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We are not attorneys, nor are we licensed to practice law in the State of Florida. We cannot give legal advice or accept fees for legal advice. As Deputy Clerks of the Circuit Court, we may provide you with limited assistance regarding the procedural aspects of filing your case.
In accordance with the Americans With Disabilities Act, persons with a disability needing special accommodations to participate in a proceeding should contact the Clerk of the Circuit Court, Martin County no later than 7 days prior to the proceeding at:P.O. Box 9016Stuart, FL 34995
or call 772-288-5576, 800-955-11730 (TDD) or 800-955-8770 (V) via Florida Relay Service.
Yes, as Deputy Clerks we may witness your signature at a fee of $3.50 per signature, providing you have proper identification. Be sure to bring your I.D. with you to the Clerk’s Office.
Florida authorities will only act on an order issued in Florida. Unless you are familiar with the procedure involved in having your order either registered or domesticated in Florida, it is in your best interest to contact an attorney, or, in child support cases, the Department of Revenue 850-488-KIDS (5437).
Absolutely. Copies may be obtained at a cost of $1 per page. Should you require a certified copy, there is an additional $2 per document charge.
Adoptions and Dependencies are protected cases, and thus are not open for public inspection. If you are an adoptee, with proper identification, you may obtain a copy of your final judgment. With proper identification, your adoptive parents and attorney(s) of record may obtain copies of all documents filed in your adoption file. Biological parents must obtain a court order for access to adoption files.
The procedure for setting a court hearing varies, depending upon whether you are represented by an attorney, or you are a "pro se" or self-represented litigant. If you are represented by legal counsel, your attorney will set any necessary court hearings for you by contacting the judge's office. If you represent yourself in a domestic matter, all hearings will be scheduled through the Court's Self Help Coordinator. The procedure for scheduling a pro se hearing is outlined in the legal packets sold in the Domestic Relations Division.
Any person charged with a moving or non-moving violation, other than violations involving driver licenses, vehicle registration, proof of insurance, serious accidents, or leaving a child under the age of six unattended in a vehicle, is eligible to elect to attend a driver improvement course in lieu of accumulating points on their driver history record.
An election to attend a driver improvement course to satisfy the violation will be entered on your driver history record as an "adjudication withheld". In other words, no points will be assessed against your driver's license.
Yes, the civil penalty is required and established by law.
The Martin County Bar Association provides access to Florida Department of Highway Safety and Motor Vehicles (FLHSMV) approved courses through Florida Online Traffic School. You may look under "Driver Instruction" in the Yellow Pages of local phone books. You may access information about Basic Driver Improvement Courses and providers through the Florida Department of Highway Safety and Motor Vehicles.
You may come into one of the Clerk's Office locations to make your election or, if the officer provided you an information guide at the time you were cited for the violation, you may make your election by mail to attend a driver improvement course. Read the Election Information contained in the bottom portion of the information guide furnished to you. Within 30 calendar days of the date your ticket was issued, complete the bottom portion and return the information to the Clerk's Office. Be sure to include your check or money order and allow sufficient time to ensure your Election Information is received by the Clerk's Office within the 30 required calendar days.
After you have completed and mailed your election to the Clerk, contact an approved school to arrange a schedule for the course. You will need to be prepared to pay for the course at the time you enroll. You must attend and complete the course and provide proof of completion to the Clerk's Office within 60 calendar days of your election. If you fail to meet any one of these requirements, you will be required to pay a civil penalty. In addition, a late fee will be owed, your driver's license will be suspended, a reinstatement fee to reinstate your privilege to drive will be required, and a conviction of the violation will be reported on your driver history record.
You may make an election to attend a driver improvement course to satisfy an eligible traffic violation one time in a 12 month period, but no more than five times in your lifetime. If you elect to attend but fail to satisfy the requirements, the election will still count towards the five allowed.
For information on the election requirements and costs involved, contact the traffic department of the Clerk's Office for the County in which you received the citation. For information on the driver improvement course locations, hours and costs, contact an approved school.
