Final-Time Flashcards
Rule 1.050 - When Action Commenced
Every action of a civil nature shall be deemed commenced when thecomplaint or petition is filed
Statute of Limitations
A statute of limitations runs from the timethe cause of action accrues which, in turn, isgenerally determined by the date when the last element constituting the cause of action occurs
True or False:
“Statute of limitations” begins to run upon accrual of cause of action
True.
What is a statute of repose?
A statute of repose is a law that sets a time limit for bringing a lawsuit, even if the injury or damage hasn’t occurred yet.
Difference between statute of limitations v. statute of repose
statute of limitations:
sets a deadline for filing a lawsuit based on when a cause of action (like an injury or damage) is discovered.
statute of repose:
sets a deadline based on a specific event, like the completion of a construction project, regardless of when the harm is discovered.
True or False:
Statute of repose does not eliminate a cause of action because it has not accrued.
False. Statute of repose can eliminate a cause of action before it has accrued
When is service by e-mail completed?
Service by e-mail is complete on the date it is sent.
What if service by e-mail is sent by the Portal or other e-Service system?
If the e-mail is sent by the Portal or other e-Service system, service is complete on the date the served document is electronically filed.
How is computation of time governed by?
Computation of time is governed by Florida Rule of Judicial Administration 2.514.
RULE 2.514. COMPUTING AND EXTENDING TIME
When the period is stated in days or a longer unit of time:
(A) begin counting from the next day that is not a Saturday,Sunday, or legal holiday;
(B) count every day, including intermediate Saturdays,Sundays, and legal holidays; and
(C) include the last day of the period.
Computation of Time:
What if the last day is a Saturday, Sunday, or legal holiday, or falls within any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration?
The period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice.
Computation of Time:
When the period is stated in hours.
(A) begin counting immediately on the occurrence of the event that triggers the period;
(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or legal holiday, or during any period of time extended through an order of the chief justice under Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv),
the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through anorder of the chief justice.
Computing Time:
Period Stated in DAYS Less Than Seven DAYS.
When the period stated in days is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
What is Enlargment?
In Florida civil procedure, enlargement of time means an extension of a deadline.
Enlargement
FOR CAUSE SHOWN the court at any time in its discretion;
(A) with or without notice, may order the period enlarged if request therefore is made before the expiration of the period originally prescribed or as extended by a previous order, or
(B) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect.
Do you get extra time added after service by email?
What about snail mail?
No. You do NOT get extra time added after service by email.
You DO get 5 extra days added after service by snail mail
BUT ALL documents to be served by e-mail
In what limited circumstances would service by snail mail be appropriate?
Upon motion and court order, lawyers who can demonstrate no internet or email address
A party who is in custody and who is not represented by an attorney is excused from the requirements of e-mail service
A pro-se litigant who can demonstrate no internet or email address
When must a defendant serve an answer?
Civilian (Non-Government) Defendant: 20 DAYS to Respond to Complaint
Government Defendant: 30 DAYS to Respond to Complaint in TORT CASES
Government Defendant: 40 DAYS to Respond to Complaint in ALL OTHER CASES
What if the court denies a motion directed toward a complaint or postpones its disposition until the trial on the merits?
If the court denies a motion directed toward a complaint or postpones its disposition until trial, the responsive pleadings must be served within 10 days after the filing of the court’s order.
OR
within such other time as is fixed by court order
True or False:
The Filing of a Motion Based on the 7 Grounds Listed in 1.140 (b) Tolls the Time for Serving an Answer
True.
What does tolling mean?
In civil procedure, tolling is a legal doctrine that pauses or suspends the running of a statute of limitations (the time limit for filing a lawsuit).
What are the 7 grounds listed in 1.140(b) that tolls the time for serving an answer?
- lack of subject matter jurisdiction
- lack of personal jurisdiction
- improper venue
- insufficiency of process
- insufficiency of service of process
- failure to state a claim
- failure to join indispensable parties
Rule 1.180 Third Party Claim-time
A Defendant Can File Third-Party Claim without Leave of Court within 20 DAYS of Service of Answer
Otherwise Must Obtain Leave of Court
Rule 1.190 Amended d Supplemental Pleadings
- You Can Amend a pleading Before a Responsive Pleading Is Served
- If No Responsive Pleading Is Permitted You Can Amend **Once ** if the Case Has Not Been Placed on the Trial Calendar and It Is within 20 DAYS Of the Pleading That You Wish to Amend.
