Florida Civil Procedure

START WITH JURISDICTION: Power of the Court to hear a case and render a binding judgement. (Subject Matter & Personal).
Circuit SMJ- Probate, Guardianship, juvenile, felonies, family law, tax assessments, ejectment, appeal from county court, civil cases
over $30,000. County SMJ- Misdemeanors, municipal ordinance violations/traffic, simple uncontested divorce, HOA disputes, civil
cases up to $30,000. PJ- In personam (residency), long-arm (minimum contacts), In rem/Quasi In Rem (property)

THEN VENUE: Venue determines which county in which the action may be brought. Cases involving real or personal property must
be brought where the property involved is physically located. For actions not involving property, venue exists in the county in which D
resides at the time the action is commenced or where the COA accrued.

FLSC: Mandatory jurisdiction over capital cases, constitutional questions, bond validations, and public utility cases. Original Non-
Exclusive jurisdiction for writs of prohibition to other courts, writs of mandamus to state officers/agencies, writs of habeas corpus,
writs of quo warranto, writs necessary to complete exercise of its jurisdiction, and to promulgate Court rules. FLSC may also issue
advisory opinions at request of Governor to interpret any portion of the Constitution concerning Governor’s power and duties

INITIAL PLEADINGS MOTIONS DISCOVERY TERMINATION VERDICT/ APPELLATE

WITHOUT TRIAL TRIAL
JUDGMENTS REVIEW

WHAT IS FILED? TIMING ANYTHING ELSE I NEED TO KNOW?

Complaint (short plain stmt of grounds of jurisdiction, ultimate facts showing P is entitled relief,
and demand for judgement for relief sought; fraud COA must be please with specificity)/
Answer (admits or denies allegation of pleading it responds; failure to deny is admission;
Asserts Defenses- stated specifically and with particularity; Affirmative Defenses include
contributory negligence, fraud, illegality, SOF, duress, assumption of risk, waiver, SOF, res
Complaint, Answer,
judicata, etc.; Certain defenses waived if not raised in pre-answer motion- lack of PJ, improper
Counterclaim, Cross- Service of complaint within 120 days.
venue, insufficiency of process/service of process; Defenses that can be brought at ANY time
Claim, Reply, Answer Answers in 20 days. Reply within 20
at Judge’s discretion- failure to state COA, failure to join indispensable party, objection of
to Counterclaim, and days of Answers.
failure to state a legal defense; Non-waivable defense of lack of SMJ can be raised at any time
Answer to Cross-Claim
even for the first time on appeal)/ Counterclaim (Filed by D against P- compulsory arises out
of same transaction or occurrence)/ Cross-Claim (Filed by one party against a co-party that
arises out of same transaction or occurrence as original claim or counterclaim and are
permissive; reply is required only if the answer contains an affirmative defense that opposing
party seeks to avoid)

Motion to Dismiss, A motion must be in writing (unless made during hearing or trial, state with particularity the
Motion for Judgement grounds upon which it is based and set forth the relief or order sought./ Motion for Judgment
Strike- Anytime; Definite Stmt- Before
on the Pleadings, on the Pleadings is analogous to Motion to Dismiss, but is made AFTER pleadings are closed
responsive pleading; Most motions can
Motion for More but not too late to delay trial/ If order for More Definite Stmt is entered but not obeyed within 10
be filed anytime
Definite Statement, days of notice of Court’s order, the Court may strike pleading; response must be served within
Motion to Strike 10 days of svc of more definitive stmt.

Impleader (Allows D to bring in 3rd party who may be liable to D for all or part of claim; no
Impleader, motion necessary if filed within 20 days if D’s answer)/ Intervention (Non party enters on their
Intervention, Impleader- 20 days own motion and becomes 3rd party P; may be made at anytime up to the verdict and up to
Interpleader Court’s discretion to allow)/ Interpleader (Persons with conflicting claims may be joined as Ds
and required to interplead for party to avoid double/multiple liability)

A pleading may be amended once before a responsive pleading is served or, if no responsive
pleading is required and the action has not been placed on the trial calendar, within 20 days of
Within 20 days of service; 10 days for
Amendments service of the pleading. After expired time period, party needs permission from the court or
response
consent from opposing party in order to amend. Response within 10 days of service unless
court orders otherwise

Depos- 30 days; Interrogatories,

Unless otherwise agreed, P must appear for depos in forum where action is pending. Video
Admissions, Request for Prod,
Discovery depos may be taken by stip of parties or by court order/ Interrogatories limited to 30 questions
Examinations- 30 days/45 for D;
unless Court allows more.
Expedited trial- 60 days

Involuntary dismissal- 10 mos + 60
Dismissal, Default days; SJ- 20 days for P and anytime for
Judgement, Summary D; Settlement- 90 days after svc and
Judgment, Settlement commencement of action and at least 45
days before trial
Party can only dismiss without prejudice once and subsequent is adjudication on the merits/
SJ at close of discovery where no genuine issue of material fact and moving party is entitled to
JMOL; move for SJ any time after 20 days from commencement of action or after svc of
motion for SJ by adverse party; D may make SJ motion anytime; SJ motion must be served at
least 20 days before hearing on it;

30 days notice required; Jury trial

Pretrial conference is mandatory and each party must receive 20 days notice prior to
Trial demand- 10 days after svc of last
scheduling of pretrial conference
pleading

JNOV- 15 days; motion for new trial- 15 Motion for directed verdict is made after P’s case, but before D’s case/ Party may move for
Verdict/Judgements days; motion for costs/fees- 30 days; fees after FJ is filed, court imposes judgement of dismissal or P serves notice of voluntary
Appeals- 30 days dismissal OR motion filed within 30 days of judgment