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Issue: What is the evidentiary standard for leave to amend complaint to include punitive damages in Florida?
| Area of Law: | Litigation & Procedure |
| Keywords: | Leave to amend a complaint; Punitive damages; Evidentiary standard |
| Jurisdiction: | Florida |
| Cited Cases: | 616 So. 2d 553; 658 So. 2d 518 |
| Cited Statutes: | Fla. Stat. ch. 768.72 (1999) |
| Date: | 09/01/2000 |
A plaintiff must obtain the court’s leave to amend a complaint to assert punitive damages. Fla. Stat. ch. 768.72 (1999); Globe Newspaper Co. v. King, 658 So. 2d 518, 519-20 (Fla. 1995). Amendment is allowed upon the plaintiff’s showing of a reasonable evidentiary basis for the punitive damages. Id. at 519-20. In determining whether the plaintiff has met the evidentiary burden, the court may not weigh the credibility of the evidence supporting the plaintiff’s damages. Dolphin Cove Ass’n v. Square D Co., 616 So. 2d 553, 553 (Fla. 1993).
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