Affidavit Motion Amend Without In Florida
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This rule provides the exclusive procedure for obtaining documents or things by subpoena from nonparties without deposing the custodian or other person in possession of the documents or things under rule 12.310.
An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.
On motion and on such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
except when made during a trial or hearingmust be in writing, unless the court permits the party to make the motion by other means. must state the grounds on which it is based and the relief or order sought. may be supported by affidavit.
P. 1.530(a) provides for a motion for rehearing on a summary judgment to allow the Court to take additional evidenced and enter a new judgment.
A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served.
