FL CIVIL PROCEDURE

Question 1

Service of subsequent documents (docs other than the complaint) must be served on:

Answer 1

the party’s attorney (or the pro se party)

Question 2

Signed proof of a service form is:

Answer 2

prima facie evidence that service was made BUT failure to provide proof of service does NOT affect the validity of the service

Question 3

substituted service is allowed if (must meet all 3):

Answer 3

1) process is left at the Ds usual place of abode (aka D is actually living there at the time of the service)
2) with someone who is at least 15 years old
3) and who resides there

Question 4

publication is service is allowed

Answer 4

only by statute and ALWAYS requires that diligent inquiry has been made into the name and whereabouts of any person who should be served

Question 5

judge can never enlarge/extend time for:

Answer 5

4MNSP
M- motion for directed verdict
M- motion for new trial or rehearing
M- motion for amendment of judgment
M- motion for relief of judgment
N- notice of appeal
S- sua sponte grant of new trial
P- petition for certiorari

Question 6

To make a motion for belated directed verdict (JNOV) a party must

Answer 6

have made a timely directed verdict motion at trial

Question 7

When may a motion for belated directed verdict (JNOV) be filed

Answer 7

within 15 days after return of a verdict

Question 8

Service of process includes what documents?

Answer 8

summons and complaint

Question 9

Service of process must be made to

Answer 9

EACH DEFENDANT

they must EACH get ONE summons and ONE complaint – even if there are multiple defendants

Question 10

If the deponent is a party, what do you need to compel attendance?

Answer 10

Notice of depo is enough

Question 11

If the deponent is a non-party, what do you need to compel attendance?

Answer 11

you need a subpeona

Question 12

Depositions of a party deponent must occur

Answer 12

Plaintiff: where case was filed or where P lives
Defendant: where D lives

Question 13

Depositions must occur where the non-party deponent:

Answer 13

lives, works, or transacts business in person

Question 14

A court may order deposition be taken at any location for

Answer 14

the convenience of the parties

Question 15

Deposition testimony of a party may be used at trial for:

Answer 15

any purpose, regardless of where the depo was taken

Question 16

How is publication of service given to defendant?

Answer 16

court clerk mails to the defendant’s last known address

Question 17

service of process may be made by:

Answer 17

• any non-party over the age of 18
• anyone appointed by the court (elisor)
• sheriff

Question 18

court clerk may file a default notice if

Answer 18

the defendant has NOT APPEARED AT ALL!

if D answered something, clerk can’t enter default notice – party has to apply for default with the court

Question 19

if a motion for directed verdict is denied

Answer 19

the case goes on, and parties can present evidence

Question 20

if a motion for directed verdict is granted

Answer 20

the matter is res judicata (claim preclusion)

Question 21

a third party defendant may raise any defense or defensive motion that is available to the defendant… true or false?

Answer 21

true

Question 22

1st voluntary dismissal is dismissed

Answer 22

without prejudice

Question 23

2nd voluntary dismissal is dismissed

Answer 23

with prejudice, even if the second dismissal occurs by court order rather than by notice

Question 24

When a motion to dismiss for failure to prosecute is made and notice is given to the parties, the party that has failed to prosecute may:

Answer 24

at least 5 days before the hearing on the MTD, show good cause in writing why the action should remain pending

Question 25

An action may be voluntary dismissed by the plaintiff once without court order and without prejudice at any time EXCEPT when…

Answer 25

a motion for SJ is pending with the judge
the jury has retired
the issue has been submitted to the judge

Question 26

generally an involuntary dismissal is presumed to be

Answer 26

WITH PREJUDICE–unless the court says otherwise

Question 27

in a bench trial, the defendant can move for involuntary dismissal

Answer 27

at the close of the plaintiff’s case (aka after plaintiff has presented their evidence)

Question 28

if lis pendens if filed and then the action is voluntarily dismissed,

Answer 28

the lis pendens is automatically dissolved (do not need court order)

Question 29

the failure of a judge to rule on a motion

Answer 29

reserves it for later determination

Question 30

if an action by the Plaintiff has begun and the Defendant has brought a counterclaim, the Plaintiff cannot move for a voluntary dismissal and have the motion granted UNLESS

Answer 30

the counterclaim can remain pending for independent adjudication by the court

Question 31

If landlord is ejecting tenant, what court must the case be brought it?

Answer 31

If L ejecting T for $50k or less –> MUST be in county

If L ejecting T for $50k or more –> may be in county or circuit

Question 32

affirmative defenses require a

Answer 32

reply !

Question 33

motion for summary judgment must be served when?

Answer 33

at least 40 days before the MSJ hearing

Question 34

response to an MSJ is due

Answer 34

20 days before the MSJ hearing

Question 35

of ROGS allowed

Answer 35

30

Question 36

testifying expert can be required to disclose

Answer 36

• how much they are being paid
• litigation experience (P or D)
• other cases
• % of hours worked, # of hours worked, % of income as an expert

Question 37

testifying expert CANNOT be asked:

Answer 37

• overall income from last year from being an expert
• financial records

Question 38

motion to pull jurors

what is it? when is it done?

