Civ Pro: Civil

Question 1

It is not necessary to attach a copy of a complaint when initial personal service of process is made.

Answer 1

False. At the time of personal service of process a copy of the initial pleading shall be delivered to the party upon whom service is made.

Fla. R. Civ. P. 1.070(E):

Question 2

Every defendant must be personally served.

Answer 2

False. A defendant may accept service of process by mail.

Fla. R. Civ. P. 1.070(i)

Question 3

After commencement of the action any party may take the testimony of any person, including a party, by deposition upon written questions.

Answer 3

TRUE.

Fla. R. Civ. P. 1.320(a)

Question 4

The deposition of a witness may be used by any party for any purpose if the witness is dead.

Answer 4

TRUE.

Fla. R. Civ. P. 1.330(3)

Question 5

A request for admission may be served upon the defendant with the complaint at the time of service of process.

Answer 5

TRUE.

Fla. R. Civ. P. 1.370(a)

Question 6

Subpoenas for production of tangible evidence must be issues by the clerk of the court.

Answer 6

FALSE. Subpoenas for testimony before the court, for production of tangible evidence, and for taking depositions may be issued by the clerk of court or by any attorney of record in an action.

Fla. R. Civ. P. 1.410

Question 7

A plaintiff cannot move for summary judgment until after the expiration of 20 days from the commencement of the action or after being served by a motion for summary judgment by the defendant.

Answer 7

TRUE.

Fla. R. Civ. P. 1.510

Question 8

A party may seek an order during discovery to protect a party or person from annoyance, embarrassment, oppression, undue burden or expense. If the court rules in the movant’s favor, it will enter a:

a. order on motion in limine
b. order enjoining annoyance, embarrassment, oppression, undue burden or expense
c. order sanctioning the party seeking the information
d. protective order

Answer 8

D

Fla. R. Civ. P. 1.280(c)

Question 9

After the commencement of an action any party may take the testimony of:

a. opposing party
b. any party
c. any person
d. B & C

Answer 9

D

Fla. R. Civ. P. 1.310(a)

Question 10

The proper procedure to follow when a party has failed to comply with discovery is:

a. file a motion for sanctions
b. file a bar complaint against opposing counsel
c. contact the judge
d. file a motion for order compelling discovery

Answer 10

D – motion for order compelling discovery is the first step. Special note on this one re: answer c and ex parte communications with the court.

Fla. R. Civ. P. 1.380