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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 federal-holiday closures; not legal advice. Confirm against your specific case, local administrative orders, and the current rules.
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.