Reply to Affirmative Defenses
(FL)

Summary

This template is a reply to affirmative defenses you can use in Florida state court cases. The template includes practical guidance, drafting notes, and an alternate clause. If an answer contains an affirmative defense and the opposing party seeks to avoid it, the opposing party must file a reply containing the avoidance. Fla. R. Civ. P. 1.100(a). A reply to affirmative defenses generally contains the following elements, in this order: • A caption • Denials of the allegations of the affirmative defenses and a reply to same • Signature of the plaintiff's attorney (or the plaintiff, if unrepresented) When drafting the reply, be sure to address each allegation of the affirmative defenses and effectively: • Deny each allegation you intend to deny. • Admit each allegation you should admit. Fla. R. Civ. P. 1.100(a). Do not be evasive in your denials, and fairly answer the substance of the allegation denied. Any allegations in an affirmative defense that you do not deny in the reply are deemed admitted. Fla. R. Civ. P. 1.110(a). Pleading defenses. A party may plead as many defenses as it may have. Fla. R. Civ. P. 1.110(d). Each defense must be separately designated and numbered. Id. If the defendant submits a bare-boned affirmative defenses, consider filing a motion to strike the affirmative defenses—but recognize that the court likely will allow the defendant to replead them, thus strengthening them and delaying the case. You must file a reply to an answer within 20 days after the last day allowed for the filing of the answer. Fla. R. Civ. P. 1.140(a). For a full listing of key content covering fundamental civil litigation tasks throughout a Florida state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (FL).