For Misdemeanor Arraignment court dates you may call the Misdemeanor Division and request a one-time continuance which will be 2 weeks from the date set for Arraignment. Any further continuances will have to be approved by the Judge and the Prosecutor assigned to your case.
For Felony court or any other type of Misdemeanor court, other than Arraignment, a continuance will have to be approved by the Judge and the Prosecutor assigned to your case. You will have to contact the Judge's office and the Prosecutor assigned to your case. The clerk's office is unable to give continuances in these matters. You may contact the Criminal Division to find out which Judge/Prosecutor has been assigned to your case. If you have obtained an attorney or have been granted a Public Defender, you must consult them.
If a defendant fails to appear for a scheduled court date the Judge may issue a capias or bench warrant for the defendant's arrest.
Upon disposition of the case, all court fines and costs will be deducted from the cash bond and applied to the defendant's fines and a refund (if any) will be returned to the person listed as the depositor on the bond. If you are entitled to a refund, your check will be printed on the Wednesday following disposition of the case and then automatically mailed.
You may contact the Criminal Division and request a Cash Bond change of address form (photo ID will be required) or obtain this form from our Cash Bond Change of Address form (PDF). Only the depositor listed on the Cash Bond is able to change this information. If you send this by mail, it must be notarized and send a copy of the depositor's Driver's License/Identification Card.
You may contact the Criminal Division and request a change of address form or print one from the Change of Address Form (PDF).
You may get a packet from our office, free of charge, which includes all of the information needed to petition the court (i.e., Fingerprint card for Florida Department of Law Enforcement and application) by calling or coming to our office. Please call 772-221-1338 if you have any questions.
The Seal and Expunge instructions and forms may also be found at the Florida Department of Law Enforcement Website.
Felony Charges:State Probation and Parole2015 S Kanner HighwayStuart, FL 34994
The Martin County Probation agency is:C.O.R.E. Probation905 SE Johnson AvenueStuart, FL 34994
Monday, Tuesday, Thursday, Friday: 8 am to 5 pmWednesday: 8 am to 7 pmFirst Saturday of Each Month: 9 am to 2 pm
Judges' telephone numbers and addresses can be found by contacting the Criminal Division or by visiting the Martin County Judges page.
You will need to fill out a financial affidavit for each case you wish to have the services of the Public Defender. A $50 fee will be required per application/case. You may obtain a financial affidavit from the Criminal Division. You may also call the Public Defender's office.
You may contact the State Attorney's Office by phone.
We can be reached at the Criminal Division Fax Number.
You must call the Misdemeanor or Felony Division for further information.
You may fax, email, or mail a request to our office. A link to our Record Search form is provided for your convenience. Please include the defendant's name, date of birth, case number (if known), charges, and year of offense. If you need copies from a case you will need to specify which documents you are requesting (i.e., arrest affidavit, court disposition, etc.) and if you need them certified by the Clerk's office. Please include your name and contact information on the request and we will contact you with the total amount due for the documents requested. We charge $1 per copy, $2 for certification per document, $1.25 per fax (long-distance) $1 (local), postage/envelope fees, and $1 per page for emailed documents. We also charge a $2 per name/per year search fee if the case number is not provided. Requests can be emailed to Criminal Records, faxed, or mailed to:P.O. Box 9016Stuart, FL 34995
Perform a Court Records Search.
If you are on Felony (Department of Corrections) Probation, you must contact that agency about the terms of your probation.
If you are on Misdemeanor Probation, court fees, fines and costs are paid through the Martin County Clerk's Office. Please contact C.O.R.E. directly about any other terms of your misdemeanor probation, including paying the costs of supervision.
If you are not on probation, you must contact the Clerk's office or your driving privilege may be suspended pursuant to section 322.245, Fla. Stat.
For Misdemeanor cases please contact the Misdemeanor Division and for Felony cases please contact the Felony Division.
A Felony is a criminal offense punishable by death or imprisonment in a state penitentiary. A Misdemeanor is a criminal offense that is punishable by fine or imprisonment in a county correctional facility.
