Florida courts
What is the deadline for move to strike a legally insufficient defense?
The period for move to strike a legally insufficient defense normally runs 20 calendar days from service of the answer or reply, under Fla. R. Civ. P. 1.140(b). If the final day is a Saturday, Sunday or legal holiday in the Florida calendar, the computation rule carries it to the next open day.
Calculate my deadline- Period
- 20 calendar days
- Trigger
- Service of the answer or reply
- Rule
- Fla. R. Civ. P. 1.140(b)
Florida rules as encoded, holiday calendar verified
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Calculate your deadline
Enter the date of service of the answer or reply. See the date, cited rule and counting steps.
Type MM/DD/YYYY or choose a date. Use the date of service, not the filing date.
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Which date starts the 20-day period?
The period runs from the service of the answer or reply.
For Fla. R. Civ. P. 1.140(b), count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read Florida Rules of Court Procedure… defense in an answer or reply must be asserted by motion to strike the defense within 20 days after service of the answer or reply.
Fla. R. Civ. P. 1.140(b)
This period runs from service as the rule defines it. Do not substitute the filing date, the day a courtesy copy arrived or the day you first read the paper. Confirm that event before applying Fla. R. Civ. P. 1.140(b).
Which date do I enter?How are the 20 calendar days counted?
- Fla. R. Civ. P. 1.140(b). Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or Florida legal holiday, continue to the next day that is not one of those.
The Fla. R. Civ. P. 1.140(b) record uses this method. Exclude the trigger day and count calendar days under Fla. R. Civ. P. 1.090(a).
For Fla. R. Civ. P. 1.140(b), if the final day is a Saturday, Sunday or legal holiday in the Florida calendar, the computation rule carries it to the next open day.
The supporting computation provision for Fla. R. Civ. P. 1.140(b) adds this boundary. Florida computes time under Fla. R. Civ. P. 1.090(a). The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read Fla. R. Civ. P. 1.090(a)The calculation applies the ordinary method recorded for Fla. R. Civ. P. 1.140(b). Check applicable holidays, court accessibility and the filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the service of the answer or reply on Tuesday, September 1, 2026 (service of the answer or reply on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under Fla. R. Civ. P. 1.090(a). The example assumes no local rule, order or closure changes the ordinary period under Fla. R. Civ. P. 1.140(b).
| Step | What is counted | Date |
|---|---|---|
| Service | Do not count this day | September 1, 2026 |
| Day 1 | Start counting calendar days | September 2, 2026 |
| Day 20 | Ordinary deadline in this example | September 21, 2026 |
Can an order, motion or extension change the deadline?
- Extensions
- Extendable for good cause under Fla. R. Civ. P. 1.090(b)(1); after expiry only for excusable neglect.
- Orders and local rules
- A scheduling order, approved stipulation, standing order or local rule can control over the ordinary period described by Fla. R. Civ. P. 1.140(b).
- Extendable for good cause under Fla. R. Civ. P. 1.090(b)(1); after expiry only for excusable neglect.
- A stipulation, scheduling order, standing order or local rule can control over the ordinary period described by Fla. R. Civ. P. 1.140(b).
What should I check before filing?
Use these checks before relying on the Fla. R. Civ. P. 1.140(b) result. They do not activate a calendar date or certify that the rule applies.
Common questions
Find answers about when the 20-day period under Fla. R. Civ. P. 1.140(b) starts, how it is counted and what can change it.
Starting the clock
Does the clock start on the service of the answer or reply, or when I first learned of it?
Under Fla. R. Civ. P. 1.140(b), the period runs from the service of the answer or reply, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Is it 20 calendar days or business days?
For Fla. R. Civ. P. 1.140(b), count calendar days, including intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, Fla. R. Civ. P. 1.090(a) carries it forward as provided by that rule.
Fla. R. Civ. P. 1.090(a)Which time zone and filing cutoff apply?
Florida filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability. Confirm that boundary before relying on a Fla. R. Civ. P. 1.140(b) result.
Fla. R. Civ. P. 1.090(a)What if the court is inaccessible on the last day?
Fla. R. Civ. P. 1.090(a) and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure. This check remains separate from the ordinary Fla. R. Civ. P. 1.140(b) count.
Fla. R. Civ. P. 1.090(a)Extensions and local rules
Can the court extend this deadline?
Extendable for good cause under Fla. R. Civ. P. 1.090(b)(1); after expiry only for excusable neglect. A request does not itself extend the period under Fla. R. Civ. P. 1.140(b), and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. A local rule, standing order or case-specific order can control over the ordinary period calculated under Fla. R. Civ. P. 1.140(b). Compare the result with every applicable order before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under Fla. R. Civ. P. 1.140(b). It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free calculation under Fla. R. Civ. P. 1.140(b), including the citation, counting steps and warnings. Court-specific facts can keep a result provisional.
Results, records and your case
What is included in an Evidence Record?
An eligible Fla. R. Civ. P. 1.140(b) record retains the inputs, result, cited rule, calculation working, warnings and review state. It records that calculation and its fingerprint, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. A provisional Fla. R. Civ. P. 1.140(b) result remains subject to review, and a separately labeled manual date does not alter the original calculation.
Official sources and review
The period for Fla. R. Civ. P. 1.140(b) and its counting method come from the cited Florida provisions. Official links open the responsible court or legislature source.
| Provision | Purpose |
|---|---|
| Fla. R. Civ. P. 1.140(b) | Trigger and period |
| Fla. R. Civ. P. 1.090(a) | Counting, holidays and the last day |
Published by Deadline Engine. This calculator applies the ordinary period under Fla. R. Civ. P. 1.140(b). It does not decide whether the rule applies, obtain an extension or file anything for you.