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I. Text of Rule 12.01: A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against such party shall serve an answer thereto within thirty (30) days after the service upon him or her.
Florida Rule of Civil Procedure 1.190(a) allows a Plaintiff to amend its original complaint as a matter of course one time before the Complaint is served. Meaning you can file the Amended Complaint without going to court, asking the judge's permission or obtaining court approval.
To amend a civil complaint, you must prepare a new complaint. You title it an ?Amended Complaint.? You file it with the clerk of the court where you filed your original case. Then, you must serve a copy on all of the other parties following the court rules for service of process.
A party may amend the party's pleadings 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 set for trial, the party may so amend it at any time within fifteen (15) days after it is served.
I. Text of Rule 12.01: A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against such party shall serve an answer thereto within thirty (30) days after the service upon him or her.
If you receive a Motion to Dismiss or a Motion for Summary Judgment, you must respond no later than five business days before the motion is set for a hearing. The judge will hold a hearing to dismiss or for summary judgment over the phone.
A pleading may be amended ?once by the party of course, and without costs, at any time before the answer or demurrer is filed,? or before the hearing on the demurrer. Amendment is made by filing the pleading as amended and serving a copy on the adverse party.
A party may amend the party's pleading once as a matter ofcourse at any time before a responsive pleading is served or, ifthe pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any ,time within 20 days after it is served.
844 of 2015 the Supreme Court ruled that if the amendment which is sought to be done in the complaint, and is only a simple infirmity, which is responsive to by the means of a formal amendment, and no prejudice is done to the other side in the process, then the Court may allow amendment of the complaint.