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Fla. Fam. L.R.P. 12.625 12.630

Fla. Fam. L.R.P. 12.625 12.630 - Proceedings Against Surety on Judicial Bonds Extraordinary Remedies

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Verbatim reference text. This is the full, unedited text of Fla. Fam. L.R.P. 12.625 12.630, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

RULE 12.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS When any rule or statute requires or permits giving of bond by a party in a judicial proceeding, the surety on the bond submits to the jurisdiction of the court when the bond is approved. The surety must furnish the address for the service of documents affecting the surety’s liability on the bond to the officer to whom the bond is given at that time. The liability of the surety may be enforced on motion without the necessity of an independent action. The motion must be served on the surety at the address furnished to the officer. The surety must serve a response to the motion within 20 days after service of the motion, asserting any defenses in law or in fact. If the surety fails to serve a response within the time allowed, a default may be taken. If the surety serves a response, the issues raised must be decided by the court on reasonable notice to the parties. The right to jury trial may not be abridged in any such proceedings. RULE 12.630. EXTRAORDINARY REMEDIES (a) Applicability. This rule applies to actions for the issuance of writs of mandamus, prohibition, quo warranto, and habeas corpus. (b) Initial Pleading. The initial pleading must be a petition. It must contain: (1) the facts on which the petitioner relies for relief; (2) a request for the relief sought; and (3) if desired, argument in support of the petition with citations of authority. The caption must show the action filed in the name of the petitioner in all cases and not on the relation of the state. When the petition seeks a writ directed to a lower court or to a governmental or administrative agency, a copy of as much of the record as is necessary to support the petitioner’s petition must be attached. Family Law Rules of Procedure October 1, 2025 183

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