Fort Myers, FL asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida

Q: Is a plaintiff required to respond to defendant's opposition to an amended complaint?

provide rule governing response to amended pleading

2 Lawyer Answers

A: It depends on (A) what you mean by "opposition" to an amended complaint (motion to dismiss?, answer and affirmative defenses?), and (B) which court you're in (State or Federal, and if in State, which level (small claim or a level above small claim?). I therefore suggest you post a new inquiry with that specific info.

Also, if you're representing yourself in any court that is not small claims court, you need to review the entire set of rules of procedure applicable to that particular court; they are available online. For example, if you're in State Court (either Circuit or County Court, but not small claims), the Fla. Rules of Civil Procedure apply, and on your issue, you'd look for all rules about pleadings and defenses. Some of the rules are clear enough to any layperson that no consultation with a lawyer is necessary, and other rules are such that a consultation may be needed to understand them.

A: Do you mean "motion to dismiss"? If so, you must appear at a hearing and respond that way.

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