FL Civ Pro

Question 1

<p>Disclosure of work product?</p>

Answer 1

<p>Yes, if work product is intended to be used at trial. Fact work product is protected from discovery, but may be discoverable in certain circumstances. (Show of need for the material and the inability without undue hardship to obtain the substantial equivalent by other means.

Opinion work product is never discoverable.</p>

Question 2

<p>Jurisdiction of settlement of estate?</p>

Answer 2

<p>Exclusive jurisdiction with circuit court regardless of amount at issue</p>

Question 3

<p>Mandatory FLSC jurisdiction?</p>

Answer 3

<p>Appeals from DCAs declaring invalid a state statute or provision of the state constitution. Appeals to review the action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.</p>

Question 4

<p>Service on In-State Defendant</p>

Answer 4

<p>Service may be accomplished by leaving a copy of the summons and complaint at a defendant's usual place of abode with any person who is 156 years or older and resides therien.</p>

Question 5

<p>Can judge order civil actions to pursue non-binding arbitration?</p>

Answer 5

<p>Yes, the trial judge has discretion to order a civil action to non-binding arbitration on a finding that it could benefit the litigants or court.

Consent of both parties is required for binding arbitration.</p>

Question 6

<p>If 10 month lapse what result?</p>

Answer 6

<p>Any party including the court may serve notice to all parties and allow for 60-days for action before dismissal with prejudice.</p>

Question 7

<p>Defenses and When They Can be Raised</p>

Answer 7

<p>A party waives any defenses available to the party at the time of the motion that are not raised in a pre-trial motion EXCEPT FOR SMJ, and ???</p>

Question 8

<p>A party waives any defenses available to the party at the time of the motion that are not raised in a pre-trial motion EXCEPT FOR SMJ, and ???</p>

Answer 8

<p>Must have legal interest in case, file motion. Courts examine whether the prospective intervener's rights would be affected by the outcome of the case.</p>

Question 9

Discovery of expert witness intended/not intended to be called at trial

Answer 9

To obtain discovery about an expert who is not a prospective witness, there must be a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.

If an expert is expected to be called as a trial witness, the opposing party may inquire about the expert’s experience and qualifications, and may depose the expert, but must pay the expert a reasonable fee

Question 10

Venue

Answer 10

Any legal action arising out of a contract must be brought in Florida in the county in which the defendant resides, in which the cause of action accrued, or in which the property in litigation is located.

Question 11

General Circuit Court Jurisdiction

Answer 11

15k+ (two or more claims arise out of the same transaction can be aggregated)

Question 12

How many interrogatories?

Answer 12

30 unless increased by trial judge on motion and notice, with good cause.

Question 13

Procedure for indemnity?

Answer 13

Party may file a crossclaim against a co-party for any claim that arises out of the same transaction or occurrence that is the subject matter of the original action. (never a required pleading)

Question 14

Impleader procedure?

Answer 14

A defendant may implead a 3rd party who is or may be liable to the defendant for all or part of the plaintiff’s claim. (must be filed w/i 20 days after service of answer to original complaint)

Question 15

Power of court to decrease or increase amount of jury award?

Answer 15

Court may +- award where the award is contrary to the manifest weight of the evidence. When court does and adversely affected party objects new trial is confined to the issue of damages

Question 16

When can home owner’s association bring class action?

Answer 16

When control passes from developer to individual units

Question 17

How long does a party have to respond to a request to admissions?

Answer 17

30 Days

Question 18

Is a stakeholder entitled to reasonable atty costs?

Answer 18

Yes, if stakeholder demonstrates that it is a disinterested, innocent stakeholder in an action.

Question 19

When is there PJ in Florida for a cause of action unrelated to its activities in Florida?

Answer 19

A defendant may be sued on the basis of its contacts only if they are sufficiently numerous and continuous to subject them to general jurisdiction

Question 20

What may a judge consider in a motion for summary judgment?

Answer 20

pleadings, depositions, interrogatory answers, and admissions in the file, together with affidavits filed with a motion and response thereto.

Question 21

Consequences of expedited trial?

Answer 21

All discovery must be completed w/i 60 days after court adopts joint expedited trial; all interrogatories and requests for production must be served w/i 10 days after adoption, and all responses must be served w/i 20 days, the court determines the number of depositions allowed.

Question 22

Can parties with separate causes of action join together as plaintiffs in a single lawsuit?

Answer 22

No, party joinder is not permitted if plaintiff’s have separate causes of action; however, once separate cases have been filed the court may permit consolidation for trial

Question 23

Indispensable party =

Answer 23

one who must be brought into a suit in order to either i) protect the absent party, or ii) protect a current party from being prejudiced by a judgment that does not include the absentee.

