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Rule 12.140 - RESPONSES (a) When Presented. (1) Unless a different time is prescribed in a statute of Florida, a respondent must serve a response within 20 days after service of original process and the initial pleading on the respondent, or not later than the date fixed in a notice by publication.
You may ask, ?is a response to a motion for summary judgement required?? ing to the current case law, it is mandatory. This is evidenced by the legislature's use of the word ?must? file a response at least twenty days prior to the hearing on the motion for summary judgment.
Summary judgment usually will not be granted until the material facts of the case have been gathered and presented to the court. This is to prove that there is no genuine issue and that there are not merely missing pieces of evidence for the justification of the case.
Ing to Rule 1.110 (c) of the Florida Rules of Civil Procedure an answer should either admit or deny the allegations in the complaint 'in short and plain terms. ' Also, ?if the defendant is without knowledge, the defendant shall so state and such statement shall operate as a denial.?
A judgment on the pleadings is granted in the rare instance where a party is entitled to a judgment as a matter of law based solely on review of the complaint and the answer. It is a procedural device embodied in Rule 1.140(c) of the Florida Rules of Civil Procedure.