Rule 1.444.Pleading over; election to stand
Division IV: Pleadings and Motions · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.444
Plain-English Summary
When a court orders or permits a party to plead further, Rule 1.444 requires the clerk to promptly mail or deliver notice of that order or ruling to the attorneys of record. From that point, the party generally has 10 days to file the further pleading, unless the order or ruling itself sets a different deadline.
What happens if the party does nothing carries real weight. Failing to file within that time isn't treated as an oversight — it's treated as an election to stand on the record as it exists. Once that election is made, the ruling becomes a final adjudication in the trial court, with no further judgment or order needed, except as to any issues the ruling left undecided. In practice, a party sometimes chooses this path deliberately: rather than amend around an unfavorable ruling, it stands on the record so the ruling becomes final and can be appealed.
Frequently Asked Questions
How long do I have to file a further pleading after the court orders me to?
10 days after the clerk mails or delivers notice of the order or ruling, unless the order or ruling itself sets a different time.
What happens if I don't file the further pleading within the deadline?
You're treated as having elected to stand on the record as it existed, and the court's ruling becomes a final adjudication in the trial court without any further judgment or order.
Does electing to stand on the record end my case entirely?
Not necessarily everything. The rule reserves any issues that remain undisposed of by the ruling and the election, so only the matters the ruling itself resolved become final.
Why would a party deliberately choose to stand on the record instead of amending?
Doing so turns an interlocutory ruling into a final adjudication, which lets the party pursue an appeal rather than continuing to litigate around an unfavorable decision.
Who is responsible for notifying me that I need to plead further?
The clerk, who must promptly mail or deliver notice of the order or ruling to the attorneys of record.