Fla. Fam. L. R. P. 12.140

RULE 12.140

RESPONSES

(a) When Presented.

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(1) Unless a different time is prescribed in a statute of

Florida, a respondent must serve a response within 20 days after

service of original process and the initial pleading on the

respondent, or not later than the date fixed in a notice by

publication. The petitioner must serve a response to a

counterpetition within 20 days after service of the counterpetition. If

a reply is required, the reply must be served within 20 days after

service of the response. A party served with a pleading stating a

crosspetition against that party must serve a response to it within

20 days after service on that party.

(2) The service of a motion under this rule, except a

motion for judgment on the pleadings or a motion to strike under

subdivision (f), alters these periods of time so that if the court

denies the motion or postpones its disposition until the trial on the

merits, the responsive pleadings must be served within 10 days

after notice of the court’s action or, if the court grants a motion for

a more definite statement, the responsive pleadings must be served

within 10 days after service of the more definite statement unless a

different time is fixed by the court in either case.

(3) If the court permits or requires an amended or

responsive pleading or a more definite statement, the pleading or

statement must be served within 10 days after notice of the court’s

action. Responses to the pleadings or statements must be served

within 10 days of service of such pleadings or statements.

(b) How Presented. Every defense in law or fact to a claim

for relief in a pleading must be asserted in the responsive pleading,

if one is required, but the following responses may be made by

motion at the option of the pleader:

(1) lack of jurisdiction over the subject matter;

(2) lack of jurisdiction over the person;

(3) improper venue;

(4) insufficiency of process;

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(5) insufficiency of service of process;

(6) failure to state a cause of action; and

(7) failure to join indispensable parties.

A motion making any of these responses must be made before

pleading if a further pleading is permitted. The grounds on which

any of the enumerated responses are based and the substantial

matters of law intended to be argued must be stated specifically and

with particularity in the responsive pleading or motion. Any ground

not stated must be deemed to be waived except any ground showing

that the court lacks jurisdiction of the subject matter may be made

at any time. No response or objection is waived by being joined with

other responses or objections in a responsive pleading or motion. If

a pleading sets forth a claim for relief to which the adverse party is

not required to serve a responsive pleading, the adverse party may

assert any defense in law or fact to that claim for relief at the trial,

except that the objection of failure to state a legal defense in an

answer or reply must be asserted by motion to strike the defense

within 20 days after service of the answer or reply.

(c) Motion for Judgment on the Pleadings. After the

pleadings are closed, but within such time as not to delay the trial,

any party may move for judgment on the pleadings.

(d) Preliminary Hearings. The responses in subdivisions

(b)(1)–(b)(7), whether made in a pleading or by motion, and the

motion for judgment in subdivision (c) must be heard and

determined before trial on application of any party unless the court

orders that the hearing and determination will be deferred until the

trial.

(e) Motion for More Definite Statement. If a pleading to

which a responsive pleading is permitted is so vague or ambiguous

that a party cannot reasonably be required to frame a responsive

pleading, that party may move for a more definite statement before

interposing a responsive pleading. The motion must point out the

defects complained of and the details desired. If the motion is

granted and the order of the court is not obeyed within 10 days

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after notice of the order or such other time as the court may fix, the

court may strike the pleading to which the motion was directed or

make such order as it deems just.

(f) Motion to Strike. A party may move to strike or the

court may strike redundant, immaterial, impertinent, or scandalous

matter from any pleading at any time.

(g) Consolidation of Responses. A party who makes a

motion under this rule may join with it the other motions herein

provided for and then available to that party. If a party makes a

motion under this rule but omits from it any responses or

objections then available to that party that this rule permits to be

raised by motion, that party shall not thereafter make a motion

based on any of the responses or objections omitted, except as

provided in subdivision (h)(2).

(h) Waiver of Responses.

(1) A party waives all responses and objections that the

party does not present either by motion under subdivisions (b), (e),

or (f) or, if the party has made no motion, in a responsive pleading

except as provided in subdivision (h)(2).

(2) The responses of failure to state a cause of action or

a legal defense or to join an indispensable party may be raised by

motion for judgment on the pleadings or at the trial on the merits in

addition to being raised either in a motion under subdivision (b) or

in the answer or reply. The defense of lack of jurisdiction of the

subject matter may be raised at any time.