Rule 1.982.On motion in other cases
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.982
Plain-English Summary
Rule 1.982 lists categories of claims that can go to judgment on motion rather than through a full new action: sureties or cosureties recovering money they paid as such, clients against attorneys, plaintiffs in execution proceeding by motion against sheriffs or other officers for money or property those officers collected, and any other case a statute specially authorizes.
Contribution based on comparative fault gets its own subsection and its own limits. A judgment for that kind of contribution may be obtained by motion only where the fault findings supporting it were already made by the court or jury in the same action, and only by or against persons who were parties to that action when those findings were made — a party who was not part of the case when the findings were made cannot ride them. The motion can be filed even after final judgment in the action, and a pending appeal does not strip the trial court of jurisdiction to decide it. The resulting judgment can take the form of a declaratory judgment conditioned on a party's future satisfaction of one or more of the judgments already entered in the action, which addresses the practical problem that no one may have paid anything yet when the contribution question comes up.
Frequently Asked Questions
Can a surety who paid off a principal's debt get a judgment against that principal without filing a new lawsuit?
Yes. Rule 1.982(1) allows sureties and cosureties to obtain judgment by motion for money they paid as such.
What does this rule allow for contribution claims based on comparative fault?
A judgment for contribution by motion, but only where the fault findings supporting it were already made by the court or jury in the same action, and only among parties who were parties to that action when the findings were made.
Can I file a contribution motion after the case has already gone to final judgment?
Yes. Rule 1.982(3) allows the motion after final judgment, and a pending appeal does not take away the trial court's jurisdiction to rule on it.
What form can a contribution judgment take under this rule?
It may be a declaratory judgment conditioned on a party's future satisfaction of one or more of the judgments already entered in the action.
Does this rule allow motion practice against a sheriff who kept property collected on execution?
Yes. Rule 1.982(1) covers plaintiffs in execution proceeding by motion against sheriffs or other officers for money or property they collected.