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Florida Topics > FL CIVIL PROCEDURE > Flashcards

FL CIVIL PROCEDURE Flashcards

1
Q

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

A

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

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2
Q

Signed proof of a service form is:

A

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

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3
Q

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

A

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

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4
Q

publication is service is allowed

A

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

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5
Q

judge can never enlarge/extend time for:

A

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

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6
Q

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

A

have made a timely directed verdict motion at trial

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7
Q

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

A

within 15 days after return of a verdict

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8
Q

Service of process includes what documents?

A

summons and complaint

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9
Q

Service of process must be made to

A

EACH DEFENDANT

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

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10
Q

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

A

Notice of depo is enough

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11
Q

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

A

you need a subpeona

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12
Q

Depositions of a party deponent must occur

A

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

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13
Q

Depositions must occur where the non-party deponent:

A

lives, works, or transacts business in person

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14
Q

A court may order deposition be taken at any location for

A

the convenience of the parties

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15
Q

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

A

any purpose, regardless of where the depo was taken

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16
Q

How is publication of service given to defendant?

A

court clerk mails to the defendant’s last known address

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17
Q

service of process may be made by:

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

court clerk may file a default notice if

A

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

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19
Q

if a motion for directed verdict is denied

A

the case goes on, and parties can present evidence

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20
Q

if a motion for directed verdict is granted

A

the matter is res judicata (claim preclusion)

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21
Q

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

A

true

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22
Q

1st voluntary dismissal is dismissed

A

without prejudice

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23
Q

2nd voluntary dismissal is dismissed

A

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

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24
Q

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:

A

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

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25
Q

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

A

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

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26
Q

generally an involuntary dismissal is presumed to be

A

WITH PREJUDICE–unless the court says otherwise

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27
Q

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

A

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

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28
Q

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

A

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

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29
Q

the failure of a judge to rule on a motion

A

reserves it for later determination

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30
Q

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

A

the counterclaim can remain pending for independent adjudication by the court

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31
Q

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

A

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

32
Q

affirmative defenses require a

A

reply !

33
Q

motion for summary judgment must be served when?

A

at least 40 days before the MSJ hearing

34
Q

response to an MSJ is due

A

20 days before the MSJ hearing

35
Q

of ROGS allowed

A

30

36
Q

testifying expert can be required to disclose

A
  • how much they are being paid
  • litigation experience (P or D)
  • other cases
  • % of hours worked, # of hours worked, % of income as an expert
37
Q

testifying expert CANNOT be asked:

A
  • overall income from last year from being an expert
  • financial records
38
Q

motion to pull jurors

what is it? when is it done?

A

done after the verdict

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

39
Q

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

A

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

40
Q

motion for view

A

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

41
Q

how many juror challenges for cause ?

A

unlimited #

42
Q

when must you challenge a juror for cause?

A

within 30 days before trial

43
Q

how many peremptory challenges does each party get?

A

each party gets 3

44
Q

alternate jurors … are they allowed?

A

at the judges discretion

for each one selected, each party gets 1 peremptory challenge

45
Q

questions by jurors

A

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

46
Q

juror notebooks

A

allowed at courts discretion

47
Q

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

A

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

48
Q

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

A

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

49
Q

motion for new trial or rehearing

when must it be done?

A

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

50
Q

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

A

10 days after service of the motion

20 additional days is good cause or parties stipulate

51
Q

relief from judgment

A

party is asking court to correct a mistake in the judgment

can be made sua sponte or on motion by either party

52
Q

verdicts must state ___

A

punitive damages SEPERATELY

53
Q

what is required procedure for med mal cases?

A

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)

54
Q

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

A

produce evidence

55
Q

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

A

merely construe (interpret) state statutes

56
Q

Service upon the state of FL is accomplished by

A

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

57
Q

suspension of a deposition is authorized upon grounds of

A

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

58
Q

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

A

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

59
Q

damages less than $50k must be filed in

A

county court

60
Q

damages greater than $50k must be filed in

A

circuit court

61
Q

to join in one suit, the parties must have

A

the same cause of action or a familial relationship

62
Q

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

A

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

63
Q

once a pleading is amended it must be responded

A

within 10 days of service

64
Q

a party may amend a pleading

A

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

65
Q

a party may request a jury trial on an issue

A

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

66
Q

court reporters are

A

optional and must be paid by the party requesting the reporter

67
Q

claim for insufficient service of process is waived when

A

a party makes an appearance and does not raise the issue

68
Q

an affidavit can only be signed by someone

A

who has personal knowledge of the events

69
Q

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

A

with prejudice

70
Q

communications between a lawyer and a public entity client are

A

generally available for inspection

71
Q

oral depositions by videotape are

A

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

72
Q

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

A

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

73
Q

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

A
  • a sheriff
  • or by publication
  • and to accept service by mail
74
Q

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

A

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

75
Q

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

A

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

Florida Topics (11 decks)

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