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Fla. Fam. L.R.P. 12.160

Fla. Fam. L.R.P. 12.160 - Motions Fla. Fam. L.R.P. 12.170 - Counterpetitions and Crossclaims

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Verbatim reference text. This is the full, unedited text of Fla. Fam. L.R.P. 12.160, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

court or the court may permit additional pleadings to be filed for good cause shown. (b) Contents of Motion. The motion to strike must be verified and must set forth fully the facts on which the movant relies and may be supported by affidavit. RULE 12.160. MOTIONS All motions for the issuance of process and to enforce and execute judgments, for entering defaults, and for such other proceedings in the clerk’s office not requiring an order of court must be deemed grantable as of course by the clerk. The clerk’s action may be suspended, altered, or rescinded by the court upon good cause shown. RULE 12.170. COUNTERPETITTIONS AND CROSSCLAIMS (a) Compulsory Counterpetitions. A pleading must state as a counterpetition any claim which at the time of serving the pleading the pleader has against any opposing party, provided it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction. But the pleader need not state a claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon that party’s claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on the claim and the pleader is not stating a counterpetition under this rule. (b) Permissive Counterpetition. A pleading may state as a counterpetition any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim. (c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in Family Law Rules of Procedure October 1, 2025 50

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