Circuit Civil Department
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Attorney Hints
CIRCUIT CIVIL / COUNTY CIVIL / SMALL CLAIMS
WHAT KIND OF CASES ARE PROCESSED IN THE CIVIL DIVISION?
Circuit Civil cases are cases with claims in excess of
$15,000.01
County Civil cases are cases with claims of more than $5,000.01 but less than $15,000.
Small Claims cases are cases with claims of up to and including $5,000.00.
WHERE CAN I FILE A CIVIL CASE?
According to rule 2.025 cases and pleadings should be filed in the location where they occurred.
The guidelines are as follows:
Lower Keys, including the City of Key West to the west end of Spanish Harbor Bridge is served
by the Monroe County Courthouse in Key West. (MM1-34.5)
Middle Keys, beginning at the west end of Spanish Harbor Bridge to the east end of the Channel Five (5) Bridge. This includes the city of Marathon,
Key Colony Beach and Layton. This area is served by the Marathon Branch Courthouse. (MM35-69.5)
Upper Keys, beginning at the east end of Channel Five (5) Bridge and including Key Largo. This
includes Islamorada Village of Islands, and that portion of Monroe County situated upon the mainland of Florida. This area
is served by the Branch Courthouse located in the Upper Keys Government Center at Plantation Key. (MM70-113)
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Key West Courthouse 500 Whitehead Street Key West, FL 33040 305-294-4641 |
Marathon Branch Courthouse 3117 Overseas Highway Marathon, FL 33050 305-289-6027 |
Clerk of Court Upper Keys Gov't Center 88820 Overseas Highway Plantation Key, FL 33070 305-852-7145 |
Clerk of the Circuit Court 50 High Point Road Plantation Key, FL 33070 |
ARE THERE ANY SPECIAL REQUIREMENTS FOR DOCUMENTS FILED?
There are several requirements imposed by laws, rules, and orders,
which are summarized here.
PLEADINGS/DOCUMENTS:
Style of Orders/Pleadings must
be clearly titled to clearly indicate the subject matter of the document. A
Civil Cover Sheet is required at the time of initial complaint or petition. If a
complaint or petition is filed without a Civil Cover Sheet, all proceedings in
the action will be abated until the cover sheet is filed. Final Disposition
Forms are required to be filed by prevailing party along with Order of Judgment
disposing of action. Return of Transfers of Interests in Florida Real Property
(DR-219) is required in order for a Certificate of Title to be recorded.
SUBPOENAS:
Notice of Taking or Production of Documents required to be filed if
applicable, when a party is seeking inspection and copying of any documents on
things within the scope of RULE 1.350(a), Civil Rules of Procedure. Service
charges include Clerk's service charges for issuance of subpoena and sheriff's service fee
if service by sheriff is requested.
BONDS:
Cashier checks, money orders or cash are required for all bonds posted with the
Clerk EXCEPT for Non-Resident Cost Bonds which can be posted with a check from attorney's firm.
Surety Bonds - must be signed and sealed by a registered agent in the State of Florida. The bond amount must be double the
amount listed in the complaint. Surety bond approval - requires a service charge
for approval on all bonds posted with the exception of Replevin and Receiver bonds.
COURT REGISTRY:
Deposits - requested to be in form of cashier's check, money order
or cash. Cashier checks and money orders to be made payable to Clerk of the
Circuit Court. Deposit Fee - required
on each deposit in the court registry. Unless authorized by statute a court
order is required to deposit funds in the court registry. A court order is
required to disburse funds.
FAX COPIES:
Available upon receipt of a written request if requestor
has active, established deposit account with
funds available. Pleadings-may be filed by fax, but original hard copy
required to be deposited with or, mailed to the Clerk's Office.
MISCELLANEOUS:
Publication - when required, provide name of newspaper to be used
for publication. Final Judgments Address include address of property from
which person is being evicted - Match address on Writs of Possession to address
in Final Judgment Specify exact judgment or final Order when requesting a lien
for a case with more than one judgment or lien.
Multiple Case Numbers - show all case numbers on all related pleadings. Provide sufficient copies of original pleadings or documents for each case file when multiple case numbers shown on the pleading or document. Highlight the case number for each case file.
MAIL:
Include self-addressed envelope with postage for return of copies. Designate
applicable department in SEND TO address line on all mail. Include applicable
case number on certified mail receipts sent in as proof of service
ESCROW ACCOUNTS:
An escrow account is a sum of money deposited in an account with the
Clerk of the Circuit Court to cover copy costs, recording costs, etc. For information
on how to establish an escrow account, contact Clerk's Office, 305-292-3540.