What Is an Emergency Motion?
An emergency motion is a request for expedited court relief filed when normal scheduling would cause irreparable harm to the moving party. Florida courts grant emergency consideration only when genuine urgent circumstances exist that require immediate judicial action.
When Emergency Motions Are Appropriate
- Temporary restraining orders: Preventing a party from destroying evidence, dissipating assets, or causing irreparable harm
- Emergency injunctions: Stopping ongoing harm such as encroachment, trespass, or breach of a non-compete agreement
- Property preservation: Preventing demolition, environmental damage, or unauthorized transfers of real property
- Custody emergencies: Protecting children from immediate danger
- Asset protection: Preventing the transfer or concealment of marital or disputed assets
Filing Requirements
Under Florida Rules of Civil Procedure, an emergency motion must include:
- A statement explaining why the matter constitutes a genuine emergency
- Specific facts showing irreparable harm will occur without immediate relief
- The exact relief requested
- Certification that the opposing party was notified (or why notice was not possible)
- Supporting affidavits or evidence
- A proposed order for the court
Court Response Timeline
Florida courts typically schedule emergency hearings within 24 to 72 hours. Ex parte orders (issued without the opposing party present) are temporary and require a follow-up hearing within 15 days under Florida Rule of Civil Procedure 1.610.
Related Terms
- Equitable Lien — Court-imposed security that may be sought on an emergency basis
- Encroachment — Property disputes that may require emergency relief
- Equitable Estoppel — Equitable doctrine applied in urgent matters
Barnes Walker Emergency Litigation
Barnes Walker's litigation attorneys file emergency motions in Florida courts when immediate judicial action is needed to protect clients' property, assets, and rights. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC