This form is a sample of a defendant's answer and defenses to the plaintiff's amended complaint.
Florida Answer and Defenses to Amended Complaint
State:
Multi-State
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US-PI-0188
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Word;
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Rule 1.140 - DEFENSES (a) When Presented. (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.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
An amended pleading is a pleading that is entirely rewritten pertaining to matters of substance, and is used in place of, and supersedes the original pleading; an amended Complaint should be verified the same as the original Complaint and a Summons issued and served on un-served defendants, and time to answer or ...
Service of such an answer or reply shall be made within twenty days after service of the amended or supplemental pleading to which it responds.
Florida Rule of Civil Procedure 1.100(a) states that ?if an answer ... contains an affirmative defense and the opposing party seeks to avoid it, the opposing party shall file a reply containing the avoidance. No other pleadings shall be allowed.? (Emphasis supplied.)
A party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders.
(D) Answer. affirmation to the original or amended complaint within 30 days of the date of service thereof, but the hearing officer may, for good cause shown, grant further time for the filing of an answer.