A Notice of Hearing in Florida is the document that tells every party in a case when, where, and on what issue the court will hear argument, and Florida Rule of Civil Procedure 1.090(d) requires it to be served a “reasonable time” before the hearing. Get the content or the service wrong and the judge can strike the hearing from the calendar.
What the Notice Must Contain
The notice needs enough detail that the recipient can show up at the right place, at the right time, and prepared for the right issue. That means the full case name, the case number, and the court where the case is pending, along with the precise date, time, and location. For virtual proceedings, include the platform and any credentials needed to join.
The notice must also identify which party scheduled the hearing and spell out the specific motion or issue being addressed. Under Rule 1.100(b), all notices of hearing must “specify each motion or other matter to be heard.”1The Florida Bar. Amendments to Florida Rules of Civil Procedure 1.100, 1.201, 1.310, 1.351, 1.545, 1.983 A notice that vaguely references “pending motions” without identifying which ones gives the opposing side grounds to object. If you are asking for emergency relief, say why the matter is urgent and cite the rule or statute that justifies the expedited treatment.
Who Must Receive It
Every party with a legal interest in the case gets notice. In a typical civil lawsuit, that means both the plaintiff and the defendant. Once an attorney enters an appearance, notice goes to the attorney rather than the client. Rule 2.516 of the Florida Rules of Judicial Administration governs how that service works.
Some case types require notice to additional people. In probate, beneficiaries and creditors with claims against the estate must be notified of hearings involving estate administration. In landlord-tenant disputes, both sides must receive proper notice, and Chapter 83 of the Florida Statutes sets specific timeframes for different lease violations and terminations.2The Florida Legislature. Florida Statutes 83.56 – Termination of Rental Agreement In dependency cases involving alleged abuse or neglect of a child, the parent or legal custodian, the Department of Children and Families attorney, the guardian ad litem, and all other parties must receive reasonable notice of every hearing.3Justia Law. Florida Code 39.408 – Hearings for Dependency Cases In foreclosure, mortgage lenders, lienholders, and homeowners’ associations with financial interests in the property also have to be notified.
How to Serve the Notice
Rule 1.080 now directs all civil service requirements to Rule 2.516 of the Florida Rules of Judicial Administration.4The Florida Bar. Amendments to Civil Rules of Procedure 1.080 and 1.310 The method depends on whether the recipient has an attorney.
Represented Parties
When a party is represented by counsel, service goes to the attorney through the Florida Courts E-Filing Portal. The portal automatically emails filed documents to all counsel of record, satisfying the service requirement.5Florida Courts E-Filing Authority. E-Service User Guide Attorneys designate a primary email address (and may add secondary addresses) and are responsible for keeping those current. If the portal flags a deficient email, you must serve the document by another method that complies with Rule 2.516.
Self-Represented Parties
For individuals without an attorney, service can be completed by mailing the notice to the last known address or by personal delivery. If a self-represented party has registered for e-service through the portal, electronic service works the same as it does for attorneys. Otherwise, certified mail with a return receipt is the safest approach because it creates a verifiable record of delivery.
Service by Publication
When a party genuinely cannot be found, Chapter 49 of the Florida Statutes allows service by publication, but only as a last resort.6Florida Senate. Florida Statutes 49.011 – Service of Process by Publication Before requesting it, you must file a sworn statement showing that you conducted a diligent search. The affidavit has to detail the person’s name and last known residence as far as you know them, whether the person is over or under 18 if their age is known, and the specific reason personal service is not possible, such as being out of state for more than 60 days or actively concealing their whereabouts.7Florida Senate. Florida Statutes Chapter 49 – Constructive Service of Process Courts scrutinize these affidavits closely. A vague statement that you “tried to find” someone will not do. You need written proof of your search efforts: payment receipts for database searches, printed search results, and letters from organizations you contacted.
Filing a Certificate of Service
After serving the notice, file a certificate of service with the court proving delivery occurred. Under Rule 2.516(f), the certificate must identify who was served, the addresses used for service, the method of delivery (email, mail, or hand delivery), and the date service was made.8Florida Rules of Judicial Administration. Rule 2.516 – Service of Pleadings and Documents A properly filed certificate serves as presumptive proof that service was completed. Without it, the other side can argue they never received the notice and ask the court to postpone or invalidate the hearing.
