Fla. Fam. L. R. P. 12.190

RULE 12.190

AMENDED PLEADINGS

(a) Amendments. A party may amend a pleading once as a

matter of course at any time before a responsive pleading is served

or, if the pleading is one to which no responsive pleading is

permitted and the action has not been placed on the trial calendar,

may so amend it at any time within 20 days after it is served.

Otherwise a party may amend a pleading only by leave of court or

by written consent of the adverse party. If a party files a motion to

amend a pleading, the party must attach the proposed amended

pleading to the motion. Leave of court shall be given freely when

justice so requires. A party must plead in response to an amended

pleading within 10 days after service of the amended pleading

unless the court otherwise orders.

(b) Amendments to Conform with the Evidence. When

issues not raised by the pleadings are tried by express or implied

consent of the parties, they will be treated in all respects as if they

had been raised in the pleadings. Such amendment of the pleadings

as may be necessary to cause them to conform to the evidence and

to raise these issues may be made upon motion of any party at any

time, even after judgment, but failure so to amend will not affect the

result of the trial of these issues. If the evidence is objected to at the

trial on the ground that it is not within the issues made by the

pleadings, the court may allow the pleadings to be amended to

conform with the evidence and must do so freely when the merits of

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the cause are more effectually presented thereby and the objecting

party fails to satisfy the court that the admission of such evidence

will prejudice the objecting party in maintaining an action or

defense upon the merits.

(c) Relation Back of Amendments. When the claim or

defense asserted in the amended pleading arose out of the conduct,

transaction, or occurrence set forth or attempted to be set forth in

the original pleading, the amendment must relate back to the date

of the original pleading.

(d) Amendments Generally. At any time in furtherance of

justice, upon such terms as may be just, the court may permit any

process, proceeding, pleading, or record to be amended or material

supplemental matter to be set forth in an amended or supplemental

pleading. At every stage of the action the court must disregard any

error or defect in the proceedings that does not affect the

substantial rights of the parties.