florida civil rules of procedure

7/25/2019 Florida Civil Rules of Procedure

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Florida Rules of Civil ProcedureRULE 1.100 PLEAD!"# A!D $%&%!#

'a( Plea)*n+s. There shall be a complaint or, when so designated by a statute or rule, a petition, and an

answer to it; an answer to a counterclaim denominated as such; an answer to a crossclaim if the answer

contains a crossclaim; a third-party complaint if a person who was not an original party is summoned

as a third-party defendant; and a third-party answer if a third-party complaint is served. f an answer or

third-party answer contains an affirmative defense and the opposing party see!s to avoid it, the

opposing party shall file a reply containing the avoidance. "o other pleadings shall be allowed.

',( $ot*ons. #n application to the court for an order shall be by motion which shall be made in writing

unless made during a hearing or trial, shall state with particularity the grounds therefor, and shall set

forth the relief or order sought. The re$uirement of writing is fulfilled if the motion is stated in a

written notice of the hearing of the motion. #ll notices of hearing shall specify each motion or other

matter to be heard.

'c( Capt*on.

%&' (very pleading, motion, order, )udgment, or other paper shall have a caption containing the name of

the court, the file number, the name of the first party on each side with an appropriate indication of

other parties, and a designation identifying the party filing it and its nature or the nature of the order, as

the case may be. #ll papers filed in the action shall be styled in such manner as to indicate clearly the

sub)ect matter of the paper and the party re$uesting or obtaining relief.

%*' # civil cover sheet %form &.++' shall be completed and filed with the cler! at the time an initial

complaint or petition is filed by the party initiating the action. f the cover sheet is not filed, the cler!

shall accept the complaint or petition for filing; but all proceedings in the action shall be abated until a

properly eecuted cover sheet is completed and filed. The cler! shall complete the civil cover sheet for

a party appearing pro se.

%' # final disposition form %form &.++/' shall be filed with the cler! by the prevailing party at the time

of the filing of the order or )udgment which disposes of the action. f the action is settled without a

court order or a )udgment being entered, or dismissed by the parties, the plaintiff or petitioner

immediately shall file a final disposition form %form &.++/' with the cler!. The cler! shall complete the

final disposition form for a party appearing pro se, or when the action is dismissed by court order for

lac! of prosecution pursuant to rule &.0*1%e'.

')( $ot*on *n L*eu of #c*re Fac*as. #ny relief available by scire facias may be granted on motion after

notice without the issuance of a writ of scire facias.



Florida Rules of Civil Procedure

RULE 1.110 "E!ERAL RULE# %F PLEAD!"

%a' Forms of Pleadings. Forms of action and technical forms for see!ing relief and of pleas, pleadings,

or motions are abolished.

%b' Claims for Relief. # pleading which sets forth a claim for relief, whether an original claim,

counterclaim, crossclaim, or third-party claim must state a cause of action and shall contain %&' a short

and plain statement of the grounds upon which the court2s )urisdiction depends, unless the court already

has )urisdiction and the claim needs no new grounds of )urisdiction to support it, %*' a short and plain

statement of the ultimate facts showing that the pleader is entitled to relief, and %' a demand for

)udgment for the relief to which the pleader deems himself or herself entitled. Relief in the alternative

or of several different types may be demanded. (very complaint shall be considered to pray for general

relief.

-hen f*l*n+ an act*on for foreclosure on a mort+a+e for res*)ent*al real propert the complaint

shall be verified. 3hen verification of a document is re$uired, the document filed shall include an oath,

affirmation, or the following statement4

Un)er penalt*es of perur )eclare that ha2e rea) the fore+o*n+ an) the facts alle+e) there*n

are true an) correct to the ,est of m 3nowle)+e an) ,el*ef.

%c' The #nswer. n the answer a pleader shall state in short and plain terms the pleader2s defenses to

each claim asserted and shall admit or deny the averments on which the adverse party relies. f the

defendant is without !nowledge, the defendant shall so state and such statement shall operate as a

denial. 5enial shall fairly meet the substance of the averments denied. 3hen a pleader intends in goodfaith to deny only a part of an averment, the pleader shall specify so much of it as is true and shall deny

the remainder. 6nless the pleader intends in good faith to controvert all of the averments of the

preceding pleading, the pleader may ma!e denials as specific denials of designated averments or may

generally deny all of the averments ecept such designated averments as the pleader epressly admits,

but when the pleader does so intend to controvert all of its averments, including averments of the

grounds upon which the court2s )urisdiction depends, the pleader may do so by general denial.

%d' #ffirmative 5efenses. n pleading to a preceding pleading a party shall set forth affirmatively

accord and satisfaction, arbitration and award, assumption of ris!, contributory negligence, discharge in

ban!ruptcy, duress, estoppel, failure of consideration, fraud, illegality, in)ury by fellow servant, laches,license, payment, release, res )udicata, statute of frauds, statute of limitations, waiver, and any other

matter constituting an avoidance or affirmative defense. 3hen a party has mista!enly designated a

defense as a counterclaim or a counterclaim as a defense, the court, on terms if )ustice so re$uires, shall

treat the pleading as if there had been a proper designation. #ffirmative defenses appearing on the face

of a prior pleading may be asserted as grounds for a motion or defense under rule &.&01%b'; provided

this shall not limit amendments under rule &.&+1 even if such ground is sustained.



