FL · rules

Fla. R. Civ. P. 1.500

Defaults and Final Judgments Thereon

activein force · 2026-04-01 – presentact-effective-date

(a) By the Clerk. When a party against whom affirmative

relief is sought has failed to file or serve any document in the

action, the party seeking relief may file and serve a motion for

default after the required time for a response has expired. The clerk

must enter a default if the party against whom affirmative relief has

been sought has failed to file or serve any document.

(b) By the Court. When a party against whom affirmative

relief is sought has failed to plead or otherwise defend as provided

by these rules or any applicable statute or any order of court, the

party seeking relief may file and serve a motion for default. The

court may then enter a default against a party against whom

affirmative relief is sought.

Documents. Until a default is entered against a party, all

documents filed in the action or otherwise required to be served

must be served on that party. A party may plead or otherwise

defend at any time before default is entered. If a party against

whom a default has been entered files any document after the

default is entered, the clerk must notify the party of the entry of the

default. The clerk must make an entry on the progress docket

showing the notification.

(d) Setting aside Default. The court may set aside a default,

and if a final judgment consequent thereon has been entered, the

court may set it aside in accordance with rule 1.540(b).

(e) Final Judgment. Final judgments after default may be

entered by the court at any time, but no judgment may be entered

against an infant or incompetent person unless represented in the

action by a general guardian, committee, conservator, or other

representative who has appeared in it or unless the court has made

an order under rule 1.210(b) providing that no representative is

necessary for the infant or incompetent. If it is necessary to take an

account, to determine the amount of damages, to establish the

truth of any averment by evidence, or to make an investigation of

any other matter to enable the court to enter judgment, the court

may receive affidavits, make references, or conduct hearings as it

deems necessary. After notice to the defaulted party of any

evidentiary hearing on the above matters and of any trials, and after

service of the trial order in these circumstances, the court must

accord a right of trial by jury to the parties when required by the

Constitution or any statute.

History

Court Commentary 1984 Amendment. Subdivision (c) is amended to change the method by which the clerk handles papers filed after a default is entered. Instead of returning the papers to the party in default, the clerk will now be required to file them and merely notify the party that a default has been entered. The party can then take whatever action the party believes is appropriate. This is to enable the court to judge the effect, if any, of the filing of any paper upon the default and the propriety of entering final judgment without notice to the party against whom the default was entered.

Provenance

Source: floridabar.org
Retrieved: 2026-09-14
Edition: 2026-09-14
Content hash: ac69359b9af66c6dddd09cf2724320036af5a461697f8d75cdcc4a1c4f2373f5

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