Pleadings and Motions Flashcards
Can the defendant raise the defense of insufficient service of process in the answer following a pre-reply motion?
A party who makes a pre-reply motion under Fla. R. Civ. P. 1.140 may join with it the other motions then available to that party. The party waives any defenses that are available to the party at the time of the motion that are not raised in the motion, including the insufficient service of process defense.
Can a party amend a pleading after the defendant has responded?
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. Otherwise a party may amend a pleading only by leave of court or by written consent of the adverse party.
Time computation
When computing a time period that is measured in days or a longer time, the period begins on the next day that is not a Saturday, Sunday, or legal holiday. Thus, here, Friday the 9th would be the first day counted. Also, the rule states that if the deadline is less than seven days, you do not count Saturday, Sunday, or legal holidays.
