Fla. Fam. L. R. P. 12.110

RULE 12.110

GENERAL RULES OF PLEADING

(a) Forms of Pleadings. Forms of action and technical forms

for seeking relief and of pleas, pleadings, or motions are abolished.

(b) Claims for Relief. A pleading which sets forth a claim for

relief, whether an original petition, counterpetition, counterclaim,

crossclaim, or third-party claim, must state a cause of action and

must contain

(1) a short and plain statement of the grounds on

which the court’s jurisdiction depends, unless the court already has

jurisdiction and the pleading needs no new grounds of jurisdiction

to support it,

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(2) a short and plain statement of both the relief

requested and the ultimate facts showing that the pleader is

entitled to that relief, and

(3) a demand for judgment for the relief to which the

pleader deems himself or herself entitled.

Relief in the alternative or of several different types may be

demanded. Every petition shall be considered to pray for general

relief.

(c) The Answer. In the answer a pleader must state in short

and plain terms the pleader’s answers to each claim asserted and

must admit or deny the allegations on which the adverse party

relies. If the pleader is without knowledge, he or she must so state

and such statement operates as a denial. Denial must fairly meet

the substance of the allegations denied. When a pleader intends in

good faith to deny only a part of an allegation, the pleader must

specify so much of it as is true and must deny the remainder.

Unless the pleader intends in good faith to controvert all of the

allegations of the preceding pleading, the pleader may make denials

as specific denials of designated allegations or may generally deny

all of the allegations except such designated allegations as the

pleader expressly admits. However, when the pleader does so intend

to controvert all of its allegations, including allegations of the

grounds on which the court’s jurisdiction depends, the pleader may

do so by general denial.

(d) Affirmative Defenses. In the answer a party must state

affirmatively any matter constituting an avoidance or affirmative

defense or any other affirmative defense as allowed by law. When a

party has mistakenly designated a defense as a counterclaim or a

counterclaim as a defense, the court, on terms if justice so requires,

must treat the pleading as if there had been a proper designation.

Affirmative defenses appearing on the face of a prior pleading may

be asserted as grounds for a motion or defense under rule 12.140,

provided this shall not limit amendments under rule 12.190 even if

such grounds are sustained.

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(e) Effect of Failure to Deny. Allegations in a pleading to

which a responsive pleading is required, other than those as to the

relief requested, are admitted when not denied in the responsive

pleading. Allegations in a pleading to which no responsive pleading

is required or permitted must be taken as denied or avoided.

(f) Separate Statements. All allegations of claim or defense

must be made in consecutively numbered paragraphs, the contents

of each of which must be limited as far as practicable to a

statement of a single set of circumstances, and a paragraph may be

referred to by number in all subsequent pleadings. Each claim

founded upon a separate transaction or occurrence and each

defense other than denials must be stated in a separate count or

response when a separation facilitates the clear presentation of the

matter set forth.

(g) Joinder of Causes of Action; Consistency. A pleader

may set up in the same action as many claims or causes of action

or defenses in the same right as the pleader has, and claims for

relief may be stated in the alternative if separate items make up the

cause of action, or if 2 or more causes of action are joined. A party

may also set forth 2 or more statements of a claim or defense

alternatively, either in 1 count or defense or in separate counts or

defenses. When 2 or more statements are made in the alternative

and 1 of them, if made independently, would be sufficient, the

pleading is not made insufficient by the insufficiency of 1 or more of

the alternative statements. A party may also state as many separate

claims or defenses as that party has, regardless of consistency and

whether based on legal or equitable grounds or both. All pleadings

must be construed so as to do substantial justice.

(h) Subsequent Pleadings. When the nature of an action

permits pleadings subsequent to final judgment and the jurisdiction

of the court over the parties has not terminated, the initial pleading

subsequent to final judgment must be designated a supplemental

petition. The action must then proceed in the same manner and

time as though the supplemental petition were the initial pleading

in the action, including the issuance of any needed process.

Proceedings to modify a final judgment must be initiated only under

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this subdivision and not by motion. This subdivision does not apply

to proceedings that may be initiated by motion under these rules.

1995 Adoption. This rule clarifies that final judgment

modifications must be initiated pursuant to a supplemental petition

as set forth in rule 1.110(h), rather than through a motion. Rule

1.110(h) is to be interpreted to require service of process on a

supplemental petition as set forth in Florida Family Law Rule of

Procedure 12.070.