Answer 38

done after the verdict

you are asking the jurors how they voted–last chance to ensure unanimous verdict

Question 39

motion for continuance of trial
what is it? how is it made?

Answer 39

must be written unless made orally at trial
must be signed by party unless good cause is shown

Question 40

motion for view

Answer 40

viewing the scene where the action occured
moving party pays costs
prevailing party can recover costs

Question 41

how many juror challenges for cause ?

Answer 41

unlimited #

Question 42

when must you challenge a juror for cause?

Answer 42

within 30 days before trial

Question 43

how many peremptory challenges does each party get?

Answer 43

each party gets 3

Question 44

alternate jurors … are they allowed?

Answer 44

at the judges discretion

for each one selected, each party gets 1 peremptory challenge

Question 45

questions by jurors

Answer 45

jurors can submit questions after the lawyers have asked all their questions

• in writing, signed, to the baliff

judge reads the questions to lawyers outside jury presence and lawyers can object

Question 46

juror notebooks

Answer 46

allowed at courts discretion

Question 47

post verdict interview of jurors
what is it? when must it be made?

Answer 47

motion to determine if there is a legal challenge to the verdict

must be made within 1 days of the verdict unless good cause is shown

court may allow, but must prescribe: time, place, manner, scope, conditions

Question 48

motion for attorneys fees and costs
when can it be done?

Answer 48

within 30 days after litigation finishes OR you can move for it after notice of voluntary dismissal

Question 49

motion for new trial or rehearing

when must it be done?

Answer 49

15 days after (1) return of jury verdict or (2) filing of judgment in bench trial

Question 50

when must opposing affidavits for Motions for New Trial or Rehearing be filed?

Answer 50

10 days after service of the motion

20 additional days is good cause or parties stipulate

Question 51

relief from judgment

Answer 51

party is asking court to correct a mistake in the judgment

can be made sua sponte or on motion by either party

Question 52

verdicts must state ___

Answer 52

punitive damages SEPERATELY

Question 53

what is required procedure for med mal cases?

Answer 53

1) pre-suit investigation (another Doctor as an expert who will opine that med mal actually occurred)
2) notice of intent to sue
3) pre-screening process (90 days for D to look over suit and come back with a settlement)
4) discovery
5) voluntary binding arbitration (usual litigation procedure for med mal; alternative to going to court; caps Ps recovery)

Question 54

To survive a motion for summary judgment, the non-moving party must

Answer 54

produce evidence

Question 55

Florida supreme court has no jurisdiction to review district court of appeals decisions that

Answer 55

merely construe (interpret) state statutes

Question 56

Service upon the state of FL is accomplished by

Answer 56

service on the local state attorney (or state attorney’s assistant) and the attorney general

Question 57

suspension of a deposition is authorized upon grounds of

Answer 57

annoyance, embarrassment, or oppression (irrelevant questions is not a per se ground to suspend deposition)

Question 58

If a respondent’s answer to discovery is complete WHEN MADE then

Answer 58

there is no duty to supplement the answer with information that is acquired after

only have a duty to supplement if your answer was incomplete when made

Question 59

damages less than $50k must be filed in

Answer 59

county court

Question 60

damages greater than $50k must be filed in

Answer 60

circuit court

Question 61

to join in one suit, the parties must have

Answer 61

the same cause of action or a familial relationship

Question 62

a subpoena of a non-party must be given by a court

Answer 62

that has jurisdictional power over the non-party!!

ex: if you want to depose a non-party that lives in Michigan, you need to get a subpoena from a Michigan court

Question 63

once a pleading is amended it must be responded

Answer 63

within 10 days of service

Question 64

a party may amend a pleading

Answer 64

once before a response is made or if no response is needed, within 20 days

Question 65

a party may request a jury trial on an issue

Answer 65

no later than 10 days after service of the last pleading directed to that issue

Question 66

court reporters are

Answer 66

optional and must be paid by the party requesting the reporter

Question 67

claim for insufficient service of process is waived when

Answer 67

a party makes an appearance and does not raise the issue

Question 68

an affidavit can only be signed by someone

Answer 68

who has personal knowledge of the events

Question 69

Normally, unless the court states otherwise, a dismissal by the court is

Answer 69

with prejudice

Question 70

communications between a lawyer and a public entity client are

Answer 70

generally available for inspection

Question 71

oral depositions by videotape are

Answer 71

allowed without order of the court just need to state in the notice that it is going to be videotaped

Question 72

subpoenas can compel the attendance of a nonresident of Florida only in

Answer 72

the county where the nonparty deponent was served or other convenient place as ordered by the court

Question 73

a plaintiff can request a defendant to waive formal service of process by

Answer 73

• a sheriff
• or by publication
• and to accept service by mail

Question 74

if a defendant waives personal service and is served by mail, defendant has

Answer 74

60 days from the date of the requested waiver to respond to the complaint

Question 75

the only limitation on the power of the court to grant a voluntary dismissal is

Answer 75

when there is a counterclaim pending that cannot stand alone if the main action is dismissed UNLESS the counterclaimant waives his objection to the dismissal