission to Record of Foreign Wills
§590 Glossary
6. Guardianship
§600 Introduction
§601 General
§601.1 Definitions
§601.2 Pleadings, Motions, and Verification of Documents
§601.3 Court Monitors
§601.4 Records of Proceedings
§601.5 Hearings
§602 Jurisdiction and Venue
§603 Types of Guardianship
§603.1 Natural Guardian
§603.2 Emergency Temporary Guardian
§603.3 Standby Guardianship
§603.4 Preneed Guardianship
§603.5 Foreign Guardianship
§603.6 Resident Guardian of Property of Nonresident Incapacitated
Person
§603.7 Voluntary Guardianship
§603.8 Public Guardianship
§603.9 Veterans Administration Guardianship
§603.10 Professional Guardian
§604 Selection of Guardians
§604.1 Persons Who May be Appointed Guardian of Resident Ward
§604.2 Considerations in Appointment of Guardian
§604.3 Investigation of Guardians
§605 Statute of Limitations
§606 Role of Attorney in Guardianship
§607 Notice and Filing
§607.1 Formal Notice
§607.1.1 Service of Formal Notice
§607.1.2 Procedure
§607.2 Informal Notice
§607.3 Waiver of Notice and Consent
§607.3.1 Procedure
§607.4 Request for Notice and Copies
§607.4.1 Procedure
§607.5 Effect of Notice
§608 Preneed Guardianship
§609 Expedited Judicial Intervention Concerning Medical Treatment
Procedures
§609.1 Petition
§609.2 Notice
§609.3 Hearing
§610 Commencement of Guardianship
§611 Procedures to Determine Incapacity
§611.1 Petition to Determine Incapacity
§611.1.1 Procedure
§611.2 Notice of Petition to Determine Incapacity
§611.2.1 Procedure
§611.3 Appointed Counsel
§611.4 Examining Committee
§611.5 Hearing on Incapacity
§611.6 Order Determining Incapacity
§611.7 Costs and Fees
§612 Appointment of Guardian
§612.1 Petition for Appointment of Guardian, Contents
§612.2 Emergency Temporary Guardianship
§612.3 Standby Guardian
§612.4 Foreign Guardians
§612.5 Voluntary Guardianship
§612.6 Notice
§612.7 Procedure
§613 Application for Appointment as Guardian
§614 Guardian Education Requirements
§614.1 Professional Guardian Education Requirements
§615 Responses to Petition, Adversary Proceedings, Discovery
§615.1 Notice and Procedure
§616 Order Appointing Guardian
§616.1 Procedure
§617 Requirements of Guardian Before Letters are Issued
§617.1 Oath of Guardian, Designation of Resident Agent and Acceptance
§617.1.1 Procedure
§617.2 Bond of Guardian
§617.2.1 Bond of Professional Guardian
§617.2.2 Procedure
§617.3 Depository for Ward’s Assets
§617.3.1 Procedure
§618 Letters of Guardianship
§620 Powers, Duties and Responsibilities of the Guardian
§621 Introduction
§622 Powers and Duties of Guardian
§622.1 Rights Only with Extraordinary Authority
§622.2 Powers of Guardian Upon Court Approval
§622.3 Powers of Guardian Without Court Approval
§622.4 Conflicts of Interest, Prohibited Activities; Court Approval
§623 Initial Guardianship Report; Initial Guardianship Plan; Inventory
§623.1 Initial Guardianship Report
§623.2 Initial Guardianship Plan
§623.3 Verified Inventory
§623.4 Procedure
§624 Annual Guardianship Report/Annual Guardianship Plan/Annual
Financial Return
§624.1 Annual Guardianship Reports
§624.2 Annual Guardianship Plan
§624.3 Annual Accounting
§624.4 Objections to Annual Guardianship Returns
§624.5 Procedure
§625 Review of Initial and Annual Reports
§625.1 Responsibilities of the Clerk of the Circuit Court
§625.2 Judicial Review of Guardianship Reports
