FL Civ Pro Notes Answer Explanations

Question 1

A defendant may serve a third party complaint:

Answer 1

that arises out of the subject matter of the Plaintiff’s complaint.

Question 2

Failing to timely respond to a request for admissions is a:

Answer 2

deemed admission of the matter.

a demonstration of excusable neglegct can overcome the deemed admission

Question 3

a party who has timely filed a motion for directed verdict may move to **set aside the verdict: **

Answer 3

within 15 days of the return of the verdict.

Question 4

Party’s atty may instruct a deponent **not answer a question **when necessary to:

Answer 4

1) preserve a privilege,
2) enforce a limitation on evidence directed by the court,
3) present a motion to terminate the deposition.

Question 5

a party is** required to file a reply** if:

Answer 5

the part seeks to avoid an** affirmative defense** raised by other party in its pleading (eg, an answer)

Question 6

if the intial service of process is not made upon the Defendant, the court must:

Answer 6

• direct that service be effected within a specified time,
• dismiss the action without prejudice
• or drop Defendant as a party (unless Defendant shows good cause for failure to serve).

Question 7

If a court grants Defendant’s motion to compel production of docs against Plaintiff, the Court (after a hearing) must:

Answer 7

require Plaintiff to pay the reasonable expenses associated with **securing the order compelling discovery. **

Question 8

when a defendant makes a written settlement offer that is served on the Plaintiff at least 45 days prior to trial and the ** Plaintiff rejects or fails to respond to the offer **

Answer 8

Defendant is entitled to recover reasonable costs and atty’s fees incurred after making the offer when the amount awarded to the Plaintiff is at least 25% less than the amount of the** offer**.

Question 9

After** all pre-suit procedures have been completed**, the Med-Mal Procedure act provides that:

Answer 9

parties may elect to have damages determined by voluntary binding arbitration

Question 10

fraud or mistake must be:

Answer 10

stated with** particularity.**

Question 11

special damages may be:

Answer 11

determined generally.

Question 12

Civil case at issue and ready for trial; File a:

Answer 12

Notice for Trial.

Question 13

The work-product doctrine protects material prepared in anticipation of litigation. However, if protected materials are to be used at trial:

Answer 13

they **must be disclosed. **

Question 14

a claim should be dismissed if the Plantiff fails to:

Answer 14

appear at trial depsite receiving notice.

But, the P must be served notice of an application of default before a default judgment is granted.

Question 15

If a party makes a pre-reply motion, the party:

Answer 15

waives any defenses available at the time of the motion that are not raised. (including the insufficient service of process defense.

Question 16

when requested by the Attorney General, the Florida Supreme Court is required to:

Answer 16

render an advisory opinion of the justices.

Question 17

a party that seeks a jury trial must:

Answer 17

1) make a written demand at any time after commencement, and
2) not later than 10 days after the service of the last pleading directed to the issue.

Question 18

In actions against multiple defendants, venue is proper:

Answer 18

in any county in which any of the defendants resides.

Question 19

If only part of the oppsosing party’s deposition is offered into evidence, then opposing party may:

Answer 19

require the introduction of any other part that in** fairness** ought to be entered.

Question 20

In cases involving multiple defendants, the Plaintiff has the option of:

Answer 20

suing the defendants individually, separately, or joining some or all of the defendants together in a **single lawsuit. **

Question 21

A party may amend a pleading:

Answer 21

once as a matter of course at any time before a responsive pleading is served.

Later, it may be amended only by leave of court or adverse party’s consent.

Question 22

Settlement of an estate falls within the jurisdiction of:

Answer 22

the circuit courts, regardless of the amount in controversy.

Question 23

A judge can be disqualified from hearing a case if the judge:

Answer 23

is related to one of the parties in the case. However, this disqualification can be waived by **stipulation of the parties. **

Question 24

a party may amend a pleading **once as a matter of course ** at any time before a responsive pleading is served.

Answer 24

Later, it may be amended only by leave of court or **adverse party’s consent. **

Question 25

a party seeking affirmative relief may voluntarily dismiss the action once as a matter of right.