%e' (ffect of Failure to 5eny. #verments in a pleading to which a responsive pleading is re$uired, other

than those as to the amount of damages, are admitted when not denied in the responsive pleading.

#verments in a pleading to which no responsive pleading is re$uired or permitted shall be ta!en as

denied or avoided.

%f' 7eparate 7tatements. #ll averments of claim or defense shall be made in consecutively numbered

paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a singleset of circumstances, and a paragraph may be referred to by number in all subse$uent pleadings. (ach

claim founded upon a separate transaction or occurrence and each defense other than denials shall be

stated in a separate count or defense when a separation facilitates the clear presentation of the matter

set forth.

%g' 8oinder of Causes of #ction; Consistency. # pleader may set up in the same action as many claims

or causes of action or defenses in the same right as the pleader has, and claims for relief may be stated

in the alternative if separate items ma!e up the cause of action, or if * or more causes of action are

)oined. # party may also set forth * or more statements of a claim or defense alternatively, either in &

count or defense or in separate counts or defenses. 3hen * or more statements are made in the

alternative and & of them, if made independently, would be sufficient, the pleading is not made

insufficient by the insufficiency of & or more of the alternative statements. # party may also state as

many separate claims or defenses as that party has, regardless of consistency and whether based on

legal or e$uitable grounds or both. #ll pleadings shall be construed so as to do substantial )ustice.

%h' 7ubse$uent Pleadings. 3hen the nature of an action permits pleadings subse$uent to final )udgment

and the )urisdiction of the court over the parties has not terminated, the initial pleading subse$uent to

final )udgment shall be designated a supplemental complaint or petition. The action shall then proceed

in the same manner and time as though the supplemental complaint or petition were the initial pleading

in the action, including the issuance of any needed process. This subdivision shall not apply to

proceedings that may be initiated by motion under these rules.

Florida Rules of Civil Procedure

RULE 1.140 DEFE!#E#

%a' 3hen Presented.

%&' 6nless a different time is prescribed in a statute of Florida, a defendant shall serve an answer within

*1 days after service of original process and the initial pleading on the defendant, or not later than thedate fied in a notice by publication. # party served with a pleading stating a crossclaim against that

party shall serve an answer to it within *1 days after service on that party. The plaintiff shall serve an

answer to a counterclaim within *1 days after service of the counterclaim. f a reply is re$uired, the

reply shall be served within *1 days after service of the answer.

%*' %#' (cept when sued pursuant to sect*on 567.87 Flor*)a #tatutes, the state of Florida, an agency

of the state, or an officer or employee of the state sued in an official capacity shall serve an answer to



the complaint or crossclaim, or reply to a counterclaim, within 01 days after service.

%9' 3hen sued pursuant to sect*on 567.87 Flor*)a #tatutes, the 5epartment of Financial 7ervices or

the defendent state agency shall have 1 days from the date of service within which to serve an answer

to the complaint or crossclaim or a reply to a counterclaim.

%' The service of a motion under this rule, ecept a motion for )udgment on the pleadings or a motion

to stri!e under subdivision %f', alters these periods of time so that if the court denies the motion or

postpones its disposition until the trial on the merits, the responsive pleadings shall be served within &1

days after notice of the court2s action or, if the court grants a motion for a more definite statement, the

responsive pleadings shall be served within &1 days after service of the more definite statement unless a

different time is fied by the court in either case.

%0' f the court permits or re$uires an amended or responsive pleading or a more definite statement, the

pleading or statement shall be served within &1 days after notice of the court2s action. Responses to the

pleadings or statements shall be served within &1 days of service of such pleadings or statements.

%b' :ow Presented. E2er )efense *n law or fact to a cla*m for relief in a pleading shall be asserted inthe responsive pleading, if one is re$uired, but the following defenses may be made by motion at the

option of the pleader4

'1( lac3 of ur*s)*ct*on o2er the su,ect matter '8( lac3 of ur*s)*ct*on o2er the person '9(

*mproper 2enue '4( *nsuff*c*enc of process '( *nsuff*c*enc of ser2*ce of process '6( fa*lure to

state a cause of act*on an) '5( fa*lure to o*n *n)*spensa,le part*es . # motion ma!ing any of these

defenses shall be made before pleading if a further pleading is permitted. The grounds on which any of

the enumerated defenses are based and the substantial matters of law intended to be argued shall be

stated specifically and with particularity in the responsive pleading or motion. #ny ground not stated

shall be deemed to be waived ecept any ground showing that the court lac!s )urisdiction of the sub)ectmatter may be made at any time. "o defense or ob)ection is waived by being )oined with other defenses

or ob)ections in a responsive pleading or motion. f a pleading sets forth a claim for relief to which the

adverse party is not re$uired to serve a responsive pleading, the adverse party may assert any defense in

law or fact to that claim for a relief at the trial, ecept that the ob)ection of failure to state a legal

defense in an answer or reply shall be asserted by motion to stri!e the defense within *1 days after

service of the answer or reply.