Criminal Traffic Laws which are defined by the Florida Rules of Court as a violation that may subject the defendant upon conviction to incarceration.
If you are arrested in another county on a Martin County warrant it will take approximately 1 to 6 weeks for the Martin County Criminal Division to receive your arrest paperwork. Once the arrest paperwork is received you will be mailed a Notice to Appear for your court date. You will not attend court in the county you were arrested. If your address has changed, you will need to submit a Change of Address Form (PDF) or contact the Criminal Division to ensure your notice is mailed to the current address.
Linebarger is a collection agency contracted by the Clerk's Office to recover unpaid fines and court costs ordered by the Judge at the time of sentencing.
You may contact the Clerk's Office to find out exactly what monies are owed. If you feel you have already paid these fines, you may print a Collection Dispute Form (PDF) and submit it to the Criminal Division with proof of payment and we will thoroughly research your disputed amount. The collection Dispute Form may be mailed to:P.O. Box 90162nd Floor-CriminalStuart, FL 34995
or faxed to the Criminal Division.
Please contact our office if you have questions.
By statute, the Judge imposes fines and court costs at sentencing. Unless you are placed on probation or the fines and costs were waived, you must pay your fines and costs in full the day you are sentenced. You may enter into a payment plan with the Clerk's Office to avoid being sent to collections (a 40% collection fee if prior to December 1, 2015, or 25% if after December 1, 2015, will be added) and/or your driving privilege is suspended for non-payment on a payment plan. Please contact our office if you have questions.
Guardianships can be established for adults of all ages and are also established for minors in several situations. For example, if a minor has received a settlement greater than $15,000, a guardian of his or her property must be appointed. There are also instances where family members, such as grandparents, are appointed as guardians when the parents of the minor are unwilling or unable to care for the minor child.
The first step is to contact an attorney. The Clerk's office may not give legal advice or guidance in completing the various guardianship forms and reports that are required. If you are able and qualified to serve as guardian, you may petition to be appointed guardian, through an attorney. If you do not wish to be appointed guardian, it is possible that a professional guardian may be appointed.
If you win a lawsuit for money, you will get a copy of the Court's judgment stating the amount of money the losing party must pay to you. The losing party is called the judgment debtor, and you, the winner, are called the judgment creditor.
If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale. The process is called execution. There are a number of steps you must take.
You can obtain a judgment lien on all of the judgment debtor's personal property located anywhere in the state by filing a Judgment Lien Certificate with the Department of State. To get the proper form, visit the Department of State's website, where you can either download the form or request to have it mailed to you. Once you have filled out the form, you can either file it and pay the filing fee electronically, or mail it to the Department with the filing fee.
CAUTION: These liens don't last forever. They lapse, meaning they disappear, after 5 years. If there are liens ahead of you, you will move toward the front of the line as they lapse. But your lien will eventually lapse, too. So don't be lazy waiting for somebody else to levy on the debtor's property for you. After 5 years, you can file again and get another judgment lien, but if others have filed after your first filing, you will go to the end of the line.
You can obtain a judgment lien on the judgment debtor's real property by recording a certified copy of your judgment in the real estate record of the county in which the property is located. Such liens are not recorded with the Department of State. These liens last for ten years and they can be continued for another ten.
You can download forms at the Department of State's website, or call the Department of State, Division of Corporations, Judgment Liens Section, at 850-245-6039.
You may obtain a Writ of Garnishment on the debtor by filing the necessary paperwork with the Clerk of Courts. You will need to obtain the paperwork by consulting with an attorney or you will have to research Florida Statutes and create your own paperwork. The Clerk's office does not provide them and can not assist you.
When the debtor satisfies the Judgment, a Satisfaction of Judgment must be prepared by the creditor and delivered to the debtor. In order for the Judgment to show as satisfied, it must be recorded in Official Records.
If you need additional information please contact us at:
County Court - Summary Claims DivisionClerk of the Circuit Court - Martin County, Florida100 E Ocean Blvd., Constitutional Office BuildingP.O. Box 9016Stuart, FL 34995-9016
To view sample Small Claims forms, visit the forms section on our website.
