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BenchPath

Ex Parte Motion

Before filing

  1. 1

    Confirm the motion is one the law allows ex parte

    The class is narrow — clerk defaults, some emergency injunctive relief, and specific local rules such as Broward's county-civil ex parte motions to compel.

    Rule: Local Rule 11 — County civil ex parte motions to compel discovery →
  2. 2

    Read the division's ex parte submission instructions

    Divisions vary sharply: some route ex parte matters through chambers queues, others refuse them outside enumerated classes.

Filing

  1. 3

    File the motion with a proposed order and state the ex parte basis plainly

    Rule: E-Filing Through the Statewide Portal — Fla. R. Gen. Prac. & Jud. Admin. 2.525(b) →
  2. 4

    Serve immediately unless service itself is excused by the authority permitting ex parte relief

    Rule: Service Through the Portal and by E-mail — Fla. R. Gen. Prac. & Jud. Admin. 2.516 →

After the hearing

  1. 5

    If the order enters, serve it on every party at once

Steps marked “check the division's instructions” vary by judge — that variance is exactly what BenchPath tracks. Search your county and division for the specific requirements before relying on the generic sequence. Not legal advice.