§625.3 Relief to be Granted
§625.4 Judicial Review of Guardianship
§625.5 Masters’ Review of Guardianship Accountings and Plans
§626 Other Aspects of Guardianship Administration
§626.1 Petition and Notice for Authorization to Act or Approval of Acts
§626.2 Payments to Guardian (For Care of Ward)
§626.3 Settlement of Claims
§626.3.1 Generally
§626.3.2 Settlement of Minors’ Claims
§626.4 Actions by and Against Guardian or Ward
§626.5 Continuance of Unincorporated Business or Venture of Ward
§626.6 Conveyance of Various Property Rights by Guardian Authorized to
Manage Ward’s Property
§626.7 Application of Income of Property of Ward
§626.8 Petition for Support of Ward’s Dependents
§626.9 Change in Ward’s Residence
§626.10 Petition for Extraordinary Authority
§626.11 Procedure Generally
§630 Reserved
§640 Restoration of Capacity
§641 Venue: Time Limitation for Filing
§642 Suggestion of Capacity
§642.1 Procedure
§643 Order of Restoration
§650 Termination of Guardianship
§651 Termination—Resignation or Disqualification of Guardian
§651.1 Resignation/Disqualification
§651.2 Successor Guardian
§651.3 Procedure
§652 Removal of Guardian
§652.1 Reasons for Removal
§652.2 Removal, Accounting, Surrender of Property
§653 Termination—Change of Domicile of Ward
§654 Termination Procedure
§654.1 General
§654.1.1 Petition for Discharge
§654.1.2 Final Reports
§654.1.3 Notice
§654.1.4 Service
§654.1.5 Objections
§654.1.6 Waiver
§654.2 Discharge of Guardian Named as Personal Representative
§654.3 Order of Discharge
§654.4 Disposition of Unclaimed Funds Held by Guardian
§655 Guardian’s and Attorney’s Fees and Expenses
7. Criminal Law
§700 Criminal Law
§701 Introduction
§701.1 Role of Legal Secretary in Criminal Law
§701.2 New Client File
§701.3 Calendar/Docket Control
§701.4 Client Interview
§702 What Is a Crime?
§702.1 Sources of Criminal Law
§702.2 Capacity for Crime or Punishment
§702.2.1 Minority
§702.2.2 Incompetency/Insanity
§702.3 Elements of a Crime
§702.4 Participation in a Crime
§702.5 Classes of Offenses
§702.5.1 Felonies
§702.5.2 Misdemeanors
§703 Criminal Offenses Generally
§703.1 Crimes Against the Person
§703.2 Crimes Against Property
§703.3 Other Classes of Crimes
§704 Penalties/Punishment
§704.1 Death Penalty/Imprisonment
§704.2 Fines
§704.3 Three-Strike Violent Felony Offender; Habitual Felony Offenders,
Habitual Violent Felony Offenders, and Violent Career Criminals
§704.4 Minimum Sentence—Use of a Firearm
§704.5 Other Minimum Sentences—Generally
§704.6 Other Sentencing Options
§704.7 Restitution
§704.8 Civil Restitution Lien Orders
§704.8.1 Definitions
§704.8.2 Crime Victim—Determining Damages/Losses
§704.8.3 State/Local Subdivision—Determination of
Damages/Losses/Recovery
§704.8.4 Enforcement
§704.8.5 Lien Supplemental to Other Forms of Restitution
§705 Statute of Limitations—Prosecution of Crimes
§705.1 Generally
§705.2 Time Limitations
§705.3 Extensions or Exceptions to Time Limitations
§706 Jurisdiction and Venue
§706.1 Jurisdiction
§706.1.1 Special Maritime Jurisdiction
§706.2 Venue
§706.2.1 Place of Trial Generally
§706.2.2 Other Factors Determining Venue
§706.2.3 Transfer from County for Plea and Sentence
§707 Defenses Generally and Rights of the Accused
§707.1 Defenses
§707.2 Rights of the Accused
§708 Traffic Offenses