You need to report to the Martin County Courthouse Complex located at:100 SE Ocean BoulevardStuart, FL 34994
The Jury Administration and Assembly Room is located on the 1st Floor of the Constitutional Building. Parking is available in the lot on SW Flagler Avenue, on the west side of the Courthouse. Limited street parking is also available along SE Ocean Boulevard.
Please dress in keeping with the importance and dignity of your position as a juror. Business or Business casual attire is appropriate and preferred. The following should not be worn in the courtroom: Shorts, hats, halter tops, tank tops.
You will pass through a security checkpoint as you enter the Martin County Courthouse Complex. Weapons are prohibited. Cell phones, laptops, and tablets are allowed in the Jury Assembly Room. If you are chosen to serve on a jury, electronic devices may be removed, as directed by a judge. Newspapers are not allowed in the Jury Room.
Jury Service is subject to the needs of the Court. Please come to Jury Service prepared to serve a minimum of one to two days. Service can vary depending on the type of case and days served may not be consecutive.
In accordance with the Americans with Disabilities Act (ADA), if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the following at least seven days before your scheduled court appearance, or immediately upon receiving this notification:Court Administration250 NW Country Club Drive, Suite 217Port St. Lucie, FL 34986
Phone Number: 772-807-4370
or dial 711 if you are hearing impaired
Upon request, your Jury service may be postponed for up to 6 months. To request a continuance, visit our Postponements & Excusals page, or, contact the Jury Clerk at (772) 288-5568.
According to Section 40.013, Florida Statutes, you may be exempt from jury service for any of the reasons listed below. Any request to be exempt must be submitted SEVEN WORKING DAYS before your reporting date. Visit our Postponements & Excusals page to submit a request online
or mail your completed and signed Jury Summons Form to:Clerk of the Circuit Court and ComptrollerAttn: Jury ServiceP.O. Box 9016Stuart, FL 34995
or fax to 772-419-4117
or email to Jury
Requests for excusal may be subject to judicial review and approval. It is your responsibility to confirm that your request has been received, reviewed and granted, or denied.
Only the following reasons below are acceptable requests for excusal:
If any of what is listed below applies to you, you will be automatically excused from service and will not receive confirmation of this excusal from the Clerk of the Circuit Court. Any request to be disqualified must be submitted in writing using your Jury Summons Form or online at the Postponements & Excusals page, SEVEN WORKING DAYS before your reporting date. Mail to:Clerk of the Circuit Court and ComptrollerAttn: Jury ServiceP.O. Box 9016Stuart, FL 34995
You were randomly selected for Jury Service from the Florida Highway Safety and Motor Vehicles list of licensed drivers and ID holders. The right to a trial by jury is a fundamental American principle guaranteed by the Constitution. It is the duty of every citizen to serve when called upon to do so. "Failure to appear" may render you liable to arrest and a fine of up to $100 for contempt of court. (§40.23, F.S.). Receipt of this summons by any person residing in your household is service upon you.
A "child who has been found to have committed a delinquent act" means a child who, pursuant to the provisions of Chapter 985, Florida Statutes, is found by a court to have committed a violation of the law or to be in direct or indirect contempt of court.
It is the Juveniles'/Parents' responsibility to keep the Clerk's Office informed of their correct address.
Please call 772-223-7914 for further information.
Restitution payments are made through the Juvenile Division located in the Clerk of Circuit court. A check is then forwarded to the victim. A $3.50 Clerk fee is charged for each restitution payment. The court fees are also collected by the Juvenile Division. Payments are accepted through the mail or in person. Checks or money orders should have your name and complete case number. Payments may also be made over the telephone using a major credit card. The credit card company will charge a service fee.
In order to reschedule your court date, you must contact your attorney. The Clerk's Office is not authorized to reschedule your court date.
Yes, there is. View a Glossary of Juvenile Justice Terms.
Obtain information on what to expect during the juvenile justice process.
