Florida Rules of Civil Procedure – Part 2
The Florida Rules of Civil Procedure are the rules that govern how civil litigation in conducted in Florida’s state courts. The purpose of civil litigation is to resolve disputes, usually concerning money, by enforcing obligations and duties between parties to the action. The term “civil” is used in contrast to “criminal” actions, which have their own rules of procedure.
Procedural rules govern only the process through which substantive interests are maintained or redressed. Florida adopted the Rules of Civil Procedure in 1967 and they have been revised many times since then. The Rules were most recently amended in June 2022.
Florida’s Rules of Civil Procedure are generally organized in the order in which a case would progress through the various stages of litigation. This is the second in a series of articles providing a brief overview of some of the more important rules.
Rule 1.010 to Rule 1.090 deal with general matters. Rule 1.100 to Rule 1.270 deal with requirements related to pleadings, parties, and pre-trial matters. Rule 1.280 to Rule 1.410 deal with the procedures related to discovery. Rule 1.420 to Rule 1.481 deal with the procedures related to trials.
Rule 1.490 to Rule 1.491 deals with the procedures related to magistrates. Rule 1.500 deals with the procedures related to defaults and default judgments. Rule 1.510 deals with the procedures related summary judgment.
Rule 1.525 to Rule 1.540 deal with the procedures related to post-trial motions. Rules 1.550 to Rule 1.600 deal with the procedures related the enforcement of judgments. Rule 1.700 to Rule 1.830 deal with the procedures related to mediation and arbitration.
Pleadings and Motions
As noted, Rule 1.100 to Rule 1.130, the focus of this article, deals with requirements related to pleadings and motions.
Rule 1.100 – Pleadings and Motions
In litigation, pleadings are documents that recite the formal allegations of the claims and defenses of the parties. In most litigation, the pleadings consist of the plaintiff’s complaint and the defendant’s answer. There are other types of pleadings, including crossclaims, answers to crossclaims, third-party complaints, and third-party answers, which are discussed in Rule 1.170.
Rule 1.100 provides “[t]here must be a complaint or … 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 third-party answer if a third-party complaint is served.” Fla. R. Civ. P. 1.100(a).
“If an answer or third-party answer contains an affirmative defense and the opposing party seeks to avoid it, the opposing party must file a reply containing the avoidance.” Fla. R. Civ. P. 1.100(a). “No other pleadings will be allowed.” Fla. R. Civ. P. 1.100(a).
In litigation, pleadings are contrasted with motions. Motions are documents that make a formal request to the court for specific relief. “An application to the court for an order must be by motion which must be made in writing unless made during a hearing or trial, must state with particularity the grounds for it, and must set forth the relief or order sought.” Fla. R. Civ. P. 1.100(b).
“The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.” Fla. R. Civ. P. 1.100(b). “All notices of hearing must specify each motion or other matter to be heard.” Fla. R. Civ. P. 1.100(b).
Rule 1.110 – General Rules of Pleading
Pleadings
“A pleading … must state a cause of action and shall contain: (1) a short and plain statement of the grounds upon which the court’s jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a short and plain statement of the ultimate facts showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which the pleader deems himself or herself entitled.” Fla. R. Civ. P. 1.110(b)(1)–(3).
Very often, the same set of facts support several theories under which the plaintiff may recover. Rule 1.110 permits a plaintiff to assert alternative theories of liability. “Relief in the alternative or of several different types may be demanded.” Fla. R. Civ. P. 1.110(b). Except to establish the court’s jurisdiction, it is not necessary to request a specific sum of money in a complaint and “[e]very complaint shall be considered to pray for general relief.” Fla. R. Civ. P. 1.110(b).
Answers
An answer responds to a claim for relief in the plaintiff’s complaint by admitting or denying the allegations on which the adverse party relies. “In the answer a pleader shall state in short and plain terms the pleader’s defenses to each claim asserted and shall admit or deny the averments on which the adverse party relies.” Fla. R. Civ. P. 1.110(c).
“If the defendant is without knowledge, the defendant shall so state and such statement shall operate as a denial. Denial shall fairly meet the substance of the averments denied.” Fla. R. Civ. P. 1.110(c). “When a pleader intends in good faith to deny only a part of an averment, the pleader shall specify so much of it as is true and shall deny the remainder.” Fla. R. Civ. P. 1.110(c).
“Unless the pleader intends in good faith to controvert all of the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or may generally deny all of the averments except such designated averments as the pleader expressly admits, but when the pleader does so intend to controvert all of its averments, including averments of the grounds upon which the court’s jurisdiction depends, the pleader may do so by general denial.” Fla. R. Civ. P. 1.110(c).
Affirmative Defenses
Affirmative defenses do not deny facts of the opposing party’s claim, but raise new matters that defeat the opposing party’s otherwise apparently valid claim. See Tropical Exterminators, Inc. v. Murray, 171 So. 2d 432, 433 (Fla. 2d DCA 1965). Affirmative defenses are waived if not pled in the defendant’s answer. See Chambliss v. Benedikter, 941 So. 2d 589 (Fla. 4th DCA 2006).
