Are you sabotaging your own defense before the case even gets rolling? In Florida civil litigation, the Answer and Affirmative Defenses are not just paperwork—they’re your first and best opportunity to protect yourself. Yet, defendants routinely miss the 20-day deadline set by Florida Rule of Civil Procedure 1.140(a), or they submit generic, boilerplate responses that fail to assert critical defenses. Courts expect precision, not excuses.
Florida law is clear: if you don’t raise affirmative defenses—like statute of limitations, waiver, or fraud—in your initial Answer, you may lose the right to use them later. Fla. R. Civ. P. 1.110(d) and 1.140(b) require defendants to state every defense they have, or risk forfeiting them. Judges won’t rescue you from sloppy pleadings. We see defendants botch this step every week, turning winnable cases into costly disasters.
The Answer is your shield. It’s where you challenge the plaintiff’s claims and assert your own defenses. Missing a deadline or failing to include key defenses can mean losing the case before it even starts. Don’t let a technical misstep decide your fate. If you’re facing a lawsuit, act fast, get strategic, and make sure your Answer and Affirmative Defenses are rock solid.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
