Q: What is a counterclaim versus s counter petition in Florida? I answered the dissolution of marriage on April 1st,2013,
Which was the due date. wouldn't a counterclaim or a counterpetition be due at the same time? I want to amend my answer to the petition, what do I do now?
A: it is the same thing. If you want to amend you have to file a motion to amend plus attached the proposed amended document.
If you just filed the answer, you can immediately file an amended and a counter.
Here is the rule:
RULE 1.190. AMENDED AND SUPPLEMENTAL PLEADINGS
(a) Amendments. A party may amend a pleading 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 placed on the trial calendar, may so amend it at any time within 20 days after it is served.
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