Rule 1.230 Interventions
Intervention allows anyone claiming an interest in pending litigation to be permitted to assert a right by intervening, but the intervention is subordinate to the main proceeding unless otherwise ordered by the court.
True or False:
Failure to Appeal the Order Denying the Motion to Intervene within 30 DAYS Is Fatal
True.
Rule 1.260 Survivor; Substitution of Parties
Rule 1.280 Discovery
A party MUST make the initial discovery disclosures required by this rule within 60 DAYS AFTER THE SERVICE OF THE COMPLAINT or joinder, unless a different time is set by court order.
Supplementing of Responses
A party who has made a disclosure under this rule or who has responded to an interrogatory, a request for production, or a request for admission MUST SUPPLEMENT OR CORRECT its disclosure or response in a timely manner.
Rule 1.285 Inadvertent Disclosure of Privileged Materials
If you or your office make a mistake and INADVERTENTLY discloses privileged material:
You MUST serve written notice of the assertion of privilege on the party to whom the materials were disclosed within 10 DAYS of discovering the inadvertent disclosure.
When can you begin discovery?
A party may NOT seek discovery from any source before that party’s initial disclosure obligations are satisfied, except when authorized by stipulation or by court order.
Can you contest the claim of privilege after inadvertent disclosure?
Yes; by serving a notice of challenge.
Notice of challenge MUST be served within 20 DAYS of original notice of inadvertent disclosure.
Depositions Upon Oral Examination
Defendant can take depositions AT ANY TIME after commencement of the action.
Plaintiff, absent leave of court, cannot take depositions during the 30-day period following service of initial process upon any defendant. The 30-day period runs from service of process rather than commencement of the action
Production of Documents at Deposition
You Should Give 30 DAYS Advance Notice for a Duces Tecum Deposition
Interrogatories to Parties
Interrogatories MAY be served with the summons and complaint but ONLY IF the Rule 1.280 Initial Disclosures are ALSO served with the summons and complaint
True or False
A party has 30 DAYS to respond to interrogatories IF served with the summons and complaint
False. A party has 45 DAYS to respond to interrogatories IF served with the summons and complaint.
Otherwise, a party has 30 DAYS to respond to interrogatories.
Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Requests for Production MAY be served with the summons and complaint but ONLY IF the Rule 1.280 Initial Disclosures are ALSO served with the summons and complaint
A party has 45 DAYS to respond to Requests for Production IF served with the summons and complaint
Otherwise, a party has 30 DAYS to respond to Requests for Production
Production of Documents and Things Without Deposition
Notice of Intent to Issue Subpoenas for Production from Non-Parties Must Be Served a MINIMUM of 10 DAYS Prior to the Issuance of Subpoenas.
MUST Wait 10 DAYS before issuing subpoenas
Rule 1.370 Requests for Admission
Requests for Admission carry the same 30-day response time as other discovery methods, extended to 45 DAYS where the requests are served with the initial pleading
1.420 (a) Voluntary Dismissal
Plaintiff is entitled to dismiss all or part of an action:
- before a hearing on a MSJ,
- before a case is submitted to the jury, or
- before a non-jury case is submitted to the court.
1.420(e) Dismissal for Failure to Prosecute
Dismissal can occur only after a party or the court moves for dismissal upon notice and hearing.
Plaintiff has 60 DAYS after the notice to take action of record, and thereby avoid dismissal for failure to prosecute.
ANY filing of record during the 60-day period is sufficient to preclude dismissal.
Rule 1.480 Motion for a Directed Verdict
Motion for directed verdict MUST be made at the close of the evidence offered by the non-moving party.
Motion for directed verdict MUST be renewed at the close of all evidence.
A POST-VERDICT motion for judgment in accordance with motion for directed verdict MUST be served within 15 DAYS after the return of a verdict or discharge of the jury.
Rule 1.442 Proposals for Settlement
Plaintiff: cannot serve a proposal for settlement to a defendant any earlier than 90 DAYS after service of the summons and initial pleading on that defendant.
Defendant: cannot serve a proposal for settlement to a plaintiff any earlier than 90 DAYS after the action has been commenced.
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