FL Civ Pro/Fed Civ Pro Flashcards
Can a D’s counterclaim be barred if no responsive pleading was ever filed for a previously voluntarily dimissed case?
No.
Is the assent of the jury to a directed verdict required?
No.
What is required to file a belated directed verdict? (JNOV)
- Party must have timely filed a directed verdict motion at trial.
- Belated directed verdict motion must be filed with 15 days after the return of a verdict.
How many copies of a summons and complaint must a D receive?
- 1 copy of each for each defendant.
Do answers and counterclaims have to be served personally on P?
No. Should be served upon P’s attorney.
When can an action be removed from state to federal court if both have jurisdiction?
- can only be removed by D
- can be removed if could have originally been filed in federal court AND
- for cases removed on basis of diversity, no D is a citizen of state where action is filed.
- Jurisdiction tested as of date of removal
When can an attorney be sanctioned?
What is substantive use of testimony?
Can counterclaims be added to a case if no connection at all between the counterclaim and original claim?
Yes, as long as there is subject matter jurisdiction.
When can there be a motion to discharge for failiure to bring trial against the Defendant?
