Florida Answer to Counterclaim

State:
Multi-State
Control #:
US-01591
Format:
Word; 
Rich Text
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Description

This form is an Answer to a Counter-Claim. The counter-claimant admits and denies certain allegations contained in the document.
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FAQ

Rule 1.310 ? Depositions Upon Oral Examination 1.310(b)(4)(B) makes clear that if you record via zoom, you must also record with a court reporter unless the parties otherwise agree. 1.310(b)(5)(D) says the party that wants to record is the party that pays for the recording.

Rule 1.440 provides in pertinent part: (a) When at Issue. An action is at issue after any motions directed to the last pleading served have been disposed of or, if no such motions are served, 20 days after service of the last pleading. . . .

Florida law Florida Civil Rule of Civil Procedure 1.180 governs impleader. This procedure allows the defendant to bring a non-party into the lawsuit when the defendant believes the non-party may be liable for some or all of the plaintiff's claims against the defendant.

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.

In order for a counterclaim to be compulsory, it must arise out of the "transaction or occurrence that is the subject matter of the opposing party's claim . . . ." Fla.

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.

Rule 1.130(a) states: All bonds, notes, bills of exchange, contracts, accounts, or documents on which action may be brought or defense made, or a copy thereof or a copy of the portions thereof material to the pleadings, must be incorporated in or attached to the pleading.

1.480. Rule 1.480 - MOTION FOR A DIRECTED VERDICT (a) Effect. A party who moves for a directed verdict at the close of the evidence offered by the adverse party may offer evidence in the event the motion is denied without having reserved the right to do so and to the same extent as if the motion had not been made.

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Florida Answer to Counterclaim