§708.1 Criminal Traffic Offenses
§708.2 Noncriminal Offenses
§710 From Arrest Through Arraignment
§711 General
§711.1 Service of Pleadings and Papers
§711.2 Filing Documents
§711.3 Preparation of Documents for Filing; Court Requirements
§711.4 Time
§711.4.1 Computing Time
§711.4.2 Enlargement of Time
§711.4.3 Time for Service of Motions and Notice of Hearing
§711.5 Providing Counsel to Indigents
§711.5.1 When Counsel Provided
§711.5.2 Duty of Booking Officer
§711.5.3 Waiver of Counsel
§711.5.4 Withdrawal of Defense Counsel After Judgment and Sentence
§711.6 Presence of Defendant at Proceedings
§712 Preliminary Proceedings
§712.1 Initiation of Process
§712.1.1 Arrest with Warrant
§712.1.2 Arrest without Warrant
§712.1.3 Arrest by Federal Law Enforcement Officers
§712.1.4 Notice to Appear
§712.1.5 Summons
§712.1.6 Rights of Person Arrested
§712.2 Search and Seizure at Time of Arrest
§712.2.1 Stop and Frisk Law
§712.2.2 Search of Person Arrested
§712.2.3 Strip Search
§712.3 Search/Inspection and Seizure with Warrant
§712.3.1 Search and Seizure Procedure Generally
§712.3.2 Grounds for Search and Seizure
§713.3.3 Search and Seizure of Occupied Private Dwelling
§713.3.4 Return of Property Seized
§712.4 Inspection Warrants
§712.5 Other Rights/Duties of Law Enforcement Officers
§712.5.1 Officer May Summon Assistance
§712.5.2 Officer May Break into Building
§713 Procedure After Arrest
§713.1 First Appearance
§713.2 Pretrial Release
§713.3 Pretrial Detention
§713.3.1 Motion Filed After First Appearance
§713.3.2 Pretrial Detention Hearing and Order
§713.3.3 Habeas Corpus; Motion to Dismiss; Preliminary Hearing
§713.4 Bail/Bond
§713.4.1 Bail Generally
§713.4.2 Setting or Modification of Bail After First Appearance
§713.4.3 Bail Before Conviction/Revocation
§713.4.4 Appearance Bonds
§713.4.5 Summons on Misdemeanor Charge
§714 Pretrial Probable Cause Determination and Preliminary Hearings
§714.1 Nonadversary Probable Cause Determination
§714.2 Adversary Preliminary Hearing
§715 Formal Charges by Indictment or Information
§715.1 Grand Jury
§715.1.1 Generally
§715.1.2 Who May Be Present During Grand Jury Proceedings
§715.1.3 Duties of Grand Jury
§715.1.4 Disclosure of Grand Jury Proceedings
§715.1.5 Publication of Report or Presentment
§715.2 Methods of Prosecution
§715.3 Form of Indictment/Information
§715.4 Statement of Particulars
§716 Joinder/Severance of Offenses and Defendants; Consolidation of
Related Offenses
§716.1 Joinder of Offenses and Defendants
§716.2 Consolidation of Related Offenses
§716.3 Severance of Offenses and Defendants
§717 Arraignment and Pleas
§717.1 Arraignment
§717.2 Pleas
§717.3 Plea Discussions and Agreements
§717.4 Acceptance of Guilty or Nolo Contendere Plea
§718 Role of Legal Secretary
§718.1 Arrest
§718.1.1 Procedure
§718.2 Bond/Pretrial Release
§718.2.1 Procedure
§718.3 Probable Cause Determination
§718.3.1 Procedure
§718.4 Indictment/Information
§718.4.1 Procedure
§718.5 Joinder/Consolidation
§718.5.1 Procedure
§718.6 Preliminary Motions to Dismiss Prior to Arraignment
§718.6.1 Procedure
§718.7 Arraignment/Pleas
§720 Pretrial Procedure
§721 Pretrial Motions
§721.1 Motions to Dismiss
§721.1.1 Procedure
§721.2 Motion for Continuance
§721.2.1 Procedure
§722 Reserved
§723 Suppression of Evidence
§723.1 Suppression of Evidence in Unlawful Search
