Notice Of Suit Requirements

Summary

In Florida, the Notice of Suit must be served with the complaint, which outlines the allegations. It is customary to provide an Exhibit List with copies of the actual exhibits. The plaintiff bears the cost of providing these documents. A summons includes the courts name and address, names of all parties, case number, and instructions for the defendant to respond within 20 days. The Clerks office provides a standard summons form, but consulting an attorney is advisable to ensure accuracy.

Full Conversation

Is it customary to provide a list of the exhibits as well?
Yes, it's common to provide a list of exhibits. This accompanies the complaint to provide evidence supporting the allegations. It's often referred to as an "Exhibit List" or "Schedule of Exhibits".
The list would of course include copies of the actual exhibits themselves and not just the list right?
Yes, you're correct. The Exhibit List should include copies of the actual exhibits, not just the list. These are essential for providing evidence in support of the claims made in the lawsuit.
This seems prejudicial to the Plaintiff to have to supply copies of letters at the plaintiff's expense when the Defendant should have these records?
While it might seem unfair, it is generally the plaintiff's responsibility to provide all necessary evidence, including exhibits, to support their case. This often includes bearing the cost of duplicating and providing these documents.
Ok, I found the address of the Chief financial officer on the sunbiz.org website, can you provide a detail of what a summons entails?
A summons in Florida typically entails:
- The court's name and address
- Names of all parties involved
- Case number
- Instructions to the defendant to respond
- Consequences of failing to respond
Remember, it's crucial to serve the summons correctly for the lawsuit to proceed.
When you file at the clerks office, do they supply the summons case number?
Yes, once you file your complaint with the clerk's office in Florida, they will assign a case number. This case number will be included on the summons.
How do you write the instructions for the defendant to respond?
The instructions for the defendant to respond in the summons should include:
- The timeline within which they must respond (In Florida, it's usually 20 days after service).
- The requirement to file a written response with the court.
- Instructions to send a copy of the response to the plaintiff or plaintiff’s attorney.
- Information about the consequences of not responding (default judgment).
Can you provide a written example?
Sure, here's an example of instructions for a defendant to respond:
"Dear Defendant,
You are instructed to respond to this complaint within 20 days of service. Please file a written response with the Florida court (insert court address here) and send a copy to the plaintiff (or plaintiff’s attorney). Failure to do so can result in a default judgment against you."
Remember - this is just an example. The actual summons may vary.
Does the Clerk provide a summons outline to follow?
Yes, typically the Clerk's office in Florida provides a standard summons form to fill out. However, you may want to consult with an attorney to ensure all necessary information is included correctly.