'c( $ot*on for ;u)+ment on the Plea)*n+s. #fter the pleadings are closed, but within such time as not

to delay the trial, any party may move for )udgment on the pleadings.

')( Prel*m*nar <ear*n+s. &he )efenses 1 to 5 *n su,)*2*s*on ',( of th*s rule whether made in a

pleading or by motion, and the motion for )udgment in subdivision %c' of this rule shall be heard and

determined before trial on application of any party unless the court orders that the hearing and

determination shall be deferred until the trial.

'e( $ot*on for $ore Def*n*te #tatement. f a pleading to which a responsive pleading is permitted is

so vague or ambiguous that a party cannot reasonably be re$uired to frame a responsive pleading, that

party may move for a more definite statement before interposing a responsive pleading. The motion



shall point out the defects complained of and the details desired. f the motion is granted and the order

of the court is not obeyed within &1 days after notice of the order or such other time as the court may

fi, the court may str*3e the plea)*n+ to which the motion was directed or ma!e such order as it deems

)ust.

%f( $ot*on to #tr*3e. # party may move to stri!e or the court may stri!e redundant, immaterial,

impertinent, or scandalous matter from any pleading at any time.

'+( Consol*)at*on of Defenses. # party who ma!es a motion under this rule may )oin with it the other

motions herein provided for and then available to that party. f a party ma!es a motion under this rule

but omits from it any defenses or ob)ections then available to that party that this rule permits to be

raised by motion, that party shall not thereafter ma!e a motion based on any of the defenses or

ob)ections omitted, ecept as provided in subdivision %h'%*' of this rule.

'h( -a*2er of Defenses.

%&' # party waives all defenses and ob)ections that the party does not present either by motion under

subdivisions %b', %e', or %f' of this rule or, if the party has made no motion, in a responsive pleadingecept as provided in subdivision %h'%*'.

'8( &he )efenses of fa*lure to state a cause of act*on or a legal defense or to )oin an indispensable

party may be raised by motion for )udgment on the pleadings or at the trial on the merits in addition to

being raised in either a motion under subdivision %b' or in the answer or reply. &he )efense of lac3 of

ur*s)*ct*on of the su,ect matter ma ,e ra*se) at an t*me.

Comm*ttee !otes

&+* #mendment. 7ubdivision %a' is amended to eliminate the unnecessary statement of the return date

when service is made by publication, and to accommodate the change proposed in rule &.&11%a' ma!inga reply mandatory under certain circumstances. otions to stri!e under subdivision %f' are divided into

* categories, so subdivision %a' is also amended to accommodate this change by eliminating motions to

stri!e under the new subdivision %f' as motions that toll the running of time. # motion to stri!e an

insufficient legal defense will now be available under subdivision %b' and continue to toll the time for

responsive pleading. 7ub-division %b' is amended to include the defense of failure to a suf-ficient legal

defense. The proper method of attac! for failure to state a legal defense remains a motion to stri!e.

7ubdivision %f' is changed to accommodate the * types of motions to stri!e. The motion to stri!e an

insufficient legal defense is now in subdivision %b'. The motion to stri!e under subdivision %f' does not

toll the time for responsive pleading and can be made at any time, and the matter can be stric!en by the

court on its initiative at any time. 7ubdivision %g' follows the terminology of Federal Rule of Civil

Procedure &*%g'. uch difficulty has been eperienced in the application of this and the succeeding

subdivision with the result that the same defenses are being raised several times in an action. The intent

of the rule is to permit the defenses to be raised one time, either by motion or by the responsive

pleading, and thereafter only by motion for )udgment on the pleadings or at the trial. 7ubdivision %h'

also reflects this philosophy. t is based on federal rule &*%h' but more clearly states the purpose of the

rule.



&+// #mendment. The amendment to subdivision %a' is to fi a time within which amended pleadings,

responsive pleadings, or more definite statements re$uired by the court and responses to those

pleadings or statements must be served when no time limit is fied by the court in its order. The court2s

authority to alter these time periods is contained in rule &.1+1%b'.

$%&%!# ARE APPLCA&%!# $ADE &% &<E C%UR&. $ot*ons are appl*cat*ons to the court ma)e

, the part*es or the*r attornes re=uest*n+ that the u)+e enter an or)er )*recte) to an *ssue or proce)ure

*n an act*on f*le) *n court. >Fla. R. C*2. P. 1.100',(?.

(ception4 There are some motions that do not re$uire a court order. These are applications that can

be filed with the cler! for issuance of mesne process and final process to enforce and eecute )udgments, to enter

defaults, and for other similar proceedings that are grantable by the cler!. :owever, a cler!2s action in granting

such a motion my be rescinded, altered, or suspended by the court upon a showing of cause by a party <Fla. R.

C*2. P. 1.160=. For an eample of an appl*cat*on for )efault ma)e to the cler3 , see Fla. R. C*2. P. Form

1.@70 a supreme courtappro2e) form.



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