Answer 25

However, a **case cannot be voluntarily dismissed ** when property has been seized or in court custody

Question 26

If an expert is not expected to testify at trial then the opposing party may:

Answer 26

obtain info about the expert only upon **showing of exceptional circumstances. **

Question 27

a Plaintiff can serve process by leaving process and a copy of the complaint at the defendant’s usual place of abode (not vacation home) with a resident at least ___ years old.

Answer 27

15

Question 28

An answering party cannot use lack of information or knowledge as an excuse to not answer, unless:

Answer 28

that party has made a **reasonable inquiry. **

Question 29

An answering party cannot use lack of information or knowledge as an excuse not to answer:

Answer 29

unless that party has made a reasonable inquiry.

Question 30

an attorney can only tell a witness not to answer a question at a deposition to:

Answer 30

preserve a privilege, enforce a limitation on evidence, or to present a motion to terminate or limit examination.

Question 31

people who have claims against the Plaintiff may be joined as defendants and required to:

Answer 31

interplead when their claims can expose the Plaintiff to double/multiple liability.

Question 32

a party in a medical malpractice suit can get pre-suit discovery by:

Answer 32

unsworn statements by oral examinations, physical examinations, written interrogatories, and productions of documents or things.

Question 33

the court may require the parties to appear at PTC for:

Answer 33

1) simplifying issues,
2) potential amendments to pleadings,
3) possibly obtaining admissions of fact,
4) expert witnesses
5) use of juror notebooks

Question 34

if a party no shows, the other party must certify in the motion:

Answer 34

that a good faith effort was made to obtain the discovery without court action. (when other party files motion to compel and requests atty’s fees)

Question 35

if a party voluntarily dismisses a claim,

Answer 35

the court can order the payment of costs of the claim previously dismissed.

Question 36

all objections regarding depositions:

Answer 36

should be made at the time of the examination

Question 37

all people who have an interest in a cause of action and in obtaining relief in the COA:

Answer 37

may join as plaintiffs.

Any person can be a defendant if they have adverse claims to the Plaintiff.

Question 38

an action can be dismissed when a remedy may be more convenient in a jurisidiction other than Florida:

Answer 38

when the court finds that another forum exists that has possession over the whole case.

Question 39

Defenses that can be made by motion from pleader:

Answer 39

1) lack of SMJ
2) lack of PJ
3) insuffiency of process
4) insufficient service of process
5) improper venue
6) failure to state a cause of action
7) failure to join indispensable parties

Any ground not stated must be deemed waived, except SMJ

Question 40

service of the intial process and pleading should be made upon defendant:

Answer 40

within **120 days ** after filing the intial pleading.

Question 41

when a period of time is stated in days or longer, begin counting from:

Answer 41

the day that is not a Saturday, Sunday, or legal holiday.

Question 42

when a pleader intends in good faith to deny only part of an allegation, the pleader shall:

Answer 42

specify what is true and deny the remainder.

Question 43

if a judgment is for a conveyance, transfer, or acquittance of property, the judgment will have the effect of:

Answer 43

a duly executed conveyance, transfer, or release, or acquittance that is recorded in the county where the judgment is recorded.

Question 44

a party that moves for a directed verdict at close of evidence offered by adverse party may still offer evidence if:

Answer 44

the motion is denied, without reserving the right to do so and to the same extent as if the motion wasn’t made.

Question 45

a motion for directed verdict must:

Answer 45

state the specific grounds for it.

Question 46

when a motion for a new trial is based on affidavits, the affidavit should be served with the motion. The opposing party has ____ days after this service to serve opposing affidavits

Answer 46

10 days. This can be extended up to 20 days for good cause or written stipulation. the court may allow reply affidavits.

Question 47

when a public officer is a party in an action and either dies, resigns, or ceases to hold office:

Answer 47

the action does not subside and an order of substitution is entered. the officer’s successor takes their place in the case, and the omission to enter an order of substitution does not affect the substitution.

