United States · Florida discovery
When is a Florida defendant’s admissions response due for a request served with process?
Under Rule 1.370(a)(6), the established defendant procedure for a request served with process uses forty-five days after service of process and the initial pleading to serve a written answer or objection to a request for admission. A shorter or longer court-allowed time controls. The matter is admitted unless the recipient timely serves a written answer or objection addressed to it, subject to an actual shorter or longer court-allowed time and the defendant process protection. Deny specifically or explain in detail why the party cannot truthfully admit or deny. Establish reasonable inquiry before relying on lack of knowledge.
- Period
- Forty-five calendar days within the established request-with-process branch
- Trigger
- Actual service of process, the initial pleading and the identified request for admission together on this defendant
- Rule
- Florida Rule of Civil Procedure 1.370(a)(6)
Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026
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Which actual event starts this Florida civil period?
Identify the actual request for admission, recipient and prescribed type of response.
Preserve actual service of the request together with process and the initial pleading on this defendant. Filing is a different event.
Read every order, applicable stipulation, service method and historical procedural edition.
Florida Rule of Civil Procedure 1.370(a)(6)How does Florida count this civil period?
- Identify the actual request for admission, recipient and prescribed type of response.
- Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
- Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
- Complete the required act with the proper court or recipient.
Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.
Florida Rule of General Practice and Judicial Administration 2.514(a)What do the independently derived facts show?
Fictitious example
Fictitious facts. The properly signed identified request is validly served with process and the initial pleading on this defendant. No different ordered time applies. The established event occurs August 2, 2027. No mail-only addition, additional clerk holiday or different actual order applies.
| Step | What is counted | Date |
|---|---|---|
| Established event | Actual service of process, the initial pleading and the identified request for admission together on this defendant | August 2, 2027 |
| Applicable period | Forty-five calendar days within the established request-with-process branch | Thursday, September 16, 2027 |
Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.
Try these dates in the calculatorWhich Florida civil qualifications change the procedure?
- An actual court-allowed period controls
- Rule 1.370(a)(6) preserves court authority to shorten or extend the stated time. Read the actual order and its triggering event. A requested extension, agreement lacking the required legal effect or pending motion does not itself establish a different response date.
- A defendant’s initial process floor must be compared
- Rule 1.370(a)(6) ordinarily uses thirty days after request service but, unless the court shortens the time, does not require a defendant to answer before forty-five days after process and the initial pleading. Requests served later than process require comparing the actual events. A request served with process establishes the same event for this scoped forty-five-day example.
- Lack of knowledge requires reasonable inquiry
- Rule 1.370(a)(8)–(10) requires a specific denial or detailed explanation, fair treatment of the requested matter and qualification of any admitted portion. Lack of information is insufficient unless the party states it made reasonable inquiry and the known or readily obtainable information remains insufficient.
- A genuine trial dispute alone is not an objection
- Rule 1.370(a)(11) does not permit an objection solely because the requested matter presents a genuine trial issue. The party may deny or provide the stated inability-to-answer reasons, subject to Rule 1.380(c).
- Admissions and withdrawal have distinct court consequences
- Rule 1.370(b) makes an admission conclusive in this pending action unless the court on motion permits withdrawal or amendment. The stated merits and prejudice conditions govern that relief, subject to Rule 1.200. A late answer alone does not prove that the court withdrew an admission.
- Numbers, documents and sufficiency require their actual procedure
- Rule 1.370(a)(2)–(5) requires separate matters, the stated document access, and ordinarily no more than thirty requests including subparts unless court permission for good cause or party stipulation allows more. Paragraphs (a)(12)–(16) give the court the sufficiency and expense procedure, including amended answers or a later determination.
- Current disclosure sequencing concerns seeking discovery
- Rule 1.280(f)(1), effective June 19, 2025, requires this party to serve initial disclosures on the other party before seeking discovery, except as authorized by stipulation or court order. It does not itself replace a served request’s response period with sixty days or permit a recipient to ignore the request. Check the actual covered proceeding, historical initial-disclosure exception, stipulation, protective order and request separately.
- Signing, supplementation and court filing are separate duties
- Rule 1.280(k) requires the prescribed attorney or unrepresented-party signature and certification after reasonable inquiry. Rule 1.280(g) requires timely supplementation or correction when its stated conditions arise. Rule 1.280(h) generally withholds discovery information from court filing without good cause established by another rule or order. The current rule imposes no duty to act on an unsigned disclosure, request, response or objection until signed. SC2025-1053, issued October 1, 2026 and effective January 1, 2027 at 12:01 a.m., adds mandatory striking unless the missing signature is promptly supplied after the omission is brought to the attorney’s or party’s attention. The 2027 examples assume properly signed requests. A completed date does not establish complete answers or proper filing.
- This page does not establish valid service, pleading sufficiency, waived defenses or permission to extend a period.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida civil act
When is a Florida defendant’s admissions response due for a request served with process?
Can I use forty-five days for any discovery request?
This route requires the identified request actually served with process and the initial pleading. A later request has its own service event and may require comparing the ordinary request period with the initial process protection.
Florida Rule of Civil Procedure 1.370(a)(6)Does missing a response merely postpone the admission question?
Rule 1.370(a)(6) states that a matter is admitted unless a timely written answer or objection is served under the applicable period. Paragraph (b) separately governs court permission to withdraw or amend.
Florida Rule of Civil Procedure 1.370(a)(6),(b)Can I deny because the information is outside my personal knowledge?
Rule 1.370(a)(10) requires reasonable inquiry and a statement that known or readily obtainable information is insufficient. Personal knowledge alone is not the test.
Florida Rule of Civil Procedure 1.370(a)(10)Official Florida sources and review
Provisions used (19)
| Provision | Purpose |
|---|---|
| Florida Rule of Civil Procedure 1.370(a)(6) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Civil Procedure 1.370(a)(6) | An actual court-allowed period controls |
| Florida Rule of Civil Procedure 1.370(a)(6) | A defendant’s initial process floor must be compared |
| Florida Rule of Civil Procedure 1.370(a)(8)–(10) | Lack of knowledge requires reasonable inquiry |
| Florida Rule of Civil Procedure 1.370(a)(11) | A genuine trial dispute alone is not an objection |
| Florida Rule of Civil Procedure 1.370(b) | Admissions and withdrawal have distinct court consequences |
| Florida Rule of Civil Procedure 1.370(a)(2)–(5),(12)–(16) | Numbers, documents and sufficiency require their actual procedure |
| Florida Rule of Civil Procedure 1.280(f)(1) | Current disclosure sequencing concerns seeking discovery |
| Florida Rule of Civil Procedure 1.280(g),(h),(k) | Signing, supplementation and court filing are separate duties |
| Florida Rule of Civil Procedure 1.080(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.090(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.516(b),(f) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(c),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |
| SC2025-0697, June 19, 2025, pages 1–4 | Current initial-disclosure sequencing before seeking discovery |
| SC2023-0962, corrected January 23, 2025, pages 6–7 | Actions commenced before January 1, 2025 excluded from automatic initial disclosures |
| SC2025-1053, October 1, 2026, effective January 1, 2027 | Scheduled signature cure and mandatory strike treatment under Rule 1.280(k) |
| SC2025-0646 / SC2025-0660, October 1, 2026, effective January 1, 2027 | Scheduled specific nonparty objections and their resolution under Rule 1.351 |