Emergency Motions for Ex Parte Relief

Granting an emergency motion without proper notice to the opposing party, absent a genuine emergency, deprives the opposing party of procedural due process.  All emergency motions for ex parte relief not expressly governed by Fla. Fam. L. R. P. 12.610 must strictly comply with Florida Rule of Civil Procedure 1.610. No such motion may be granted unless: 

  1. It appears from the specific facts shown by affidavit or verified pleading * that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and
  2. the movant’s attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required.

Fla. R. Civ. P. 1.610(a).

 * “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true.” § 92.525, Fla. Stat. 

The emergency motion must show (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur.  See e.g. Hunter v. Hunter, 36 So.3d 148 (Fla. 2d DCA 2010); Smith v. Knight, 679 So.2d 359 (Fla. 4th DCA 1996).

If the parties have minor children in common, the moving party must also file a UCCJEA affidavit (Form 12.902(d)).