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How much time do I have in Florida to amend an "Answer" to a Motion? Family Law

Orlando, FL |

My ex- filed a Motion for Modification and Parenting Plan pro se. I answered within the 20 days allowed pro se. I would like to add something to my "Answer". Can I? Do I have time? Thanks.

Attorney Answers 6

  1. Best answer

    This question is governed by the Florida Family Law Rules and the Florida Rules of Civil Procedure. In this instance, you will have to seek leave of court by filing a motion to amend your answer. Normally, you will have to attach a copy of your suggested revised answer to your motion to amend. The ability to amend your "Answer" will probably weigh upon why or what you wish to add, revise or subtract.

    This is not legal advice and an attorney client relationship has not been formed. It is important to seek the advise of a competent attorney if you need legal help.

  2. You can amend once so long as no other pleadings have been filed. Otherwise only with his permission or court order in a motion to amend from you. Court is supposed to liberally allow amendments and usually does unless set for trial or hearing.

    This answer was provided as a courtesy to you and no attempt was made to establish any type of attorney/client relationship.

  3. Yes you can - the timing of it will determine if you need to file a motion for leave to amend. I would recommend you consult with a local attorney or read the rules of civil procedure that govern.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  4. Generally, family court judges in Florida will allow a party to amend their pleadings as almost a matter of right; although an amending party does have to follow the rules if they want to amend after a responsive pleading has been served/filed, etc.

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

  5. I agree with my colleagues. You may amend your answer so long as no responsive pleading has been filed and served. Otherwise, the other option would be to ask the Court through a motion for leave to amend your answer if you would like to add something to it. Hiring an attorney could help you accomplish this.

  6. The simple answer is yes you can always request the court allow you to file an Amended Answer, it is not too late.

    Jennifer T. Dane, Esq.

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