Civil & Family Court (2024)

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Civil Court

Cases filed in the civil division of the Clerk’s Office fall either under the jurisdiction of County Court or Circuit Court.

Allactions may be filed at theMiami-Dade County Courthouseor atdistrict court locations.

County Court

County Court Cases

County court cases are governed by the rules of civil procedure. These rules cover cases where the amount of damages exceeds $8,000 but is not more than $50,000 as well as tenant eviction cases.

Small Claims Cases

Small Claims cases are where the amount of money does not exceed $8,000 exclusive of interest, court costs and attorney fees.

Circuit Court

Circuit court handles cases such as:

  • Cases where the amount of money exceeds $50,001, exclusive of interest, court costs and attorney fees
  • Eviction cases where damages claimed exceed $50,001
  • Actions of ejectment
  • Actions involving the title and boundaries of real property 
  • Issuance of injunctions -such as:
    • Replevin 
    • Negligence 
    • Professional Malpractice 
    • Products Liability 
    • Mortgage Foreclosures 
    • Eminent Domain 
    • BondEstreatures 
    • Writs 
    • Foreign Judgments

A deputy clerk may be able to assist you with the filing of a small claims suit. Forms are available in Room 137 of the Miami-Dade County Courthouse and at the district court locations. You may need an attorney to assist you on all other matters. Fee schedules and additional information are available at those locations or by calling 786-29-CIVIL.

Notice of Order to Seal

Order partially granting motion to seal pursuant to Florida Rule of Judicial Administration 2.420.

Certified Copies for Civil Cases

Request certified copies of civil cases online, by mail or in person.

Request Certified Copies for Civil Cases

  • Each defendant in excess of 5 - $2.50
  • Filing fee for claims < $100 - $55
  • Filing fee for claims ($100 - $500) - $80
  • Filing fee for claims ($500.01 - $2,500) - $175
  • Filing fee for claims > $2,500 and <= $15,000 - $300
  • Filling fee for claims ($15,000.01 - $50,000) - $400
  • Filling fee for claims over $30,000 - $401
  • Eviction cases - $185
  • Appeal to Circuit Court - $281
  • Appeal to District Court of Appeals: Check written to District Court - $300
  • Appeal to District Court of Appeals: Collected by Clerk - $100
  • Filing fee for reopening a case for claims <$500.01 - $25
  • Filing fee for reopening a case for claims >$500 - $50
  • Proceedings of garnishment, attachment, replevin & distress - $85
  • Attorney appearing pro hac vice - $100
  • Cross claim, counterclaim, 3rd party complaint filing fee < $2,500 - $0
  • Cross claim, counterclaim, 3rd party complaint filing fee >= $2,500 and <= $15,000 - $295
  • Cross claim, counterclaim, 3rd party complaint filing fee >= $15,000 and <= $50,000 - $395
  • Issuance of summons - $10
  • Foreign Judgment - $42
  • Transfer of Lien - $10
  • Claims <= $1,000 filed with action for replevin of property that is subject of claim - $130
  • Sheriff Service of Process - $40
  • Filing petition for contraband forfeiture - $1,002
  • Posting bond in registry for contraband forfeiture - $1,500

Other Fees:

  • Examining, comparing, correcting, verifying & certifying transcripts - $5
  • In appellate proceedings, per page, Preparing, numbering & indexing original record of appellate proceedings, per instrument - $3.50
  • Verifying an instrument prepared by someone other than clerk - $3.50
  • Writing paper other than specifically mentioned, same as for copying, including signing and sealing - $7
  • Oath, administering, attesting and sealing - $3.50
  • Validating certificates - $3.50
  • Preparing affidavit of domicile - $5
  • Exemplified clerk certificates, including signing and sealing - $7
  • Authenticated clerk certificates, including signing and sealing - $7
  • Issuing and filing subpeona for a witness, including signing & sealing - $7
  • Signing and sealing subpeona - $2
  • Searching records, each year - $2
  • Payment plan fee - $25
  • Certified or registered mail postal charges - Cost
  • Non-sufficient funds: <= $50 - $25
  • Non-sufficient funds: $50.01 to $300 - $30
  • Non-sufficient funds: > $300 - >of $40 or 5% of check
  • Interest Rates on Final Judgments - October 1, 2023 - December 31, 2023 - 8.54%

Family Court

Family Court handles three broad categories of cases: domestic relations, probate, and domestic violence.