Question 48

final judgments after default may:

Answer 48

be entered at any time. No judgment can be entered against an infant or incompetent person unless represented by a guardian committee, conservator, or other respresentative approved by the court.

Question 49

in a judgment for a specific act or contract:

Answer 49

the judgment must specify the time in which the act should be performed.

Question 50

a defendant that timely returns a waiver before being served with process is not required to respond to the complaint until:

Answer 50

60 days after the date the defendant received the request for waiver of service.

Question 51

reasons the court may relieve a party from a final judgment, decree, order, or proceeding:

Answer 51

1) judgment or decree is void, 2) judgment or decree has been satisfied, released, or discharged, 3) mistake, inadvertance, or excusable neglect.

Question 52

when actions that involve a common question of law or fact are pending before the court, it may order:

Answer 52

a joint hearing of any/all matters at issue/order them consolidated

Question 53

Max amount of time after final judgment is entered that a party has to file a motion seeking a judgment taxing costs, atty’s fees, or both:

Answer 53

30 days

Question 54

the intial pleading seved on behalf of a minor party must:

Answer 54

state the age of the minor party.

Question 55

the court will treat a mistakenly designated defense as a:

Answer 55

counterclaim, and vice versa, as if there had been a proper designation.

Question 56

the court must examine a prospective juror on oath to determine whether the person is related, within the third degree to:

Answer 56

i) any party
ii) the atty of any party
iii) any person/entity against whom blame/liability is alleged

Question 57

misjoinder of parties is NOT a ground for:

Answer 57

dismissal of an action

Question 58

parties may obtain discovery about any non-privileged matter that is:

Answer 58

relevant to the subject matter of the pending action.

Question 59

rule of misjoinder is NOT

Answer 59

dismissal of the entire action with prejudice

Question 60

If a party files a motion, the court may permit that party to serve a

Answer 60

supplemental pleading alleging occurences that have happened since the original pleading.

Question 61

Venue is proper only:

Answer 61

1) where the defendant resides
2) where the COA occured
3) or where the property in litigation is located.

Question 62

A corporation may be sued only in:

Answer 62

1) the county where it has an office for transaction of its customary business
2) there the COA accrued
3) where the property in litigation is located

Question 63

generally, any claim a pleader has against an opposing party that **arises out of the same transaction or occurence **

Answer 63

must be asserted at the time the responsive pleading is served or is forever lost.

(an action can be only voluntarily dismissed once, the second time is with prejudice.)

(until a default judgment is made, the opponent can still plead/defend late.)

Question 64

either party may move for a directed verdict at the close of evidence of either side if the party

Answer 64

believes the evidence was not sufficient to enter a verdict for either party. The jury does not need to assent to a directed verdict.

Question 65

**Summary Judgment: **
Judgment entered by one party against another party without a full trial.

Answer 65

the party must show that:
1) there is no genuine dispute of material fact,
2) 2) the party is entitled to judgment as a matter of law.

Question 66

a defendant may move for summary judgment at:

Answer 66

any time.

Question 67

a plaintiff must wait: ___ days after commecning an action move for summary judgment

Answer 67

20 days

Question 68

executions on judgments shall not issue :

Answer 68

propr to the judgment on which it is based on has been recorded

Question 69

permission of the court is required to present a counterclaim:

Answer 69

by supplemental pleading if the claim has matured after service.

Question 70

to be a compulsory counterclaim:

Answer 70

a pleading must state as a counterclaim any claim the pleader has against an opposing, provided it arises out of STOO

Question 71

voluntary binding arbitration:

Answer 71

• a record and transcript may be made of the aribtration hearing if requested by any party or at the direction of the chief arbitrator
• the record and transcript may be used in subsequent legal proceedings
• the court shall determine the amount of compensation of the arbitrators if there is no agreement by the parties
• the parties may establish the hearing procedures for voluntary binding arbitration.

Question 72

an action may be dismissed on the ground that there is a more convenient forum:

Answer 72

when the trial court finds that the appropriate alternate forum exists that has jx over the whole case (including parties).

