Legal Question in Civil Litigation in Florida

In Florida, in a civil case, is there any way to get around the rules of procedure on amending? I know that you can amend once before the defendant answers, but then you have to have leave of court. How else can u get leave of court without a consent from opposing counsel or a hearing then an order? I have already filed a first amended complaint, but now I want to add a claim for intentional infliction of emotional distress. If that claim relates back to elements of the other things I have pled (breach of fiduciary duty, professional negligence) is there a way to get around the rules of procedure on amending?


Asked on 6/23/11, 7:30 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

Cannot get around the rules of procedure. Either get conset or file a motion to amend, attach the amendment, and set for hearing.

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Answered on 6/23/11, 8:58 am


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