Florida / Pleadings
Florida answer to complaint deadline
In Florida, a defendant served with original process generally has 20 days to serve an answer or responsive pleading. Enter your service date for the exact date, including weekend and holiday adjustments.
Estimates based on standard Florida rules and court-holiday closures. For use by licensed attorneys only. This calculator is for informational purposes, is not legal advice, and does not create an attorney-client relationship. Verify every deadline and citation against the applicable rules and court orders before relying on it. See our Terms.
How the deadline works
Under Fla. R. Civ. P. 1.140(a), a defendant served with the initial complaint and summons must serve an answer or other responsive pleading within 20 days after service of original process. The 20-day count excludes the day of service, includes intervening weekends and holidays, and, under Fla. R. Jud. Admin. 2.514, extends to the next business day when it would otherwise fall on a Saturday, Sunday, or legal holiday.
Filing a motion directed to the complaint (for example a motion to dismiss, for a more definite statement, or to strike under Rule 1.140(b)) within that same 20-day window changes the picture: it suspends the time to answer until the court rules, at which point a new (usually 10-day) period runs under Rule 1.140(a)(2).
- Served through the Secretary of State or by publication? Different timing applies. Substituted and constructive service follow their own statutes; confirm the period for your method of service.
- Filing a motion to dismiss instead of answering? It is due within the same 20 days and tolls the time to answer until the court rules on it.
- Need more time? Move for an enlargement of time under Rule 1.090(b) before the deadline passes, and ideally before any default is sought.
Questions
- How long do I have to answer a complaint in Florida?
- Generally 20 days after you are served with the complaint and summons, under Fla. R. Civ. P. 1.140(a). If the 20th day is a weekend or legal holiday, the deadline moves to the next business day.
- What happens if I miss the deadline to answer?
- The plaintiff may seek a clerk’s default under Rule 1.500, which can lead to a default judgment. If you have missed the date, acting immediately, before a default is entered, gives you the best chance to respond or seek relief.
- Is the 20-day deadline the same in county and circuit court?
- The 20-day period under Rule 1.140(a) applies in both county and circuit civil cases. Local administrative orders may add requirements, so check your division’s procedures.