Fla. R. Civ. P. 1.140

Defenses

sha256 5ac093467a4f81cc9c046c9b7d4c2f8e… · retrieved 7/11/2026, 11:08:21 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.140. 	DEFENSES
(a) 	When Presented.
(1) 	Unless a different time is prescribed in a statute of
Florida, a defendant must serve an answer within 20 days after
service of original process and the initial pleading on the defendant,
or not later than the date fixed in a notice by publication. A party
served with a pleading stating a crossclaim against that party must
serve an answer to it within 20 days after service on that party. The
plaintiff must serve an answer to a counterclaim within 20 days

after service of the counterclaim. If a reply is required, the reply
must be served within 20 days after service of the answer.
(2) 	(A) 	Except when sued pursuant to section 768.28,
Florida Statutes, the state of Florida, an agency of the state, or an
officer or employee of the state sued in an official capacity must
serve an answer to the complaint or crossclaim, or a reply to a
counterclaim, within 40 days after service.
(B) 	When sued pursuant to section 768.28,
Florida Statutes, the Department of Financial Services or the
defendant state agency has 30 days from the date of service within
which to serve an answer to the complaint or crossclaim or a reply
to a counterclaim.
(3) 	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 the filing of the court’s order 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.
(4) 	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 the filing of the
court’s order unless a different time is fixed by the court. Responses
to the pleadings or statements must be served within 10 days of
service of the 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 defenses 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, (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 defenses must

be made before pleading if a further pleading is permitted. The
grounds on which any of the enumerated defenses 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 defense or objection is waived
by being joined with other defenses 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 defenses 1 to 7 in
subdivision (b) of this rule, whether made in a pleading or by
motion, and the motion for judgment in subdivision (c) of this rule
must be heard and determined before trial on application of any
party unless the court orders that the hearing and determination
must 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
after the filing 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 Defenses. 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 defenses 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
defenses or objections omitted, except as provided in subdivision
(h)(2) of this rule.
(h) 	Waiver of Defenses.
(1) 	A party waives all defenses and objections that the
party does not present either by motion under subdivisions (b), (e),
or (f) of this rule or, if the party has made no motion, in a
responsive pleading except as provided in subdivision (h)(2).
(2) 	The defenses 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.
Committee Notes
1972 Amendment. Subdivision (a) is amended to eliminate
the unnecessary statement of the return date when service is made
by publication, and to accommodate the change proposed in rule
1.100(a) making a reply mandatory under certain circumstances.
Motions to strike under subdivision (f) are divided into 2 categories,
so subdivision (a) is also amended to accommodate this change by
eliminating motions to strike under the new subdivision (f) as
motions that toll the running of time. A motion to strike an
insufficient legal defense will now be available under subdivision (b)
and continue to toll the time for responsive pleading. Subdivision
(b) is amended to include the defense of failure to state a sufficient

legal defense. The proper method of attack for failure to state a legal
defense remains a motion to strike. Subdivision (f) is changed to
accommodate the 2 types of motions to strike. The motion to strike
an insufficient legal defense is now in subdivision (b). The motion to
strike under subdivision (f) does not toll the time for responsive
pleading and can be made at any time, and the matter can be
stricken by the court on its initiative at any time. Subdivision (g)
follows the terminology of Federal Rule of Civil Procedure 12(g).
Much difficulty has been experienced in the application of this and
the succeeding subdivision with the result that the same defenses
are being raised several times in an action. The intent of the rule is
to permit the defenses to be raised one time, either by motion or by
the responsive pleading, and thereafter only by motion for judgment
on the pleadings or at the trial. Subdivision (h) also reflects this
philosophy. It is based on federal rule 12(h) but more clearly states
the purpose of the rule.
1988 Amendment. The amendment to subdivision (a) is to fix
a time within which amended pleadings, responsive pleadings, or
more definite statements required by the court and responses to
those pleadings or statements must be served when no time limit is
fixed by the court in its order. The court’s authority to alter these
time periods is contained in rule 1.090(b).
2007 Amendment. Subdivision (a) is amended to conform
rule 1.140 to the statutory requirements of sections 48.111, 48.121,
and 768.28, Florida Statutes. The rule is similar to Federal Rule of
Civil Procedure 12(a).

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.