Florida Family Law Rule 12.040
RULE 12.040. ATTORNEYS
(a) Limited Appearance. An attorney of record for a party,
in a family law matter governed by these rules, shall be the attorney
of record throughout the same family law matter, unless at the time
of appearance the attorney files a notice, signed by the party,
specifically limiting the attorney’s appearance only to the particular
proceeding or matter in which the attorney appears.
(b) Withdrawal or Limiting Appearance.
(1) Prior to the completion of a family law matter or
prior to the completion of a limited appearance, an attorney of
record, with approval of the court, may withdraw or partially
withdraw, thereby limiting the scope of the attorney’s original
appearance to a particular proceeding or matter. A motion setting
forth the reasons must be filed with the court and served upon the
client and interested persons.
(2) The attorney shall remain attorney of record until
such time as the court enters an order, except as set forth in
subdivision (c) below.
(c) Scope of Representation.
(1) If an attorney appears of record for a particular
limited proceeding or matter, as provided by this rule, that attorney
shall be deemed “of record” for only that particular proceeding or
matter. Any notice of limited appearance filed shall include the
name, address, e-mail address(es), and telephone number of the
attorney and the name, address, and telephone number of the
party. If the party designates e-mail address(es) for service on and
by that party, the party’s e-mail address(es) shall also be included.
At the conclusion of such proceeding or matter, the attorney’s role
terminates without the necessity of leave of court, upon the
attorney filing a notice of completion of limited appearance. The
notice, which shall be titled “Termination of Limited Appearance,”
shall include the names and last known addresses of the person(s)
represented by the withdrawing attorney.
(2) An attorney for the State’s Title IV-D child support
enforcement agency who appears in a family law matter governed
by these rules shall file a notice informing the recipient of Title IV-D
services and other parties to the case that the IV-D attorney
represents only the Title IV-D agency and not the recipient of IV-D
services. The notice must state that the IV-D attorney may only
address issues concerning determination of paternity, and
establishment, modification, and enforcement of support
obligations. The notice may be incorporated into a pleading, motion,
or other document filed with the court when the attorney first
appears.
(d) Preparation of Pleadings or Other Documents. A party
who files a pleading or other document of record pro se with the
assistance of an attorney shall certify that the party has received
assistance from an attorney in the preparation of the pleading or
other document. The name, address, and telephone number of the
party shall appear on all pleadings or other documents filed with
the court. If the party designates e-mail address(es) for service on
and by that party, the party’s e-mail address(es) shall also be
included.
(e) Notice of Limited Appearance. Any pleading or other
document filed by a limited appearance attorney shall state in bold
type on the signature page of that pleading or other document:
“Attorney for [Petitioner] [Respondent] [attorney’s address, e-mail
address(es), and telephone number] for the limited purpose of
[matter or proceeding]” to be followed by the name of the petitioner
or respondent represented and the current address and telephone
number of that party. If the party designates e-mail address(es) for
service on and by that party, the party’s e-mail address(es) shall
also be included.
(f) Service. During the attorney’s limited appearance, all
pleadings or other documents and all notices of hearing shall be
served upon both the attorney and the party. If the attorney
receives notice of a hearing that is not within the scope of the
limited representation, the attorney shall notify the court and the
opposing party that the attorney will not attend the court
proceeding or hearing because it is outside the scope of the
representation.
Committee Notes
2012 Amendment. Subdivisions (c), (d), and (e) are amended
to provide e-mail addresses in accordance with Florida Rule of
Judicial Administration 2.516.
(a) Limited Appearance. An attorney of record for a party,
in a family law matter governed by these rules, shall be the attorney
of record throughout the same family law matter, unless at the time
of appearance the attorney files a notice, signed by the party,
specifically limiting the attorney’s appearance only to the particular
proceeding or matter in which the attorney appears.
(b) Withdrawal or Limiting Appearance.
(1) Prior to the completion of a family law matter or
prior to the completion of a limited appearance, an attorney of
record, with approval of the court, may withdraw or partially
withdraw, thereby limiting the scope of the attorney’s original
appearance to a particular proceeding or matter. A motion setting
forth the reasons must be filed with the court and served upon the
client and interested persons.
(2) The attorney shall remain attorney of record until
such time as the court enters an order, except as set forth in
subdivision (c) below.
(c) Scope of Representation.
(1) If an attorney appears of record for a particular
limited proceeding or matter, as provided by this rule, that attorney
shall be deemed “of record” for only that particular proceeding or
matter. Any notice of limited appearance filed shall include the
name, address, e-mail address(es), and telephone number of the
attorney and the name, address, and telephone number of the
party. If the party designates e-mail address(es) for service on and
by that party, the party’s e-mail address(es) shall also be included.
At the conclusion of such proceeding or matter, the attorney’s role
terminates without the necessity of leave of court, upon the
attorney filing a notice of completion of limited appearance. The
notice, which shall be titled “Termination of Limited Appearance,”
shall include the names and last known addresses of the person(s)
represented by the withdrawing attorney.
(2) An attorney for the State’s Title IV-D child support
enforcement agency who appears in a family law matter governed
by these rules shall file a notice informing the recipient of Title IV-D
services and other parties to the case that the IV-D attorney
represents only the Title IV-D agency and not the recipient of IV-D
services. The notice must state that the IV-D attorney may only
address issues concerning determination of paternity, and
establishment, modification, and enforcement of support
obligations. The notice may be incorporated into a pleading, motion,
or other document filed with the court when the attorney first
appears.
(d) Preparation of Pleadings or Other Documents. A party
who files a pleading or other document of record pro se with the
assistance of an attorney shall certify that the party has received
assistance from an attorney in the preparation of the pleading or
other document. The name, address, and telephone number of the
party shall appear on all pleadings or other documents filed with
the court. If the party designates e-mail address(es) for service on
and by that party, the party’s e-mail address(es) shall also be
included.
(e) Notice of Limited Appearance. Any pleading or other
document filed by a limited appearance attorney shall state in bold
type on the signature page of that pleading or other document:
“Attorney for [Petitioner] [Respondent] [attorney’s address, e-mail
address(es), and telephone number] for the limited purpose of
[matter or proceeding]” to be followed by the name of the petitioner
or respondent represented and the current address and telephone
number of that party. If the party designates e-mail address(es) for
service on and by that party, the party’s e-mail address(es) shall
also be included.
(f) Service. During the attorney’s limited appearance, all
pleadings or other documents and all notices of hearing shall be
served upon both the attorney and the party. If the attorney
receives notice of a hearing that is not within the scope of the
limited representation, the attorney shall notify the court and the
opposing party that the attorney will not attend the court
proceeding or hearing because it is outside the scope of the
representation.
Committee Notes
2012 Amendment. Subdivisions (c), (d), and (e) are amended
to provide e-mail addresses in accordance with Florida Rule of
Judicial Administration 2.516.