A Florida Motion for Return of Property is a legal document filed in a Florida court to request a judge's order for the return of personal property that has been wrongfully taken or withheld. This motion is most commonly used in civil cases involving property disputes between two or more parties. There are two main types of Florida Motion for Return of Property: (1) a motion for return of property seized and retained by law enforcement, which asks the court to order the return of evidence or property taken during the course of a criminal investigation; and (2) a motion for return of property wrongfully withheld, which asks the court to order the return of property wrongfully taken or withheld by another party. Both types of motions require the filing party to provide evidence that the property was taken or withheld wrongfully, and that the return of the property would not unjustly harm the other party.
Florida Motion For Return of Property
Description Motion To Return Property
How to fill out Florida Motion For Return Of Property?
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FAQ
Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure provides that an action may be dismissed without an order of the court by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated, the dismissal is without prejudice.
The basic requirements for filing a motion to dismiss in a criminal case include: Be in writing and signed by the party or party's attorney making the motion. State the grounds for the case. A copy of the motion must be served on the adverse party. Be sworn by the defendant. Be accompanied by a certificate of service.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
Florida's ?two-dismissal rule? holds that a second voluntary dismissal will operate as a denial of adjudication ?of any claim for benefits previously subject to voluntary dismissal.? In other words, if your claim is dismissed twice, that specific claim is forever barred from being brought again.
A party may respond to a motion within fourteen days after service of the motion.
A Motion for Order to Show Cause asks the court for specific relief. The relief being requested can relate to many areas of family law. When a party files a Motion for Order to Show Cause, the court sets a hearing date for the parties to argue the matter before a family law judge.
Motion to Dismiss ? Rule 3.190(c)(4) Under the Florida Rules of Criminal Procedure, the trial court may entertain a motion to dismiss at any time if it is based on the ground that there are no issues of material fact and the undisputed facts do not establish a prima facie case of guilt.
After a party seeking affirmative relief in an action has completed the presentation of evidence, any other party may move for a dismissal on the ground that on the facts and the law the party seeking affirmative relief has shown no right to relief, without waiving the right to offer evidence if the motion is not