“In pleading to a preceding pleading a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense.” Fla. R. Civ. P. 1.110(d).
Sometimes parties mistakenly label an affirmative defense as a counterclaim and vice versa. “When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on terms if justice so requires, shall treat the pleading as if there had been a proper designation.” Fla. R. Civ. P. 1.110(d).
“Affirmative defenses appearing on the face of a prior pleading may be asserted as grounds for a motion or defense under rule 1.140(b); provided this shall not limit amendments under rule 1.190 even if such ground is sustained.” Fla. R. Civ. P. 1.110(d).
An allegation is deemed admitted if a party fails to deny it in a pleading. Allegations “in a pleading to which a responsive pleading is required, other than those as to the amount of damages, are admitted when not denied in the responsive pleading.” Fla. R. Civ. P. 1.110(e). In certain instances, no responsive pleading is required or permitted. In those cases, the allegations “shall be taken as denied or avoided.” Fla. R. Civ. P. 1.110(e).
Allegations in pleadings must be made in separate paragraphs. “All [allegations] of claim or defense shall be made in consecutively numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances, and a paragraph may be referred to by number in all subsequent pleadings.” Fla. R. Civ. P. 1.110(f).
Similarly, different claims or defenses in pleadings should be made as separate counts. “Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense when a separation facilitates the clear presentation of the matter set forth.” Fla. R. Civ. P. 1.110(f).
A plaintiff may plead and litigate inconsistent or mutually exclusive remedies. However, the plaintiff may not ultimately recover two or more judgments for the same wrong. For example, in a breach of contract action, a plaintiff may seek money damages caused by the breach and may seek specific performance, which means requiring the defendant to perform their part of the contract. However, at trial the plaintiff could only get one of those two remedies.
Joinder of Causes of Action; Consistency
“A pleader may set up in the same action as many claims or causes of action or defenses in the same right as the pleader has, and claims for relief may be stated in the alternative if separate items make up the cause of action, or if 2 or more causes of action are joined.” Fla. R. Civ. P. 1.110(g).
“A party may also set forth 2 or more statements of a claim or defense alternatively, either in 1 count or defense or in separate counts or defenses. When 2 or more statements are made in the alternative and 1 of them, if made independently, would be sufficient, the pleading is not made insufficient by the insufficiency of 1 or more of the alternative statements.” Fla. R. Civ. P. 1.110(g).
“A party may also state as many separate claims or defenses as that party has, regardless of consistency and whether based on legal or equitable grounds or both. All pleadings shall be construed so as to do substantial justice.” Fla. R. Civ. P. 1.110(g).
Rule 1.120 – Pleading Special Matters
Ordinarily, it is sufficient for allegations in pleadings to be general. For example, “[i]t is not necessary to [allege] the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party [in a pleading], except to the extent required to show the jurisdiction of the court.” Fla. R. Civ. P. 1.120(a).
However, certain allegations in pleadings, such as allegations of fraud, must be made with specificity. “When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, that party shall do so by” specifically raising the issue in a responsive pleadings, “which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.” Fla. R. Civ. P. 1.120(a).
Further, all allegations of “fraud or mistake, the circumstances constituting fraud or mistake shall be stated with such particularity as the circumstances may permit.” Fla. R. Civ. P. 1.120(b). However, “[m]alice, intent, knowledge, mental attitude, and other condition of mind of a person may be averred generally.” Fla. R. Civ. P. 1.120(b).
“In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred.” Fla. R. Civ. P. 1.120(c). However, “[a] denial of performance or occurrence shall be made specifically and with particularity.” Fla. R. Civ. P. 1.120(c).
“For the purpose of testing the sufficiency of a pleading, [allegations] of time and place are material and shall be considered like all other [allegations] of material matter.” Fla. R. Civ. P. 1.120(f). Additionally, “[w]hen items of special damage are claimed, they shall be specifically stated.” Fla. R. Civ. P. 1.120(g).
Rule 1.130 – Attaching Copy of Cause of Action and Exhibits
When a cause of action is based on a document, that document usually must be attached to the pleading. For example, in a breach of contract action, the contract almost always must be attached to the complaint. Rule 1.130 provides, “[a]ll 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.” Fla. R. Civ. P. 1.130(a).
Nevertheless, “[n]o documents shall be unnecessarily annexed as exhibits. The pleadings must contain no unnecessary recitals of deeds, documents, contracts, or other instruments.” Fla. R. Civ. P. 1.130(a). Additionally, “[a]ny exhibit attached to a pleading must be considered a part thereof for all purposes.” Fla. R. Civ. P. 1.130(b).
In the interest of brevity, it is not necessary to repeat the same allegations over and over again. Instead, allegations can be adopted by referencing in the same or subsequent pleading or motion. “Statements in a pleading may be adopted by reference in a different part of the same pleading, in another pleading, or in any motion.” Fla. R. Civ. P. 1.130(b).