Clerk of the Circuit Court and ComptrollerP.O. Box 9016Attn: RecordingStuart, FL 34995
The recording fee for any document up to 8 1/2 by 14 inches in size is $10 for the first page and $8.50 for each additional page of the same document. If there are more than four names on the document, each additional name costs $1. The name count for indexing fees includes names or entities that are an aka, fka, dba, power of attorney, attorney in fact, trustee, etc. Original documents will be returned after recording. Please include a self-addressed stamped return envelope or sufficient funds to cover the cost of returning the documents. Normal delivery for returned documents is via First Class Mail.
Certain documents require State documentary stamp tax. Documents transferring an ownership interest in land (Deed, Agreement/Contract for Deed, Proprietary Lease, etc.) require state documentary stamp tax at a rate of $0.70 per hundred dollars, or fraction thereof, based on the consideration for the transfer. Documents that encumber real property for a sum of money exchanged or owed (Mortgage, Agreement/Contract for Deed, Modification of Mortgage, etc.) require state documentary stamp tax at a rate of $0.35 per hundred dollars, or fraction thereof, and Intangible tax at a rate of $0.20 per hundred dollars based on the amount borrowed.
To change the name on a deed, you must record a new deed with Official Records to replace the deed currently on file. You can obtain a blank deed form from an office supply store. The staff in the Recording Department cannot assist you with filling out the form, as it is a legal document.
If you are uncomfortable preparing the deed yourself, we suggest you consult an attorney or title company.
The requirements for recording instruments affecting real property are found in Florida Statutes Chapter 695.26.
Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries under a will. The Court oversees the estate to make sure debts are paid and proper distribution is made.
A will is a document executed by a person which disposes of his/her property after his/her death. It generally names a personal representative to administer the estate. In Martin County, after the death of the person, the custodian of the will must deposit the will with the Clerk of the Circuit Court, within ten days after receiving information that the person is deceased.
No. It is not necessary to have an attorney to file the will with the Clerk of the Circuit Court. However, you may want to consult with an attorney before filing so that he or she may determine whether probate proceedings will be necessary.
The state will distribute the property in accordance with Florida law.
It may be necessary for an attorney to petition the Court to appoint a personal representative to administer the estate.
Probate proceedings are initiated with the filing of a Petition by the person asking to be appointed a personal representative. The petition is normally prepared by an attorney. The appointed person will be responsible for the estate until all bills are paid and the balance of the estate is distributed to the rightful beneficiaries.
There are three basic types of proceedings for administering the decedent's estate.
This type of proceeding is used when there are considerable assets and it is necessary to appoint a representative to act on behalf of the estate. The capacity in which the representative will act is determined by the Court at the time of appointment. Letters of administration will be issued to the representative so that he/she may complete the administration of the estate.
Summary administration may be administered when the value of the entire estate subject to administration does not exceed $75,000.
The disposition is filed to request the release of the assets of the deceased, to the person who paid the final expenses, such as funeral bills, medical bills for the last 60 days, et cetera. This procedure may be accomplished with the filing of a formal petition. The forms required to file the disposition are available from the Clerk of the Circuit Court in the Probate Court Records Division.
Refer to the current Schedule of Service Charges, available in any Clerk's Office, for the current filing fee.
The following must be provided:
The Court will enter an Order whether allowing or disallowing the release of the assets. The original Order is then turned over to the petitioner.
The mailing address for the Recording Office is:Clerk of the Circuit Court and ComptrollerP.O. Box 9016Attn: RecordingStuart, FL 34995
The general recording requirements for other documents are:
A Small Claims case is a legal action filed in County court to settle minor legal disputes among parties where the dollar amount involved is $8,000 or less, excluding costs, interest and attorney fees.
No, it is not necessary to have a lawyer. Small Claims court is considered a "people's court" and a lawyer is not required. Clerk's office personnel will provide you, for a fee, the necessary forms for filing a Small Claims Case.
A Small Claims case may be filed with the:Clerk of the Circuit Court Main Office100 SE Ocean BoulevardConstitutional Office Building, 2nd floorStuart, FL 34994
Any person(s) 18 years of age or older or any individual(s) doing business as a company may file a Small Claims case. A parent or guardian may file on behalf of a minor child. Each person who is a party to the claim must appear at the Clerk's Office to sign the necessary paperwork in the presence of a deputy clerk or the signatures must be notarized.
