Business lawsuits can be complex, and there can be times when necessary legal claims and defenses are omitted from a pleading. Under these circumstances, parties usually want to add the missing information to their pleadings by filing a new document. This is called filing an amended pleading. However, depending on the timing, a plaintiff or defendant may have to file a motion and get permission from the court before filing their amended document. In this situation, you may need to know: Can I file a motion for leave to amend my pleadings?
When Would a Party Need to Amend a Pleading?
In Florida, parties who want to amend their pleadings usually seek to do so when a cause of action is left out of a Complaint. They may also need to file an amended pleading when an affirmative defense is omitted from an Answer.
Do Parties Have to Seek Permission to Amend their Pleadings?
Depending on the timing and issue, a party may or may not need to file a motion asking permission from the court before filing a pleading. If you have left out an affirmative defense, Florida law provides that when most defenses that are not raised in a responsive pleading are considered waived. However, there is a rule of civil procedure that permits parties to amend pleadings without leave (permission) from the court.
The rule (Rule 1.190) provides that a party who has filed a Complaint can amend this pleading without leave (asking the court through a motion) at any time before the other party files their responsive pleading. Responsive pleadings can be amended without leave of court within twenty days of the document being filed as long as the case has not been scheduled for trial.
What Happens if My Amendment Deadline Has Passed?
If you have filed a complaint or responsive pleading outside of the timeframe when you can amend without leave of court, you may still be able to amend. Florida Rule of Civil Procedure 1.190(a) provides that a party can file a motion for leave to amend with the court or by agreement with the other party.
What Does the Court Consider When a Party Files a Motion for Leave to Amend?
Under the rule, the court must consider whether “justice so requires” it to grant a motion for leave to amend a pleading. Additionally, the court will review the motion and examine whether granting the motion would prejudice another party. The court will also consider if the requesting party is abusing the process and whether it would be futile to grant the motion. Courts will also consider what stage of litigation the case is in when reviewing a motion for leave to amend. Motions such as these are more likely to be granted before certain developments occur in a case.
When you are involved in business litigation, your pleadings and responsive pleadings should be worded in such a manner as to support your claims and case. Omitting an important claim or defense could be detrimental to your case. The best way to help ensure that your pleadings contain all relevant claims and affirmative defenses is by working with an experienced Florida business attorney. Your business lawyer will know how to prepare your pleadings and establish and defend your case at every stage of litigation.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.