FL Civ Pro #’s Game

Question 1

3

Answer 1

Peremptory challenges (without cause), provided that:

A) these challenges are not discriminatory, and
B) where the number of parties on each side of the action are unequal, the side of the action with fewer parties will divide equally among them additional peremptory challenges so that the total number of peremptory challenges on each side of the dispute are equal.

Question 2

6

Answer 2

Jurors required for Florida civil trials

NOTE: Same rule under FRCP

Question 3

10

Answer 3

• INVOLUNTARY DISMISSAL (Failure to Prosecute): If there is no record activity by the filing of pleadings, order of court, or otherwise for a period of 10 months, a notice may be provided to all parties that no such activity has occurred.NOTE 1: Failure to comply w/ an order from the court or with court rules will also result in involuntary dismissal.
  NOTE 2: An ID is deemed to be with prejudice and operates as an adjudication on the merits unless otherwise specified.
• JURY TRIAL: Demand must be made no later than 10 DAYS after the service of the last pleading directed to such issueNOTE 1: A demand for a jury trial must be requested in writing or it is waived.
  NOTE 2: Once demanded, a jury trial may not be waived, unless there is consent from the other party.
  NOTE 3: Once a trial by jury has been waived, a jury trial may not be granted without the consent of the parties, but the court may allow an amendment in the proceedings to demand a trial by jury or order a trial by jury on its own motion
• Obtaining documents from non-parties W/O a subpoena requires service of 10 days notice on every party of the intent to serve a subpoena for the production of documents

Question 4

15

Answer 4

15 Days to challenge a VERDICT from the date of adjournment/RETURN of the jury verdict (or discharge of the jury if there is no verdict)

A) Motion to set aside the verdict and for judgment in accordance with the motion for directed verdict
- Post-trial motion waived if no prior motion for directed verdict was made

B) Motion for new trial or rehearing
- New trial may be granted to all or any of the parties on all or part of the issues litigated at trial.
- In the event a motion for rehearing is filed and the party then files a notice of appeal, the appeal constitutes an abandonment of the motion for rehearing and gives the appellate court jurisdiction over the matter.

SUBSTITUTED SERVICE: If a defendant cannot be personally served, a plaintiff can affect substituted service by leaving a copy of the summons and complaint at his or her usual place of abode, with any person residing therein who is 15 years of age or older, and informing that person of the contents

Question 5

20

Answer 5

• 20 days for P to reply to ANSWER (only required if the answer has affirmative defs P wants to avoid)
• Party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party
  NOTE: Movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing
• Any party may serve notice that an action is ready for trial within 20 days after service of the last pleading or any time after any motions directed to the pleading have been decided.
• Motions for reconsideration must be filed within 20 days of the order of disqualification, unless good cause is shown.
  NOTE: A successor judge may reconsider the factual or legal rulings of a prior disqualified judge on a motion for reconsideration.
• 20 days notice for pretrial conference (reasonable notice for case management conf)

Question 6

30

Answer 6

• Subpoena duces tecum compels the deponent to bring to the deposition specific papers and documents for inspection and copying. The DEFENDANT is allowed 30 days to assemble the documents.
  EX: The financial officer might be asked to bring to his deposition copies of all financial statements for the previous five years.
• Interrogatories are limited to 30 questions, including subparts (may only be extended by leave of court)

^ Same rule applies to Requests for Admission

• TRIAL DATE: If the court finds the action is ready to be set for trial, it will enter an order fixing the date for trial. The trial date must be set at least 30 days from service of the notice for trial.

Question 7

40

Answer 7

MOTION FOR SUMMARY JUDGMENT:

• A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.
• The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing.

Question 8

60

Answer 8

SERVICE BY MAIL

A party agreeing to accept service via mail gets 60 days to file an answer, and thereby waives no rights as to any objections.

Question 9

120

Answer 9

SERVICE OF PROCESS

• In general, a defendant must be served within 120 days of filing the complaint.
• However, the time can be extended, but a party must file a motion with the court to extend the time.