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Florida / Pleadings

Florida answer to counterclaim deadline

Quick answer

In Florida, a party served with a counterclaim or crossclaim generally has 20 days to serve a response, the same period that applies to an answer.

Fla. R. Civ. P. 1.140(a)
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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), an answer to a counterclaim or crossclaim is due within 20 days after service. Because the responding party has usually already appeared, the counterclaim is typically served by e-service or mail under Rule 1.080 / 2.516, and Fla. R. Jud. Admin. 2.514(b) adds 5 days when service is by mail.

The count follows Fla. R. Jud. Admin. 2.514: exclude the day of service, count intervening weekends and holidays, and roll a final weekend/holiday day to the next business day. A motion directed to the counterclaim, like a motion to dismiss it, can suspend the time to answer the same way it does for an original complaint.

  • Served by mail? Add 5 days under Rule 2.514(b). Select “Service by mail” above and the calculator applies it.
  • Counterclaim within an answer A counterclaim is often served as part of the defendant’s answer; the 20 days runs from service of that pleading.
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Questions

How long do I have to answer a counterclaim in Florida?
Generally 20 days after service under Fla. R. Civ. P. 1.140(a). If the counterclaim was served by mail, add 5 days under Rule 2.514(b).
Does the same deadline apply to a crossclaim?
Yes. A response to a crossclaim follows the same 20-day responsive-pleading period under Rule 1.140(a).