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Fighting the Motion to Dismiss Florida Rules of Civil Procedure 1.190 can aid in shortcutting a Motion to Dismiss. The Rule allows the Plaintiff to amend a pleading once, without permission of the Court, prior to a responsive pleading from the Defendant. A Motion to Dismiss is not a responsive pleading.

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.?

The basic requirements for filing a motion to dismiss in a criminal case include: Be in writing and signed by the party or party's attorney making the motion. State the grounds for the case. A copy of the motion must be served on the adverse party. Be sworn by the defendant. Be accompanied by a certificate of service.

Within thirty-five days after entry of a default, the party entitled to a default judgment must apply for the default judgment or must file a paper identifying each unresolved issue ? such as the liability of another defendant ? necessary to entry of the default judgment. (d) FAILURE TO ACT TIMELY.

During the arbitration, there is an actual ?hearing,? similar to a court hearing, but in a less formal setting. There are opening statements, presentation of the evidence, cross-examination, and closing arguments. Like a court trial, you have little control over the outcome.

Compulsory Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award.