Question 24

When is net worth relevant?

Answer 24

Punitive damages

Question 25

Study Service

Answer 25

Study Service

Question 26

Where is appeal filed from trial court judgment?

Answer 26

notices of appeal are filed with the trial court from which appeal is taken. An appellant must first seek to stay enforcment of a lower court injunction in the lower court itself

Question 27

Pre-trial conferences =

Answer 27

Case managment conference requires reasonable notice and the pretrial conference requires 20 days advance notice to the parties

judge has discretion to hold case management conference; must schedule pretrial on timely motion of party

order setting a case management conference must specify the matters to be considered at the conference

Question 28

Circuit court can hear:

Answer 28

1) cases in equity, 2) cases at law not cognizable in the county court, 3) ejectment actions (T vs. LL), 4) actions involving title to or boundaries of real property, 5) hears appeals from county courts

more than $15,000

Question 29

What cases can county court hear?

Answer 29

All matters not exceeding $15,000, except actions within the exclusive jurisdiction of the circuit court, actions relating to possession or real property and LL v. T, cases in equity not exceeding $15,000, marriage dissolutions that are uncontested or use a simplified procedure, and disputes concerning homeowners’ associations.

Question 30

What can be in included in the jurisdictional amount (to see if it’s over $15,00)?

Answer 30

May include punitive damages and interest when part of the cause of action, and attorneys fees when provided by k or statute.

Question 31

Bases of jurisdiction for PJ:

Answer 31

Presence of D within state when served, general appearance, consent, domicile of natural person in FL, incorporation of corporation in FL, foreign corporation has a place of business in FL, D has substantial activity in FL – minimum contacts, long arms statute.

Question 32

Bases of jurisdiction for in rem:

Answer 32

The thing itself (land) is located within the court’s jurisdiction.

Question 33

Bases for jurisdiction in quasi in rem:

Answer 33

The thing itself itself is located within the court’s jurisdiction and minimum contacts with FL exist.

Question 34

Service of process:

Answer 34

Pl must serve D with summons and copy of complaint within 120 days of commencement unless good cause or excusable neglect shown.

Question 35

Regarding amending complaints:

Answer 35

the 120 day period of service will begin upon the entry of an order granting leave to amend if a copy of the amended complaint is attached to the motion for leave to amend.

Question 36

For purposes of real estate, if tenant cannot be found in the county or there is no person 15 years of age or older residing in the tenants usual place of abode:

Answer 36

After 2 attempts of personal service at the tenant’s residence, service may be made by conspicuously posting process, followed by having a clerk mail copies of the summons and complaint to the defendant at the premises.

Question 37

A party cannot voluntarily dismiss if property has been seized or:

Answer 37

Is in the possession of the court.

Question 38

Fl law provides for the subpoena of documents in the possession of non parties provided that notice is given to other parties.

Other Party needs 10 days advance notice of subpoena’s service.

Answer 38

In the event that there is objection to such discovery, the document must be obtained through other means, such as subpoena duces tecum or an independent action in equity.

Question 39

Fl SC does not have jurisdiction to review :

Answer 39

A decision by a district court of appeal that expressly construed a state statute.

Question 40

Service upon the state of Fl is achieved by service on:

Answer 40

The local state attorney ( or ASA) and the attorney general.

Question 41

Information about the identity of a party’s vehicle liability insurer is discoverable. But:

Answer 41

Not any of the dudes statement he makes to his insurer

Question 42

Suspension of a deposition is authorized upon the ground of:

Answer 42

1) annoyance
2) embarrassment or
3) oppression

Note: merely asking a few irrelevant questions is not per se grounds suspension though counsel may object to questions.

Question 43

Because a party has a right to attend depositions the exclusion of that party would be grounds for:

Answer 43

For objecting to use of the deposition.

Question 44

Al plaintiff may not conduct a deposit :

Answer 44

Within 30 days of serving process unless a court so order, or unless the notice sets forth facts indicating that the despondent will leave the courts pose within 30 days.

Question 45

Court reporters are optional and:

Answer 45

Must be compensated by the party requesting the reporter.

Question 46

Plaintiff is entitled to amend her complaint once without leave of court before a responsive pleading is filed, and:

Answer 46

Within 20 days of its filing

Therefore a 2nd amended complaint require leave of oust even though no responsive pleading has yet been filed.

Question 47

A motion to set aside a judgement for fraud can be made within :

Answer 47

1 yr. of the judgements entry.