Florida General Form of an Answer by Defendant in a Civil Lawsuit

State:
Multi-State
Control #:
US-00961BG
Format:
Word; 
Rich Text
Instant download

Description

This is an answer to a civil lawsuit which includes affirmative defenses.

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  • Preview General Form of an Answer by Defendant in a Civil Lawsuit

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FAQ

Your answer must be in writing and must be filed (received) on time with the Clerk of Courts at the Courthouse of the County listed at the top of the Summons (For example, Duval County Courthouse, etc.).

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.

Additionally, Rule 1.340(a) requires that ?[if] the supreme court has approved a form of interrogatories for the type of action, the initial interrogatories shall be in the form approved by the court.? The Florida Supreme Court has approved six sets of form interrogatories for negligence, automobile negligence and ...

If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion ...

(b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with such particularity as the circumstances may permit. Malice, intent, knowledge, mental attitude, and other condition of mind of a person may be averred generally.

Answer: a defendant's response to a plaintiff's initial court filing (called a complaint or petition). An answer normally denies some or all of the facts in the complaint and sometimes includes allegations or charges against a plaintiff, called a cross-complaint.

For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.

(f) Motion to Strike. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.

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Florida General Form of an Answer by Defendant in a Civil Lawsuit