Fla. R. Civ. P. 1.100

Pleadings and Motions

sha256 733f75a71df62a422ab007b4d48a25d1… · retrieved 7/11/2026, 11:08:20 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.100. 	PLEADINGS AND MOTIONS
(a) 	Pleadings. There must be a complaint or, when so
designated by a statute or rule, a petition, and an answer to it; an
answer to a counterclaim denominated as such; an answer to a
crossclaim if the answer contains a crossclaim; a third-party
complaint if a person who was not an original party is summoned
as a third-party defendant; and a third-party answer if a third-party
complaint is served. If an answer or third-party answer contains an
affirmative defense and the opposing party seeks to avoid it, the
opposing party must file a reply containing the avoidance. No other
pleadings will be allowed.
(b) 	Motions. An application to the court for an order must
be by motion which must be made in writing unless made during a
hearing or trial, must state with particularity the grounds for it, and
must set forth the relief or order sought. The requirement of writing
is fulfilled if the motion is stated in a written notice of the hearing of
the motion. All notices of hearing must specify each motion or other
matter to be heard.
(c) 	Caption.
(1) 	Every pleading must have a caption containing the
name of all of the parties, the name of the court, the file number,
and a designation identifying the party filing it.
(2) 	Every motion, order, judgment, or other document
must have a caption containing the name of the court, the case
number, the name of the first party on each side with an
appropriate indication of other parties, and a designation
identifying the party filing it and its nature or the nature of the
order, as the case may be.

(3) 	In any in rem proceeding, every pleading, motion,
order, judgment, or other document must have a caption containing
the name of the court, the case number, the style “In re” (followed
by the name or general description of the property), and a
designation of the person or entity filing it and its nature or the
nature of the order, as the case may be.
(4) 	In an in rem forfeiture proceeding, the style must be
“In re forfeiture of” (followed by the name or general description of
the property).
(5) 	All documents filed in the action must be styled in
such a manner as to indicate clearly the subject matter of the
document and the party requesting or obtaining relief.
(d) 	Civil Cover Sheet. A civil cover sheet (form 1.997) must
be completed and filed with the clerk at the time an initial
complaint or petition is filed by the party initiating the action. If the
cover sheet is not filed, the clerk must accept the complaint or
petition for filing; but all proceedings in the action must be abated
until a properly executed cover sheet is completed and filed. The
clerk must complete the civil cover sheet for a party appearing pro
se.
(e) 	Motion in Lieu of Scire Facias. Any relief available by
scire facias may be granted on motion after notice without the
issuance of a writ of scire facias.
Committee Notes
1971 Amendment. The change requires a more complete
designation of the document that is filed so that it may be more
rapidly identified. It also specifies the applicability of the
subdivision to all of the various documents that can be filed. For
example, a motion to dismiss should now be entitled “defendant’s
motion to dismiss the complaint” rather than merely “motion” or
“motion to dismiss.”
1972 Amendment. Subdivision (a) is amended to make a
reply mandatory when a party seeks to avoid an affirmative defense

in an answer or third-party answer. It is intended to eliminate
thereby the problems exemplified by Tuggle v. Maddox, 60 So. 2d
158 (Fla. 1952), and Dickerson v. Orange State Oil Co., 123 So. 2d
562 (Fla. 2d DCA 1960).
1992 Amendment. Subdivision (b) is amended to require all
notices of hearing to specify the motions or other matters to be
heard.
2010 Amendment. Subdivision (c) is amended to address
separately the caption for in rem proceedings, including in rem
forfeiture proceedings.
2016 Amendment. Subdivision (c) is amended to address the
naming of parties in pleadings and amended pleadings similarly to
Federal Rule of Civil Procedure 10(a). 	Subdivision (c)(2) on Civil
Cover Sheets is moved to subdivision (d), and subdivision (c)(3) on
Final Disposition Forms is moved to new rule 1.545.

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