How Do I File an Amended Complaint in Florida?
Full Question:
Answer:
Please see the following FL statute:
Rule 1.190. Amended and Supplemental Pleadings
(a) Amendments. 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. If a party files a motion to amend a
pleading, the party shall attach the proposed amended
pleading to the motion. Leave of court shall be given freely
when justice so requires. A party shall plead in response to
an amended pleading within 10 days after service of the
amended pleading unless the court otherwise orders.
(b) Amendments to Conform with the Evidence.
When issues not raised by the pleadings are tried by express
or implied consent of the parties, they shall be treated in
all respects as if they had been raised in the pleadings.
Such amendment of the pleadings as may be necessary to cause
them to conform to the evidence and to raise these issues may
be made upon motion of any party at any time, even after
judgment, but failure so to amend shall not affect the result
of the trial of these issues. If the evidence is objected to
at the trial on the ground that it is not within the issues
made by the pleadings, the court may allow the pleadings to
be amended to conform with the evidence and shall do so
freely when the merits of the cause are more effectually
presented thereby and the objecting party fails to satisfy
the court that the admission of such evidence will prejudice
the objecting party in maintaining an action or defense upon
the merits.
(c) Relation Back of Amendments. When the claim
or defense asserted in the amended pleading arose out of the
conduct, transaction, or occurrence set forth or attempted to
be set forth in the original pleading, the amendment shall
relate back to the date of the original pleading.
(d) Supplemental Pleadings. Upon motion of a
party the court may permit that party, upon reasonable notice
and upon such terms as are just, to serve a supplemental
pleading setting forth transactions or occurrences or events
which have happened since the date of the pleading sought to
be supplemented. If the court deems it advisable that the
adverse party plead thereto, it shall so order, specifying
the time therefor.
(e) Amendments Generally. At any time in
furtherance of justice, upon such terms as may be just, the
court may permit any process, proceeding, pleading, or record
to be amended or material supplemental matter to be set forth
in an amended or supplemental pleading. At every stage of the
action the court must disregard any error or defect in the
proceedings which does not affect the substantial rights of
the parties.
(f) Claims for Punitive Damages. A motion for
leave to amend a pleading to assert a claim for punitive
damages shall make a reasonable showing, by evidence in the
record or evidence to be proffered by the claimant, that
provides a reasonable basis for recovery of such damages. The
motion to amend can be filed separately and before the
supporting evidence or proffer, but each shall be served on
all parties at least 20 days before the hearing.