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12.285 - Florida "Mandatory Disclosure" - Text of Rule

FLORIDA FAMILY LAW RULE OF PROCEDURE

RULE 12.285. MANDATORY DISCLOSURE

(a) Application.

(1) Scope. This rule applies to all proceedings within the scope of these rules except proceedings involving adoption, simplified dissolution, enforcement, contempt, injunctions for protection against domestic, repeat, dating, or sexual violence, or stalking, and uncontested dissolutions when the respondent is served by publication and does not file an answer. Additionally, no financial affidavit or other documents shall be required under this rule from a party seeking attorneys’ fees, suit money, or costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor statute. Except for the provisions as to financial affidavits and child support guidelines worksheets, any portion of this rule may be modified by order of the court or agreement of the parties.

(2) Original and Duplicate Copies. Unless otherwise agreed by the parties or ordered by the court, copies of documents required under this rule may be produced in lieu of originals. Originals, when available, must be produced for inspection upon request. Parties shall not be required to serve duplicates of documents previously served.

(3) Documents Not to be Filed with Court; Sanctions.


(A) Except for the financial affidavit and child support guidelines worksheet, no documents produced under this rule shall be filed in the court file without first obtaining a court order.


(B) References to account numbers and personal identifying information to be filed in the court file are governed by Florida Rule of Judicial Administration 2.425.


(C) Sanctions are governed by rule 12.380.

(b) Time for Production of Documents.


(1) Temporary Financial Relief Hearings. Any document required under this rule in any temporary financial relief proceeding must be served on the other party for inspection and copying as follows.


(A) The party seeking relief must serve the required documents on the other party with the notice of temporary financial hearing, unless the documents have been served under subdivision (b)(2).


(B) The responding party must serve the required documents on the party seeking relief on or before 5:00 p.m., 2 business days before the day of the temporary financial relief hearing if served by delivery or 7 days before the day of the temporary financial relief hearing if served by mail or e-mail, unless the documents have been received previously by the party seeking relief under subdivision (b)(2). A responding party must be given no less than 12 days to serve the documents required under this rule, unless otherwise ordered by the court. If the 45-day period for exchange of documents provided for in subdivision (b)(2) will occur before the expiration of the 12 days, the provisions of subdivision (b)(2) control.


(2) Initial and Supplemental Proceedings. Any document required under this rule for any initial or supplemental proceeding must be served on the other party for inspection and copying within 45 days of service of the initial pleading on the respondent.


(c) Exemption from Requirement to File and Serve Financial Affidavit.