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BenchPath

Motion to Dismiss

Before filing

  1. 1

    Confirm the deadline: a Rule 1.140(b) motion must be served within the time allowed for the responsive pleading

    Service deadlines run under Rule 2.514; a timely motion tolls the time to answer.

    Rule: Computing Time — Fla. R. Gen. Prac. & Jud. Admin. 2.514 →
  2. 2

    Check whether pre-filing conferral applies to your motion

    Rule 1.202 requires conferral before most motions, with listed exceptions — read the rule's list rather than assume.

    Rule: Conferral Required Before Filing Non-Dispositive Motions — Fla. R. Civ. P. 1.202 →

Filing

  1. 3

    A Rule 1.140(b) motion states each ground with particularity, and the rule consolidates defenses

    Fla. R. Civ. P. 1.140(b) and (h): available defenses are raised together, and a defense omitted from the consolidated motion is waived except as the rule preserves it.

  2. 4

    E-file through the statewide portal and serve under Rule 2.516

    Rule: E-Filing Through the Statewide Portal — Fla. R. Gen. Prac. & Jud. Admin. 2.525(b) →

Scheduling

  1. 5

    Check the division: some judges decide dismissal motions on the papers

    Several divisions rule on the briefing without a hearing (11th Circuit civil sections state this on their pages) — the division page controls.

After the hearing

  1. 6

    Submit the proposed order in the division's required format

    Rule: Proposed Orders: Word Format via Online Services — Division AO →

Steps marked “check the division's instructions” vary by judge — that variance is exactly what BenchPath tracks. Search your county and division for the specific requirements before relying on the generic sequence. Not legal advice.