Question 73

money paid into court in an action where part of relief sought is a judgment for a sum of money, the money should be:

Answer 73

deposited and withdrawn by order of the court.

Question 74

a settlment proposal must:

Answer 74

1) name the party/parties’ making the proposal and the party or parties to whom the proposal is being made,
2) must state with particularity the amount proposed to settle a claim for punitive damages,
3) include a certificate of serivce

Question 75

if a partial or final mediation agreement is reached, it shall:

Answer 75

be reduced to writing and signed by the parties.

Question 76

a motion for summary judgment must be granted if:

Answer 76

a moving party shows that there is no genuine issues of material fact and the moving party is entitled to JMOL

Question 77

a defendant may have a summons and complaint served on a person that is NOT a party to the action who is/may be liable to the defendant for:

Answer 77

all or part of the plantiff’s claim against the defendant.

Question 78

the party entitled to serve motions directed to the last pleading may waive the right to do so by:

Answer 78

filing a notice for trial at any time after the last pleading is served.

Question 79

a person receiving a subpoena to produce documents in a pleading action, but believes that the docs requested are irrelevant to the case:

Answer 79

this person may object to the production and will not be required to surrender the documents or things.

a copy of the notice and proposed subpoena shall not be furnished to the person the subpoena was served.

if any party serves an objection to production under this rule within 10 days of service of the notice, the documents or things shall not be produced.

Question 80

matters that must be plead with specificity:

Answer 80

1) failure to perform conditions precedent,
2) fraud,
3) special damages

Question 81

**reasonable notice **must be given for a case management conference.

20 days notice must be given for a PTC.

on failure of a party to attend a conference, the court may:

Answer 81

1) dismiss the action
2) strike the pleadings
3) limit proof or witnesses
4) take any other appropriate action.

any docs that the court requires must be specified in the order. Order setting PTC’s must be uniform throughout the territorial jx of the court.

Question 82

any claim that a pleader has against an opposing party that arises STOO as the claim they are responding to, must be asserted at:

Answer 82

the time a responsive pleading is served or it is forever lost.

an action can only be voluntarily dismissed w/o prejudice once, the second time is with prejudice.

a counterclaim is not barred if not responsive pleading is filed.

Question 83

within _ days after the return of a verdict, a party who has timely moved for a directed verdict may serve a motion for a belated directed verdict.

Answer 83

15 days

Question 84

service must be made upon:

Answer 84

Plaintiff’s attorney.

answers and crossclaims must be served on a party **personally ** only if directed by the court.

Question 85

Plaintiff voluntarily dismisses case. Before SOL runs, plaintiff decides to re-file. The judge can:

Answer 85

order P pay coses for the previously dismissed claim.

Question 86

a record and transcript may be made of the arbitration if

Answer 86

requested by any party or at the direction of the chief arbitrator.

Question 87

mobile owner’s association:

Answer 87

members may be joined in an action for mechanical elements serving a common area

Question 88

a party who accepts service of process by mail has ____ days from the date that the notice was received to respond to the complaint.

Answer 88

60

Question 89

all bonds,notes, bills of exchange, contracts, accounts, or documents on which action may be brought or defense made must be:

Answer 89

incorporated in or attached to the pleading.

Question 90

a motion for new trial or rehearing shall be served not later than _ days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action.

Answer 90

15

Question 91

Med Mal: may not be filed against any defendant until ____ days after the notice of intent to initiate litgation.

Answer 91

90

Question 92

each interrogatory must be answered separately and fully in writing under oath: unless

Answer 92

it is objected to, in which event the grounds for objection must be stated and signed by the atty making it.

Question 93

verdict in actions where punitive damages are sought:

Answer 93

shall state the amount of punitive damages separately from the amounts of other damages awarded.

Question 94

cannot amend a pleading after:

Answer 94

responsive pleading is filed.

Question 95

any venue provision in a contract re: improvement to real property that requires legal action involving a resident contractor or subcontractor is:

Answer 95

VOID

Question 96

FL Supreme court has discretion to review any decision of a district court that:

Answer 96

expressly declares valid a state statute.