Fla. R. Civ. P. 1.190

Amended and Supplemental Pleadings

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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.
Committee Notes
1980 Amendment. The last clause of subdivision (a) is
deleted to restore the decision in Scarfone v. Denby, 156 So. 2d 694
(Fla. 2d DCA 1963). The adoption of rule 1.500 requiring notice of
an application for default after filing or serving of any paper
eliminates the need for the clause. This will permit reinstatement of
the procedure in federal practice and earlier Florida practice
requiring a response to each amended pleading, thus simplifying
the court file under the doctrine of Dee v. Southern Brewing Co., 146
Fla. 588, 1 So. 2d 562 (1941).
2003 Amendment. Subdivision (a) is amended in accordance
with Totura & Co., Inc. v. Williams, 754 So. 2d 671 (Fla. 2000). See
the amendment to rule 1.070(j). Subdivision (f) is added to state the
requirements for a party moving for leave of court to amend a
pleading to assert a claim for punitive damages. See Beverly Health
& Rehabilitation Services, Inc. v. Meeks, 778 So. 2d 322 (Fla. 2d
DCA 2000).

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