If you file a case in Duval County by mistake, you will need to contact the division in which you filed the case to find out options for re-filing. If you submitted the case via the ePortal and it has not yet been set to FILED status, you can request that the case be set to Correction Queue status.
For all Circuit Civil filings, please email circuitcivil@duvalclerk.com to request your filing be sent to the correction queue. What if I filed the case in the wrong county? If you file a case in Duval County by mistake, you will need to contact the division in which you filed the case to find out options for re-filing.
The Duval County Clerk of the Court does not want you to forward any document to the Duval County Courthouse that has been successfully eFiled. This could result in duplicate cases being created and duplicate filing fees. Last Will and Testament (Original Death Notices do NOT need to be forwarded if they have been eFiled).
Self-represented filers should contact the Duval County Clerk of Court CORE Helpdesk at (904)255-2389 for issues relating to CORE access. The Duval Clerk of Court now offers online training via Zoom!
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
Under Section 27,23 Rule 138 of the Rules of Court, a lawyer may be disbarred on any of the following grounds, namely: (1) deceit; (2) malpractice; (3) gross misconduct in office; (4) grossly immoral conduct; (5) conviction of a crime involving moral turpitude; (6) violation of the lawyers oath; (7) willful ...
If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.
You Can Sue Your Attorney Under Florida statute of limitations, you have up to two years to file your suit against your former attorney. In such cases, you must have adequate proof of the alleged negligence regarding your case. You must be able to show that you had a contract or relationship with your former attorney.
The most common penalties for violating ethical rules are disbarment, suspension, and public or private censure. Disbarment is the revocation of an attorney's state license, permanently rendering the attorney unqualified to practice law.
Grossly immoral conduct must be an act that is "so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree."
A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.
No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.
In order to successfully bring forth a legal malpractice claim against your former attorney, you will need to:Establish that there was an attorney-client relationship.Provide evidence of communication with your lawyer, or attempts to communicate with him/her.Provide evidence from your original case.
two yearsUnder Florida law (Florida Statutes § 95.11 (4)(a)), professional malpractice claims, including legal malpractice claims, are generally governed by a two-year statute of limitations. In other words, clients have two years to file a claim against their attorney/law firm for negligence.
Florida law allows you to sue hospitals, doctors, surgeons, and other medical professionals if they injure you. However, to obtain compensation for your injuries in a Florida medical malpractice case, you typically must show the following elements: The health care professional owed you a duty of care.
The “Role” can be found by logging in to the ePortal and going to MY PROFILE>USER DETAILS. You should see the word “Attorney” in the description of your role. Note that the attorney account that that is used to create filings MUST be the same as the attorney signing the documents and assigned to the case.
If you cannot find the exact document type you are looking for, select a more generic document type, if available. For example, if you are looking to submit a document of type “Answer of Garnishee” but you do not find it in the list of available document types – submit the more general “Answer”.
If you delete a document and re-add it, the new document will receive a new time stamp. Replace a document on the filing. If you replace a document, the document will keep the same time stamp as the original. This is the only way to keep the original timestamp on the document.
Yes, one eFile submission may contain multiple document types. You may load multiple documents to each eFile submission, however, use one document file per pleading. For example, if filing a Complaint, a Lis Pendens, and a Civil Cover Sheet you would attach 3 separate files.
During the courthouse shutdown, the Duval Clerk of Court will now offer online training via Zoom! Participants will need to be at a computer or tablet with internet access in order to participate. Please see the Zoom support page for system requirements (Note: video capability not necessary for this class).
Self-Represented filers will only have General Public level access to case information via the ePortal. If you need additional case information access, please create a registered user account on the Duval County CORE system here and submit a Registration Agreement listing the case number you are a party on for access to all docket lines and images via the CORE system.
The most common reason for filing a motion to dismiss is 'failure to state the cause of action .'. According to Florida state laws, the pleader/plaintiff must state a cause of action with short and plain jurisdiction grounds. Otherwise, the defendant can file a motion to dismiss the case.
If you aren't sure whether you've filled in the right information, ask the Clerk of Court's office to confirm the details of the initial filings.
Florida's state law also requires the defendant to be a little more specific if using affirmative defenses associated with fraud or a mistake. If asserting that the plaintiff lacks the capacity to sue you, you must include supporting documents or other particulars within your knowledge.
Filing a response to the complaint and sending it on time prevents the court from entering a default judgment against you. A default judgment allows the creditor to garnish your wages or apply lien to your property. The answer should state your defenses to the claims asserted in the complaint.
A complaint outlines the reason and basis for the suit. The first step is to read the petition or complaint to determine why you've been sued.
The first step is to read the petition or complaint to determine why you've been sued. Next, you need to provide a response to each allegation in the complaint. The allegations are arranged in numbered paragraphs, and you should number the answers the same way.
The original document is what you file with the Duval Clerk of Court. The court then sends a notice indicating when the case is scheduled for a hearing that you must attend. You must also be prepared to explain your position on the issue, dress appropriately, and arrive on time.
However, you should know that if you are late or do not show up for your court date, the court may delay your case or may even rule against you. Remember these helpful tips as you prepare for your day in court.
When you represent yourself in court, you are responsible for complying with all court rules and legal deadlines. Please remember that your case is governed by the laws and rules that apply in Florida, which may be different from other states. When itĂs time for you to go to court, there are several things you should know.
If you donĂt think you can afford the filing fee, you can ask the clerk about applying for a fee waiver. If someone has brought a case against you, then you may need to file an answer or response. It is important to prepare your paperwork and make sure you meet all deadlines.
Going to court can be one of life's most important and stressful events, especially if you do not have a lawyer and you are representing yourself. It is always a good idea to talk to a lawyer . While the clerk's office and the court can often provide information, neither will be able to provide you with legal advice.
Some courts have dress codes and this information can often be found on the court's website. Be prepared for your scheduled date and arrive early. Upon entering the courthouse, you will be greeted by security.