Civil & Family Court (2024)

Civil and Family cases are part of the Odyssey system.

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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

Are family court records public in NJ? ›

In addition to the final judgement of divorce cases, New Jersey law provides public access to documents providing details of all hearings, arraignments, sentencing, and appeal of divorce cases.

What are the differences between criminal and civil court? ›

Criminal Court judges can punish you for breaking the law by sending you to jail. Civil Court judges can order you to pay money or a fine, or make decisions about your family or your home.

What is an FV docket in New Jersey? ›

You will file under the FV docket if. you are filing for a temporary restraining order, dismissing a final restraining. order, or amending a prior domestic violence complaint.

What is an FM docket in NJ? ›

FM cases involve divorce, ending a civil union, or ending a domestic partnership. Motions you can request: Increase or decrease child support payments. End or continue child support. Increase, decrease, or End alimony or spousal support payments.

What happens if you don't show up to family court NJ? ›

The Impact of a Missed Child Custody Hearing in New Jersey

The hearing will go on – in most cases, it will not be rescheduled due to one party's unreported absence – and the judge will only hear the evidence provided by the person present.

How can I find out if someone is divorced in NJ? ›

New Jersey divorce decrees are available through the Superior Court of New Jersey Records Center.

What are the three most common types of civil cases? ›

The three most common civil cases are tort claims, contract breaches and landlord/tenant issues. Tort Claim - An act committed by one person that causes harm to another. Tort cases can take many different forms, and can relate to a person's personal safety, safety of their property, and financial security.

What is the burden of proof in a civil case? ›

In a civil lawsuit, the burden of proof rests on the plaintiff or the person filing the suit. The plaintiff should prove that the allegations are true and that the defendant, or the other party, caused damages. When it comes to establishing a civil case, the plaintiff must usually do so by a preponderance of evidence.

What is an example of civil law? ›

Examples of cases covered under civil law include negligence, fraud, breach of contract, medical malpractice and marriage dissolution. If someone damages another person's property, the victim may sue the perpetrator in civil court for the cost of the damage.

What does fo mean in court? ›

I'm here in California, but it probably means "felony outstanding". Your friend might have a felony warrant out for his arrest.

What is a first appearance in court NJ? ›

First appearance is the first point after initiation of a case that the judiciary is involved, advising of and protecting a defendant's constitutional rights, including preventing unconstitutional detention.

What is NJ first filed rule? ›

"Under the first-filed rule, a New Jersey state court ordinarily will stay or dismiss a civil action in deference to an already pending, substantially similar lawsuit in another state, unless compelling reasons dictate that it retain jurisdiction." Ibid. (citing O'Loughlin v. O'Loughlin, 6 N.J. 170, 179 (1951)).

How do I 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 long do you have to get indicted in NJ? ›

Grand Jury Indictment Timelines in New Jersey

90-Day Deadline: The prosecutor has 90 days from the date of the initial charge to secure an indictment. 180-Day Deadline: The state must resolve the case within 180 days of the indictment date. Otherwise, charges may be dismissed unless specific exemptions apply.

What is EDC court NJ? ›

Early disposition conference, commonly referred to as EDC, is one of the first court appearances a defendant will have at the Bergen County Superior Court. Other counties call these conferences pre-indictment conferences, or PIC for short. EDC court dates are simply conferences with the judge and the prosecutor.

How do I look up a child support case in NJ? ›

Call NJKiDS at 1-877-655-4371 for information about your child support case.

What is considered a public record in NJ? ›

"Government record" or "record" means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or ...

Are marriage records public in NJ? ›

Are New Jersey Marriage Records Public? New Jersey marriage records are generally open to the public. Residents can obtain copies of a marriage record by submitting an application to the Office of Vital Statistics & Registry, which maintains records of all marriages from 1918 till the present.

Can I use a voice recording as evidence in Family Court NJ? ›

Admissibility of recorded conversations in New Jersey

Under many state and federal laws, recorded conversations cannot be used in court as direct evidence because they constitute inadmissible hearsay. However, they are admissible when they fall under a hearsay exception and are relevant to the case.

References

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