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Florida Rules of Civil Procedure
 

Florida Rules of Civil Procedure

1.100 Pleadings and Motions

(a) Pleadings. There shall be a complaint or, when so designated by a statute or rule, a petition, and an answer to it; an answer to a counterclaim denominated as such; an answer to a crossclaim if the answer contains a crossclaim; a third-party complaint if a person who was not an original party is summoned as a third-party defendant; and a thirdparty answer if a third-party complaint is served. If an answer or third-party 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.

(b) Motions. An application to the court for an order shall be by motion which shall be made in writing unless made during a hearing or trial, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. All notices of hearing shall specify each motion or other matter to be heard.

(c) Caption.

(1) Every pleading, motion, order, judgment, or other paper shall have a caption containing the name of the court, the file number, the name of the first party on each side with an appropriate indication of other parties, and a designation identifying the party filing it and its nature or the nature of the order, as the case may be. All papers filed in the action shall be styled in such a manner as to indicate clearly the subject matter of the paper and the party requesting or obtaining relief.

(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at the time an initial complaint or petition is filed by the party initiating the action. If the cover sheet is not filed, the clerk shall accept the complaint or petition for filing; but all proceedings in the action shall be abated until a properly executed cover sheet is completed and filed. The clerk shall complete the civil cover sheet for a party appearing pro se.

(3) A final disposition form (form 1.998) shall be filed with the clerk by the prevailing party at the time of the filing of the order or judgment which disposes of the action. If the action is settled without a court order or judgment being entered, or dismissed by the parties, the plaintiff or petitioner immediately shall file a final disposition form (form 1.998) with the clerk. The clerk shall complete the final disposition form for a party appearing pro se, or when the action is dismissed by court order for lack of prosecution pursuant to rule 1.420(e).

(d) Motion in Lieu of Scire Facias. Any relief available by scire facias may be granted on motion after notice without the issuance of a writ of scire facias.

 

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Florida Rules of Civil Procedure
1.010 Scope and Title of Rules
1.030 Nonverification of Pleadings
1.040 One Form of Action
1.050 When Action Commenced
1.060 Transfers of Actions
1.061 Choice of Forum
1.070 Process
1.080 Service of Pleadings and Papers
1.090 Time
1.100 Pleadings and Motions
1.110 General Rules of Pleading
1.120 Pleading Special Matters
1.130 Attaching Copy of Cause of Action and Exhibits
1.140 Defenses
1.150 Sham Pleadings
1.160 Motions
1.170 Counterclaims and Crossclaims
1.180 Third-party Practice
1.190 Amended and Supplemental Pleadings
1.200 Pretrial Procedure
1.201 Complex Litigation
1.210 Parties
1.220 Class Actions
1.221 Homeowners and Condominium Assocs
1.222 Mobile Homeowners Assoc
1.230 Intervention
1.240 Interpleader
1.250 Misjoinder and Nonjoinder of Parties
1.260 Survivor, Substitution of Parties
1.270 Consolidation, Separate Trials
1.280 General Provisions Governing Discovery
1.290 Depositions Before Action or Pending Appeal
1.300 Persons Before Whom Depositions May Be Taken
1.310 Depositions Upon Oral Examination
1.320 Depositions Upon Written Questions
1.330 Use of Depositions in Court Proceedings
1.340 Interrogatories to Parties
1.350 Production of Documents and Things and Entry Upon Land for Inspection
1.351 Production of Documents and Things Without Deposition
1.360 Examination of Persons
1.370 Requests for Admission
1.380 Failure to Make Discovery, Sanctions
1.390 Depositions of Expert Witnesses
1.410 Subpoena
1.420 Dismissal of Actions
1.430 Demand for Jury Trial, Waiver
1.431 Trial Jury
1.440 Setting Action for Trial
1.442 Proposals for Settlement
1.450 Evidence
1.452 Questions by Jurors
1.455 Juror Notebooks
1.460 Continuances
1.470 Exceptions Unnecessary, Jury Instructions
1.480 Motion for a Directed Verdict
1.481 Verdicts
1.490 Magistrates
1.500 Defaults and Final Judgments Thereon
1.510 Summary Judgment
1.520 View
1.525 Motions For Costs and Attorneys Fees
1.530 Motions For New Trial and Rehearing; Amendments of Judgments
1.540 Relief from Judgment, Decrees or Orders
1.550 Executions and Final Process
1.560 Discovery in Aid of Execution
1.570 Enforcement of Final Judgments
1.580 Writ of Possession
1.590 Process in Behalf of and Against Persons Not Parties
1.600 Deposits in Court
1.610 Injunctions
1.620 Receivers
1.625 Proceedings Against Surety on Judicial Bonds
1.630 Extraordinary Remedies
1.650 Medical Malpractice Presuit Screening Rule
1.700 Rules Common to Mediation and Arbitration
1.710 Mediation Rules
1.720 Mediation Procedures
1.730 Completion of Mediation
1.750 County Court Actions
1.800 Exclusion From Arbitration
1.810 Selection and Compensation of Arbitrators
1.820 Hearing Procedures for Non-binding Arbitration
1.830 Voluntary Binding Arbitration
1.900 Forms
 
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
 
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