Hi there, I'm representing myself on a lawsuit in the state of Florida and I wrote a reply to a response that was way too long according to local rules , and the other side is motioning to strike. 1) can i write a shorter one and turn it in, or do i have to motion to withdraw it first? 2) Also, their response to my remand misrepresented my remand in a blatant and ridiculous manner claiming i had "based the remand on two arguments" even though it was about 10 arguments , and the second argument they claimed I had based my remand on was a total fabrication or completely wrong interpretation of the argument to make their argument stronger. Can i motion to strike their response or to clarify based on such a tactic that they used in the response? Thank you
Country relating to Question: United States
State (if USA): Florida
The answer to a suit is fairly simple, no long responses are required. To answer this suit yourself if you cannot find an attorney, you need to copy the heading on the Complaint (court name/case name/case number). Title it "Answer." Then you need to state you are the respondent, your name, and that you are appearing to represent yourself and answering the petition. Then you number every response to correspond with the numbers on the petition. You then answer each one with "Admit" "Deny" or "Insufficient information to find a reasonable belief as to the truth of the matter asserted and leave petitioner to her proof thereof." Once you have answered each numbered paragraph then you can put "Defenses" and list any defenses you have to her petition. Then if you have any counterclaims to make, you can make them after your defenses under the title Counterclaim and to do that you would copy the same layout that the initial petition you received has and just change each numbered paragraph to reflect your facts and allegations.
Once you complete that you sign the response, you have it notarized. Under that put "Certificate of Service" and put the name/address of her attorney where you will be mailing a copy and the date you mail it and sign that.
Then file the original and one copy with the clerk of court and ask the clerk to stamp one copy to give back to you as proof of service. Mail one copy to the other party's attorney.
You need to submit a Motion to Modify Answer together with your new answer to have the court submit a new answer.
2) The other side's job is to manipulate your response to their favor, so the "misrepresentation" happens frequently. You can move to strike their response, or you can do a "sur reply" to their response to address only the misrepresentations. You can do either or.
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