The court can assist you with:

  • Baker Acts
  • Guardianship
  • Marchman Acts
  • Restraining orders
  • Wills and Probate
  • Marriage licenses
  • Simplified Divorces

Non-Criminal Justice Applicant’s Privacy Rights

Pursuant to the FBI Compact Council Agency Privacy Requirements for Non-Criminal Justice Applicants, the Clerk of the Court and Comptroller as an “Official” must provide the applicant of a Name Change Petition with written Notice of the usage of his/her fingerprints. As such, this Notice serves to inform all applicants pursuing a Name Change that your fingerprints will be used to check the criminal history records of the Federal Bureau of Investigation (FBI).

Certified Copies for Family Cases

Request certified copies for family cases online, by mail or in person.

Request Certified Copies for Family Cases

  • Adoptions, including sealing the file - $443
  • Dissolution of marriage - $409
  • All other actions(except non-domestic petitions) - $301
  • Non-domestic-related petitions - $401
  • Each defendant in excess of 5 - $2.50
  • Appeal to District Court of Appeals (Check written to District Court) - $300
  • Appeal to District Court of Appeals (Collected by Clerk) - $100
  • Proceedings of garnishment, attachment, replevins and distress - $85
  • Filing fee for reopening a case - $50
  • Attorney appearing pro hac vice - $100
  • Notice of recording foreign judgments - new suits - $42
  • Cross claim, counterclaim 3rd party complaint filing fee - $295
  • Maintain professional guardian files - $7.50

Other Fees:

  • Examining, comparing, correcting, verifying & certifying transcripts - $5
  • In appellate proceedings, per page, Preparing, numbering & indexing original record of appellate proceedings, per instrument - $3.50
  • Verifying an instrument prepared by someone other than clerk - $3.50
  • Writing paper other than specifically mentioned, same as for copying, including signing and sealing - $7
  • Oath, administering, attesting and sealing - $3.50
  • Validating certificates - $3.50
  • Preparing affidavit of domicile - $5
  • Exemplified clerk certificates, including signing and sealing - $7
  • Authenticated clerk certificates, including signing and sealing - $7
  • Issuing and filing subpoena for a witness, including signing & sealing - $7
  • Signing and sealing subpoena - $2
  • Searching records, each year - $2
  • Payment plan fee - $25
  • Certified or registered mail postal charges - Cost
  • Non-sufficient funds: <= $50 - $25
  • Non-sufficient funds: $50.01 to $300 - $30
  • Non-sufficient funds: > $300 - >of $40 or 5% of check
  • Interest Rates on Final Judgments - October 1, 2023 - December 31, 2023 - 8.54%

Related Resources

  • Attorney of Record Contact Us Form
  • Administrative Order 04-05 Re-Establishment and Jurisdiction of County Court Districts
  • Administrative Order 06-41
  • Administrative Order 14-13
  • Administrative Order 16-05
  • Administrative Order 16-05-A1
  • Application For Determination of Civil Indigent Status
  • Attorney of Record Change of Address Form
  • Bond
  • Civil Action Summons (B) Form for Personal Service on a Natural Person
  • Civil Cover Sheet
  • Claim of Exemption and Request for Hearing
  • Complaint for Replevin
  • Designation of Current Mailing and E-mail Address (Florida Family Law Form 12.915)
  • Designation of E-mail Address for a Party Not Represented by an Attorney (Form 2.602)
  • Execution
  • Final Disposition
  • Final Judgment in Replevin (b) Judgment in Favor of Plaintiff when Defendant has Possession
  • Final Judgment in Replevin (a) Judgment in Favor of Plaintiff when Plaintiff Has Possession 
  • Florida Contraband Forfeiture Act Cash Bond Receipt
  • Notice of Commencement of Action
  • Order for Issuance of Writ of Replevin
  • Order for Issuance of Writ of Replevin on Show Cause Hearing
  • Plaintiff Statement
  • Request To Be Excused From E-mail Service For Party Not Represented By Attorney (Form 2.601)
  • Residential Eviction Summons
  • Statement of Claim (Co-Maker)
  • Statement of Claim (Auto Negligence)
  • Statement of Claim (Back Rent)
  • Statement of Claim (Money Lent)
  • Statement of Claim (Promissory Note)
  • Statement of Claim (Return of Security Deposit)
  • Statement of Claim (Return of Stolen Property)
  • Statement of Claim (Third Party-Bad Checks)
  • Statement of Claim (Towed and /or Stored Vehicles)
  • Statement of Claim (Work Done and Materials Furnished)
  • Subpoena Duces Tecum for Deposition
  • Subpoena Duces Tecum for Trial
  • Subpoena Duces Tecum without Deposition-A
  • Subpoena Duces Tecum without Deposition-B
  • Subpoena for Deposition
  • Subpoena for Trial (a) for Issuance by Clerk
  • Summons 5 Days Corporate Service
  • Summons 20 Day Corporate Service
  • Waiver of Service of Process
Civil & Family Court (2024)
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