Florida Simple Motion Requesting Additional Time to Respond to a Civil Complaint

State:
Multi-State
Control #:
US-00832BG
Format:
Word; 
Rich Text
Instant download

Description

Time limits for pleading are regulated to a large extent by specific statute or rule in each jurisdiction. Generally, time extensions for serving or filing a pleading may be allowed by the court or provided for by stipulation of the parties. A large discretion is vested in the trial court with respect to time extensions on such terms as appear reasonable under the circumstances. If a defendant's motion is overruled, generally the defendant is entitled to file an answer even though the statutory period for answering has expired.

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FAQ

With the exception of motions filed pursuant to rule 9.410(b), a party may serve 1 response to a motion within 15 days of service of the motion. The court may shorten or extend the time for response to a motion. (b) Effect on Proceedings.

A defendant has 21 days (or, if the defendant is the United States, 60 days) to file an answer after being served with the complaint and the summons.

Rule 1.140 provides that the defenses of lack of personal jurisdiction, improper venue, and lack of service, among others, ?may be made by motion at the option of the pleader.? Fla. R. Civ.

(1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication.

(1) A motion for continuance, extension, or waiver of the time standards provided by law and found in this rule must be in writing and signed by the requesting party. On a showing of good cause, the court must allow a motion for continuance or extension to be made ore tenus at any time during the proceedings.

The deadline to file a reply is 14 days before the motion hearing date. You may not file a response to a reply without permission from the Court. Federal Pro Se Clinic ? Roybal Courthouse ? 255 East Temple Street, Suite 170 ? Los Angeles, CA 90012 ? (213) 385-2977 ext.

With the exception of motions filed pursuant to rule 9.410(b), a party may serve 1 response to a motion within 15 days of service of the motion. The court may shorten or extend the time for response to a motion. (b) Effect on Proceedings.

MOTION TO COMPEL DISCOVERY WITHOUT HEARING The undersigned has conferred with opposing ___[party/counsel]___ and has been unable to resolve this dispute. The opposing party shall have fifteen (15) days after being served to file their response.

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Florida Simple Motion Requesting Additional Time to Respond to a Civil Complaint