§723.2 Suppression of Statement, Admission or Confession
§723.3 Procedure
§724 Deposition to Perpetuate Testimony
§724.1 Procedure
§725 Speedy Trial
§725.1 Procedure
§726 Notices Required
§726.1 Notice of Alibi
§726.1.1 Procedure
§726.2 Battered-Spouse Syndrome
§726.3 Notice of Intent to Seek Death Penalty
§726.4 Notice of Intent to Present Expert Testimony of Mental
Mitigation
§727 Change of Venue
§728 Pretrial Conference
§730 Discovery
§731 Generally
§731.1 Election of Defendant to Participate in Discovery
§731.1.1 Procedure
§731.2 Restricted Disclosure
§731.3 Matters Not Subject to Discovery
§731.4 In Camera Proceedings
§732 Disclosure to Prosecution
§733 Prosecution Discovery Obligation
§734 Defense Obligations
§735 Discovery Depositions
§735.1 Generally
§735.2 Depositions Prohibited Absent Court Order
§735.3 Transcripts
§735.4 Witness Coordinating Office
§735.5 Defendant’s Physical Presence
§735.6 Procedure
§736 Protective Orders
§737 Compelling Discovery
§737.1 Procedure
§738 Sanctions
§739 Other Motions Which May Arise After Discovery and Before Trial
§739.1 Procedure
§740 Reserved
§750 Reserved
§760 From Trial to Sentencing
§761 Generally
§762 Trial by Jury
§762.1 Introduction
§762.2 Voir Dire Examination, Oath, and Excusing of Member
§762.3 Challenge to Jury
§762.3.1 Challenge of the Jury Panel
§762.3.2 Challenge of Individual Members for Cause
§762.3.3 Peremptory Challenges
§763 Working With the Attorney Before and During Trial
§763.1 Before Trial
§763.2 During Trial
§764 Trial Procedure
§765 Verdict
§766 Post-Trial
§766.1 Motions; Procedure; Custody Pending Hearing
§766.2 Grounds for New Trial
§766.3 Grounds for Motion for Arrest of Judgment
§766.4 Conviction Sustains Only Lesser Offense
§766.5 Effect of Granting New Trial
§767 Post-Trial Release
§768 Petition to Expunge or Seal Criminal Record
§768.1 Requirements—Certificate of Eligibility and Sworn Statement
(Affidavit)
§768.2 Procedure
§770 Sentencing
§771 Generally
§772 Presentence Investigation and Report
§773 Sentencing Guidelines
§773.1 Offense Categories
§773.2 Rules and Definitions
§773.3 Nonexclusive Factors to Support Departure from Sentencing
Guidelines
§773.3.1 Aggravating Circumstances
§773.3.2 Mitigating Circumstances
§773.4 Role of Legal Secretary
§774 Concurrent vs. Consecutive Sentences
§775 Sentencing Hearing
§776 Capital Felonies
§776.1 Aggravating Circumstances
§776.2 Mitigating Circumstances
§777 Sentence of Death or Life Imprisonment for Capital Drug
Trafficking Felonies
§777.1 Aggravating Circumstances
§777.2 Mitigating Circumstances
§778 Probation and Community Control
§779 Correction, Reduction and Modification of Sentences
§780 Post Conviction Relief
§781 Motion to Vacate, Set Aside, or Correct Sentence
§782 Collateral Relief After Death Warrant Signed
§783 Criminal Appeal Reform Act of 1996
§783.1 Terms and Conditions of Appeals and Collateral Review
§783.2 Time Limitations for Post-conviction Proceedings in Capital
Cases
§783.3 Appeal by Defendant
§783.4 Collateral Relief
§783.5 Appeal by State
§783.6 Application for Executive Clemency
§784 Bail/Bond
§785 Appellate Orders
§790 Miscellaneous
§791 Criminal Contempt
§791.1 Direct Criminal Contempt
§791.2 Indirect Criminal Contempt
§792 Criminal Maximum Penalties
§793 Glossary of Terms
§794 Rules Time Chart |
