Legal Question in Civil Litigation in Florida

how to request a hearing for a counter claim

I attended a scheduled hearing last week. It was for a ''ORDER TO SHOW CAUSE (REPLEVIN). I answered there complaint but l also filed my counter claim. The Judge at the hearing said l had cause for my counterclaim. How do you file a counterclaim hearing. I went to courthouse and they said l have to file a motion to set a hearing? I thought you called up the clerks office and set something with their calendars and yours? Do l have to file a motion to set a hearing in lee county , fl?


Asked on 12/17/07, 8:34 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: how to request a hearing for a counter claim

If you have filed a counterclaim, the both the complaint and the counterclaim will be tried together at the same time. If you are in circuit court, you will need to file a document stating that the case is at issue and ready to be set for trial. You can just file a motion to set the case for trial and call that up for hearing as well.

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Answered on 12/17/07, 8:48 pm


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