Amending Petition In Florida

Summary

In Florida, you generally need court permission to amend a petition if the other party has filed a motion to dismiss or if the time to amend as a matter of course has passed. You can amend once within 20 days after service of a motion directed to the original pleading without court permission. If the opposing party files a motion to dismiss, you can oppose the motion, amend your petition (with courts permission if outside the 20-day window), or file a new petition. You typically have 20 days to respond to a motion to dismiss and do not need court permission to file this response. Consult a local attorney for specific advice.

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Fl
In Florida, you typically need leave of court to amend a petition if:
- The other party has filed a motion to dismiss.
- The time to amend as a matter of course has passed.
Please consult a local attorney for advice specific to your situation.
Phil
Hello Phil, in Florida, you may need to obtain court leave to amend a petition if:
- The other party has filed a motion to dismiss.
- Your time to amend as a matter of course has expired.
For a more specific advice, consider contacting a local attorney.
The other party filed a motion to dismiss. Do I have any days to File an amendment
In Florida, court rules allow you to amend once as a matter of course within 20 days after service of a motion directed to the original pleading. After that, you'll need court's permission.
If the opposing party filed a motion to dismiss what are my options
In Florida, if the opposing party has filed a motion to dismiss, your options may include:
- Opposing the motion to dismiss
- Amending your petition (with court's permission if outside the *-day window)
- Filing a new petition
Please consult with a local attorney for specifics.
What is the rule to responding to a motion to dismiss
In Florida, when responding to a motion to dismiss:
- You typically have 20 days to file a response.
- Your response should address each point raised in the motion to dismiss.
- You can request a hearing to argue your response in person.
Please consult a local attorney for advice specific to your situation.
Do I need leave of court to respond to a motion to Dismiss
In Florida, you typically do not need leave of court to respond to a motion to dismiss. You have a right to respond within the specified timeframe, generally 20 days. Please consult a local attorney for advice specific to your situation.