Florida Regulations 42-2.004: Answer; Motions in Opposition to Petition
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(1) Any person entitled to be a party to the proceedings may file and answer to the petition. The answer shall be filed within twenty (20) days of service of the petition on the party and shall either admit, deny or state it is without knowledge of each and every allegation in the petition. Answers may admit in part, and should elaborate on or explain relevant issues of fact in a manner that will simplify the ultimate issues. The answer may contain affirmative defenses. Any allegation within the petition which is not denied in the answer may be tried as uncontested and evidence to controvert any such allegation may be considered inadmissible. The answer shall further contain the name and address of the respondent for purposes of service.
(2) Any motions in opposition to a petition shall in all cases be filed with the answer. Such motions shall set forth in ordinary and concise language the basis for the opposition. In its objection to the petition, a party may:
(a) Oppose the petition on the ground that it does not state facts sufficient to serve as a basis for appeal;
(b) Oppose the form of particular allegations of the petition on grounds of ambiguity, vagueness, or uncertainty;
(c) Oppose the petition on any other ground authorized by law.
Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented Florida Statutes § 380.07. History-New 10-2-75, Formerly 22G-1.04, 27G-1.04.
Terms Used In Florida Regulations 42-2.004
- Allegation: something that someone says happened.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a) Oppose the petition on the ground that it does not state facts sufficient to serve as a basis for appeal;
(b) Oppose the form of particular allegations of the petition on grounds of ambiguity, vagueness, or uncertainty;
(c) Oppose the petition on any other ground authorized by law.
Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented Florida Statutes § 380.07. History-New 10-2-75, Formerly 22G-1.04, 27G-1.04.