Coordinate the Date Before You File
The Florida Bar’s Guidelines for Professional Conduct expect attorneys to communicate with opposing counsel before scheduling hearings and find a mutually convenient time, except in extraordinary circumstances.9The Florida Bar. Guidelines for Professional Conduct Unilaterally setting a hearing without reaching out first can get the hearing struck and, in serious cases, draw sanctions.
The guidelines also expect counsel to try to resolve nondispositive motions before setting them for a hearing at all. In practice, send an email or make a call proposing dates and keep a record of the effort. If the other side refuses to cooperate, that documentation protects you when the judge asks whether you tried to coordinate.
How Much Notice Is Enough
Rule 1.090(d) does not set a fixed number of days. It requires service “a reasonable time before the time specified for the hearing.” What counts as reasonable depends on the complexity of the matter. For a straightforward, non-evidentiary motion, most practitioners and local court orders treat five business days as a working minimum. Involved hearings need a longer window. When service is by mail, Rule 1.090(e) adds five calendar days to any prescribed deadline.10Florida Rules of Civil Procedure. Rule 1.090 – Time
Some motions carry their own deadlines that override the general standard. Summary judgment under Rule 1.510 is the most common example. The opposing party has 40 days after the motion is served to file a response, and the hearing cannot be scheduled sooner than 10 days after that response deadline expires.11Westlaw. Florida Rule of Civil Procedure 1.510 – Summary Judgment That works out to roughly 50 days between serving the motion and holding the hearing, which catches many litigants off guard.
In family law cases, Florida Family Law Rule of Procedure 12.285 requires both sides to exchange financial affidavits and other mandatory disclosures within 45 days of service of the initial pleading, and that exchange must happen before any hearing involving alimony, child support, or property division. In evictions, landlords must comply with the notice timelines built into Chapter 83. A tenant who fails to pay rent gets a three-day notice (excluding weekends and holidays) before the landlord can file. A lease violation that can be corrected triggers a seven-day cure period.2The Florida Legislature. Florida Statutes 83.56 – Termination of Rental Agreement Those statutory deadlines must be satisfied before any eviction hearing can go forward.
Emergency and expedited matters are the exception. A judge can shorten the normal notice period, but the party asking for the shortened timeline has to convince the court that the emergency justifies it.
If You Need to Reschedule
If all parties agree on a new date, a stipulated motion for continuance can be filed, and courts typically grant these without much scrutiny. If the other side objects, you must file a motion for continuance stating every fact supporting the request. Rule 1.460 requires the motion to be in writing (unless made during trial), signed by the party requesting it, and, when a witness’s unavailability is the basis, to specifically explain why.
Courts weigh how many times the case has already been continued, how far along the case is, and whether postponing would unfairly prejudice either side. A last-minute request with a thin justification is likely to be denied. If it is, the hearing goes forward on the original date.
Criminal cases operate under tighter constraints. Florida Rule of Criminal Procedure 3.190 defines a continuance as any postponement of the case and imposes stricter requirements when the defendant seeks the delay, particularly because of speedy trial considerations. Judges are especially skeptical of repeated continuance requests in criminal matters.
What Happens If Someone Doesn’t Appear
Missing a scheduled hearing carries real consequences that vary depending on your role in the case.
Civil Cases
If a plaintiff fails to show up, the court may dismiss the action, with or without prejudice depending on the circumstances. If a defendant fails to appear and has never filed any responsive papers, the plaintiff can ask the clerk or the court to enter a default, which can lead to a final judgment granting whatever the plaintiff requested.12Florida Rules of Civil Procedure. Rule 1.500 – Defaults and Final Judgments Thereon Even without a default, the court can proceed with the hearing and rule on the motion without the absent party’s input. Rule 1.540(b) allows relief from a judgment based on excusable neglect, newly discovered evidence, or fraud, but the bar is high.
Criminal Cases
A judge can issue a bench warrant for a defendant who fails to appear. Beyond the warrant, failing to appear while on bail is a separate criminal offense under Florida Statute 843.15. If the original charge was a misdemeanor, the failure to appear is a first-degree misdemeanor. If the original charge was a felony, the failure to appear is a third-degree felony.13Justia Law. Florida Code 843.15 – Failure of Defendant on Bail to Appear The defendant also forfeits any bond or bail that was posted.
Witnesses and Attorneys
Subpoenaed witnesses who skip a hearing risk being held in contempt of court, which can mean fines or jail time. Attorneys who miss hearings without legitimate justification may face sanctions from the court, including monetary penalties, and can face disciplinary proceedings through the Florida Bar for repeated failures.