Filing fees for small claims actions are determined by Florida Statues and Martin County Ordinances and are subject to change. Fees also vary in accordance with the dollar amount of your claim and the type of action. Other fees are required for service on the parties you are suing and are dependent on the type of service you select. A current schedule of Service Charges is available on this site for your information.
It is important that you file your claim against the right party. The additional time you spend researching the correct name could make a difference in whether you are able to collect should a Judgment be entered by the court in your favor. Copies of any contracts, notes, leases, receipts, or other evidence you may have in support of your claim must be furnished for each person you are suing as well as the court. You will need to bring the originals to your first court appearance. A full explanation of your reason for the Small Claims action will be necessary. You may wish to write this explanation out at home and bring it with you when you come to the clerk's office to initiate your Small Claims case.
Any time you sue someone other than an individual, there is additional information needed to complete the necessary forms. For example, if you are suing an individual doing business as a company, a partnership where there are several people doing business as a company? It is important for you to research this information carefully. Assistance in determining if the person you are suing is a company, corporation, an individual doing business as a company or partnership may be obtained by calling the Clerk of the Circuit Court, Official Records (in the county where the business is located) or the Secretary of State, Corporate Division at 850-488-9000 or visit Sunbiz. If you determine that the company you are suing is not a registered corporation, contact the occupational license bureau of the county where the business is located.
The information contained in this website is intended only as a guide to assist you with the basic facts of filing a Small Claims case. Detailed information may be found in "Everybody's Guide to Small Claims Court", available in the law library. The public library will also have a copy for your reference.
After you file your Small Claims case, each person or business you are suing must be served with a summons to appear in court on the date and time scheduled when you filed your claim. This court date will be a pre-trial conference where mediation will be held. If the case cannot be mediated you will receive a trial date. At the trial, you will have an opportunity to explain your case to the judge, ask the person(s) you are suing any questions concerning your claim, present your documentation as discussed at the pre-trial conference, and call on your witnesses to help explain your case.
Yes, mediation allows both parties to freely present their case in the quiet relaxed atmosphere of a conference room under the expert guidance of an experienced mediator who will strive to guide a settlement of the issues that will be beneficial to both parties. It will save time and money. Successful mediation means no further court appearances, therefore, no further toll of time from normal activities for you.
If at any time in the proceedings a settlement is reached between the parties, the plaintiff (person(s) who filed the suit) must notify the Clerk of the Court's Office, in writing, of the settlement - and all signatures must be notarized.
The court does not collect money damages for you. You may wish to consult with an attorney for advice on how to collect your judgment. You may find the book "Lawyers Edition of Florida Summary Claims Handbook" helpful. Also, visit Sunbiz for more information on how to collect your judgment.
If you choose to place a Judgment Lien against any individually owned real property of the defendant's following the award of a Judgment in your favor, you must obtain a certified copy of your Judgment from the Clerk of the Circuit Court and record it as a Judgment Lien. Fees for recording are set by statute and are subject to change by legislative action. Contact the Clerk of the Court in the county where the property is located for their current fees for recording a certified copy of a Judgment.
You may file a petition with the Clerk of Court in the county where the Petitioner or Respondent resides, or in the County where the acts of violence occurred. To file in Martin County, bring either a completed, notarized petition or signed, photo ID to:100 E Ocean BoulevardStuart, FL 34994
There are no fees to file for an injunction.
The Clerk's Office will forward the file to a judge. The Judge will review the Petition, along with all the attachments, and render a decision. The Petitioner must contact the Clerk's Office to be advised of the decision of the judge. If a Temporary Injunction is granted, the Court will schedule a hearing within 15 days from the date the Petition was filed. The Respondent will be served by the Sheriff's Office with a copy of the Temporary Injunction and with a copy of all documents submitted by the Petitioner. The Petitioner must return to the Clerk's Office to pick up his/her copies.
