Q: Do I have to respond to Defendant's Affirmative Defenses and move to judgement against me, plaintiff?
This is a Civil Circuit case in Florida.
A:
If you don't want your case to get confused by the affirmative defenses, and you don't want to have to deal with them if you go to trial, you can move to strike them. I'm not sure what you mean by "Do I have to ... move to judgment against me ...". For further information, see Florida Rules of Civil Procedure, and specifically Rules 1.100, 1.110, and 1.120.
http://phonl.com/fl_law/rules/FRCP/
Bruce Alexander Minnick agrees with this answer
A: Filing a reply to affirmative defenses is optional, but in some situations, it is very important to file a reply. Regarding your phrase "move to judgement against me", that is very vague; not sure if you mean that the defendant's pleading asks for a judgment in his/her/its favor on the issue of liability, and/or the defendant has filed a counterclaim, and/or the defendant has filed a motion for summary judgment. (Spelling of judgment of a court is this way, not "judgement".) Regardless, there is no possible way to get a professional opinion on what you must or should do in this situation without scheduling a consultation with an attorney who will review your materials.
Bruce Alexander Minnick agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
