A party may amend a complaint once as a matter of course at any time before the answer or other responsive pleading is filed. Fla. R. Civ. P. 1.190(a).
After a responsive pleading has been filed, a party may amend the complaint once by leave of court or by consent of the other party. Leave of court shall be "freely given." Fla. R. Civ. P. 1.190(a).
It is customary to amend a pleading by filing a new document designated as an amended pleading, for example, "Plaintiff's First Amended Complaint."
An amended complaint shall set forth a short and plain statement of the grounds upon which the court's jurisdiction depends, a short and plain statement of the ultimate facts showing that the pleader is entitled to relief, and a demand for judgment for the relief sought by the pleader. "Relief in the alternative or of several different types may be demanded. Every complaint shall be considered to pray for general relief." Fla. R. Civ. P. 1.110 (b) (amended eff 8/1/17).
The Florida Supreme Court has set forth the essential elements to the most common causes of action in the approved forms. The forms begin at Florida Rules of Civil Procedure 1.905 and continue through 1.961.
Florida case law holds that common counts can be used when relief is warranted upon an implied promise ( e.g. , unjust enrichment).
All averments in a complaint or an amended complaint must be made in consecutively numbered paragraphs. Fla. R. Civ. P. 1.110 (f) (amended eff 8/1/17).
As far as practicable, each paragraph shall be limited to a statement of a single set of circumstances. Paragraphs may be referred to by number in all subsequent pleadings. Each claim founded upon a separate transaction or occurrence must be stated in a separate count. Fla. R. Civ. P. 1.110 (f) (amended eff 8/1/17).
According to case law and common practice, each subsequent count should not refer to or incorporate by reference paragraphs in prior counts, although it may refer to and incorporate by reference initial paragraphs, usually referred to as "allegations common to all counts" or the like.
Exhibits may be attached and incorporated by reference. Exhibits become part of the complaint. An action for the enforcement of an instrument must have the instrument attached. Fla. R. Civ. P. 1.130 (b) (amended eff 8/1/17).
A complaint must include a demand for judgment. Fla. R. Civ. P. 1.110 (b).
The amount of money sought to be recovered must meet or exceed the jurisdictional limits of the court. Fla. Stat. 34.01 (amended eff 1/1/21).
A claimant may not make a claim for punitive damages in the initial complaint. Punitive damages are only allowed after a "reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages." After such a showing is established, a claimant may move to amend the complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. Fla. Stat. 768.72(1).
Special damages, such as interest under a contract, are pled separately and must be pled with specificity. Fla. R. Civ. P. 1.120(g) (amended eff 1/1/17).
Claims for attorneys' fees must be pled separately and only if provided for by law, statute, or the instrument being enforced.
Verified complaints are required for certain causes of action. It is good practice for the attorney to have the complaint verified in order to insulate the attorney from improper or untrue allegations by his or her client. See Broward County - 17th Circuit Court SmartRules™ procedural guide: MOTION FOR SANCTIONS.
Every pleading must have a caption containing the name of all of the parties, the name of of the court, the file number, and a designation identifying the party filing it.
Every motion, order, judgment, or other document must have a caption containing the name of the court, the case number the name of the first party on each side with an appropriate indication of other parties, and a designation identifying the party filing it and its nature or the nature of the order, as the case may be.
In any in rem proceeding, every pleading, motion, order, judgment, or other document must have a caption containing the name of the court, the case number, the style ―In re (followed by the name or general description of the property), and a designation of the person or entity filing it and its nature or the nature of the order, as the case may be.
The caption of a complaint must contain the full names of all parties. Fla. R. Civ. P. 1.100 (c)(1) (amended eff 8/1/17).
Designation of the party's status as "an individual" or "a corporation" is usually included.
Unknown parties may be proceeded against according to the service of process by publication rules. See Fla. Stat. 49.021.
Effective January 1, 2003, most Clerk's Offices started using the Florida Supreme Court's mandated Uniform Case Number. This is a number that is twenty characters in length, with the first fourteen characters being formatted uniformly throughout the state. The last six digits of the number will be optional fields for the county to use. The local case number, which is currently assigned, will continue to be reflected on all cases and assignments will contain both a uniform case number and a reference number. The description below illustrates the format of the new Uniform Case Number.
Example: UCN: 522003CA000001.
In practice, the complaint and all subsequent pleadings will typically contain the case number in both the local format and the UCN format.
Every pleading, motion, or other paper filed must be signed by an attorney who is a member of the Florida Bar, or by the party if he or she represents him or herself. Fla. R. Jud. A. 2.515 (a) and (b) (amended eff 10/1/22).
The signature shall constitute a certificate by the attorney that the attorney has read the document; that to the best of the attorney's knowledge, information, and belief there is good ground to support the document; that it is not interposed for delay; and that it contains no confidential or sensitive information. Fla. R. Jud. A. 2.515 (a) (amended eff 10/1/22).
A party who is not represented by an attorney must sign any document and state the party's address; primary e-mail address and secondary e-mail addresses, if any; and telephone number, including area code. Fla. R. Jud. A. 2.515 (b) (amended eff 10/1/22).
See Broward County - 17th Circuit Court SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
See Broward County - 17th Circuit SmartRules™ procedural guide: FILING DOCUMENTS.
Any document electronically transmitted to a court or clerk must also be served on all parties and interested persons in accordance with the applicable rules of court. Fla. R. Jud. A. 2.525 (d)(3).
Every pleading subsequent to the initial pleading and every other document filed or required by statute or rule to be served in the action must be served in conformity with the requirements of Fla. R. Jud. A. 2.516 (amended eff 10/1/22). Fla. R. Civ. P. 1.080 (a) (amended eff 4/15/21).
Attorneys excused from e-mail service in accordance with rule 2.516(b) may submit paper documents and other submissions manually. Fla. R. Jud. A. 2.525 (d)(3).
See Broward County - 17th Circuit SmartRules™ procedural guide: COMPLAINT and SERVICE OF PROCESS.
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