If you have additional information you would like the Judge to consider, you may file a Supplemental Petition within 7 days of filing your original petition.
Both parties need to appear at the hearing. An attorney is recommended, yet is not required.
The hearing for an injunction will give both parties the opportunity to present their sides of the facts and/or evidence. The Judge has several options when making a decision in court. A Permanent Injunction may be entered, the case may be dismissed, or the case may be continued to another date.
An injunction can be modified or dismissed by completing a Motion to Modify or a Motion to Dissolve an Injunction. A hearing will be set for both parties to go before the Judge.
A Motion to Extend an Injunction would need to be filed with the Clerk of Court and a hearing would be set for both parties to go before a Judge. The Motion should be submitted at least one month prior to the expiration of the injunction in order to have enough time to set a hearing date.
If a Respondent violates an injunction, the Petitioner should call the Sheriff's Office. The Respondent may be arrested. If the Sheriff's office is unable to arrest the Respondent, the Petitioner can complete an Affidavit of Violation and submit it to the Clerk of Court. The Clerk will forward the information to the Sheriff's office for investigation. If charges are filed, the State Attorney may prosecute. This process could take up to 30 days.
You may file a petition with the Clerk of Court in the county where the Respondent is currently located. To file in Martin County, bring either a completed, notarized petition or your unsigned petition with photo ID to the Special Services Division located on the first floor, at:100 E Ocean BoulevardStuart, FL 34994
There are no fees to file for filing these petitions.
Once the petition is completed and is filed with the Clerk's Office. The Clerk's Office will forward the file to a judge. The Judge will review the petition to determine if the criteria has been met to order the respondent into involuntary examination or assessment. The petitioner must contact the Clerk's Office to be advised of the decision of the judge.
The Clerk's Office delivers the paperwork to the Martin County Sheriff's Office to be served on the respondent and deliver the respondent to the appropriate facility. The facility has up to 3 days to complete an evaluation on the respondent for the Baker Act and up to 5 days to complete an evaluation for a Marchman Act.
You have 30 days from the date the citation is issued to satisfy your citation.
Download the Traffic Citation Guide (PDF).
Please view our schedule of fees and fines.
You are responsible for the citation, regardless of who owns the vehicle. You have two options:
If you submit proof that the insurance or registration was valid at the time the citation was issued, you only pay $10. If you provide proof that is valid after the citation was issued, the full fine amount is due.
Yes, you may elect our payment plan option. This may be done in person or by mail. You must pay a $25 fee to initiate the payment plan. This fee will not go towards your fine. For information regarding a payment plan please contact the Compliance Department at 772-288- 5719.
You can visit the Florida Highway Safety and Motor Vehicles website or look in your local phone book.
Please be sure to follow the instructions on the School Election Affidavit (PDF).
A CDL (commercial driver's license) holder may not elect school on any citation.
No, but you may elect to attend a Child Restraint Course. In order to be eligible to attend a Child Restraint Course you must not have elected Traffic School and/or a Child Restraint Course within the past twelve months, or five times in one person's lifetime.
You can obtain a 3-year history printout from this office for a fee of $14.25. You can also obtain a complete history printout for $16.25.
Yes, complete and return the Not Guilty Plea form (PDF). You will only receive a Court Date for the citations listed on your Not Guilty Plea form. You or your attorney must be present on the court date. If you are sentenced by the court, you will be expected to pay fines on the day of court.
Yes, you must request your court date by filling out the Not Guilty Plea form (PDF). Next, you must complete an Affidavit of Defense form (PDF) and post a bond with the clerk. To find out the bond amount contact the Clerk at 772-288-5542. The affidavit will be reviewed by the court.
Yes, a Notice of Appeal must be filed with the Clerk within 30 days of the Judge's decision.
The Law Library is available for legal research and is located in the Blake Library in Stuart. For further information call 772-221-1427.
Martin County Law Library Resources
Law LibraryInside the Blake Library2351 SE Monterey RoadStuart, FL 34996
Monday through ThursdayNoon to 4:30 pm