FL Civil Procedure

Question 1

Special damages (e.g., loss of business and loss of earning capacity) May or Must be specifically stated in a pleading?

Answer 1

MUST

Question 2

Do Federal courts use Federal common law in a diversity jx action?

Answer 2

No

Question 3

Final process to enforce a judgment solely for the payment of money may be by:

Answer 3

“FJ wants just wants to get paid, but only WOES get laid”

1) Writ of Garnishment; or
2) Other appropriate process/proceedings
3) Execution;

Question 4

Orders for pretrial conference must be served at least _________ before the date set for the conference

Answer 4

“IF you wanna PC, the order gotta serve 20 days before the C g”

20 DAYS

Question 5

How many requests for admissions may a party generally propound?

Answer 5

“ADMIT DIRTY 30 confessions”
Imagery: party got sued after throwing bday party for dirty 30s, gets served admissions

30 (including all subparts)

Question 6

Two or more claims for damages may be added together to reach the jurisdictional limit of the circuit court as long as those claims _________________

Answer 6

arise out of the same transaction

Question 7

In computing any period of time prescribed or allowed by the rules of civil procedure, by order of the court, or by any applicable statute, is the day of the act, event, or default from which the designated period of time begins included?

Answer 7

No

Question 8

What are the three classifications of service of process?

Answer 8

1) Personal,
2) Substituted,
and
3) Constructive

Question 9

If a defendant makes WRITTEN SETTLEMENT OFFER served on plaintiff at least 45 days before trial,

and plaintiff rejects or fails to respond within 30 days,

defendant will be entitled to recover reasonable costs + attorney’s fees incurred from the date of the offer if:

Answer 9

i) Judgment is one of no liability; or
ii) Judgment obtained by plaintiff is at least 25% LESS THAN such offer

Question 10

Under the general venue statute, actions must be brought only in the county in which:

Answer 10

(1) Defendant resides
(2) Cause of action accrued; or
(3) Contested property is located

Question 11

If an attorney’s work product is intended to be used at trial, must it be disclosed?

Answer 11

Yes

Question 12

What three categories of cases must the district court of appeals review by appeal?

Answer 12

1) Trial Court final orders NOT directly reviewable by supreme court or circuit court,

2) General law administrative actions, and

3) Certain non-final orders of circuit courts

Question 13

Who is allowed to serve an answer to a complaint or cross-claim or a reply to a counterclaim within 40 days after service?

Answer 13

i) State of Florida;
ii) Agency of the state; and
iii) State officer/employee sued in an official capacity

Question 14

When can a voluntary dismissal not be exercised by a party?

Answer 14

1) Property has been seized or is in court custody,

2) Fraud is committed on the court (counterclaim/cross-claim served before notice of dismissal), or

3) Motion to amend/add a counterclaim/cross-claim to the answer has been served (unless it can remain pending or defendant consents to dismissal)

Question 15

How many interrogatories may be served generally?

Answer 15

30

Question 16

May a plaintiff join a liability insurer in a civil action against a defendant insured by the company?

Answer 16

No

Question 17

In responding to a preceding pleading (i.e., an answer), a party must set forth_______________.

Answer 17

affirmative defenses

Question 18

What is the Statute of Limitations for Negligence?

Answer 18

2 years

Question 19

While COUNTY courts may hear civil actions involving an amount in controversy that is _______________, CIRCUIT courts have jurisdiction over civil actions ________________

Answer 19

$50,000 or less;

Exceeding $50,000

Question 20

In FL, 2 or more claims for damages can be added together to reach the jx $ limit for circuit court if

Answer 20

those claims arise out of the SAME TRANSACTION

If 2 or more SEPARATE claims arise out of DIFFERENT transactions, at least 1 of those claims MUST independently exceed the jurisdictional limit (>$50k)

Question 21

In FL, when a defendant makes written settlement offer to plaintiff at least 45 days prior to trial, and the plaintiff rejects or fails to respond to the offer, the defendant is entitled to recover _______________________ WHEN ______________________

Answer 21

reasonable costs and attorney’s fees incurred after making the offer WHEN the amount awarded to the plaintiff is AT LEAST 25% percent LESS than the SETTLEMENT OFFER

(e.g. pre-trial settlement offer: $100k
Plaintiffs damages awarded at Trial: $70k) = 30% LESS than settlement offer = meets at least 25% less standard –> Defendant will get reasonable attny fees/costs after offer back

Question 22

Under Apex Doctrine, current/former high-level government OR corporate officers can seek protective order preventing them from being deposed

When Court issue a protective order (e.g. preventing party from deposing), the burden shifts to the other party to show that:

Answer 22

• it has exhausted other discovery
• the prior discovery is inadequate, and
• the officer has unique, personal knowledge of discoverable information

Question 23

A deposing party must serve a subpoena upon a NONparty witness to ensure that the nonparty witness will appear and testify at a deposition

But a deposing party only needs to provide ___________________ to a party to the action (i.e. defendant) to depose that party

Answer 23

reasonable notice in writing

Question 24

PERMANENT INJUNCTION are issued AFTER a hearing/trial has been concluded

The party seeking PERMANENT INJUNCTION injunction must show:

Answer 24

• irreparable harm
• a clear legal right
• an inadequate remedy at law
  AND
• consideration of the public interest.

*For temporary—not permanent—injunctions, no evidence other than the affidavit or verified pleading may be used to support its application
*P/I are NOT considered liberally, they are considered EXTRAORDINARY REMEDIES granted SPARINGLY

Question 25

MOTION FOR NEW TRIAL

GENERAL RULE–(NON-CAPITAL CASES) In FL, defendant has 10 days after verdict rendered to file motion

CAPITAL CASES– defendant has 10 days to file motion after _________________________

Answer 25

after WRITTEN FINAL JUDGMENT OF CONVICTION and SENTENCE OF DEATH/OR LIFE IMPRISONMENT

The court MUST grant a new trial if:
* the jurors decided the verdict by lot
* the verdict is contrary to the weight of the evidence
OR
* new and material evidence emerged that
(i) the defendant could not have discovered with reasonable diligence
AND (ii) would have changed the case outcome

Question 26

In Florida, PERSONAL SERVICE on an individual is made by:

Answer 26

• delivering to the person to be served a copy of the complaint, petition, or other initial pleading or paper
  OR
• leaving the copies at the person’s usual place of abode with any person residing therein who is 15 years of age or older and informing the person of the contents

Question 27

Personal service is preferred, substituted (i.e., delivery to someone authorized to receive service) or constructive (i.e., made by publication of notice of the litigation) service…

Answer 27

may be permitted under specific circumstances

Question 28

True or False:

In Florida, personal, substituted, or constructive service may be made on an individual.

Answer 28

TRUE

Question 29

True or False:

Service against a partnership may be served on any partner and is as valid as if served on each individual partner.

Answer 29

TRUE

Question 30

In civil or criminal cases, evidence of
* withdrawn guilty pleas
* pleas of no contest (i.e., nolo contendere)
* statements made while negotiating a plea with a prosecutor
AND
* statements made during a plea proceeding are generally

Answer 30

*NOT admissible.

*Evidence is admissible, if another statement made during the same plea/negotiation has already been admitted and fairness requires that the statement in question be admitted

If the statements were false, made under oath, on the record, and with counsel present, they are also admissible in a later PERJURY prosecution

Question 31

In Florida, are district courts of appeal required to review nonfinal orders that concern venue?

Answer 31

Yes.

Question 32

Are VENUE provisions in a contract between a FL RESIDENT subcontractor and real property that require legal action to be brought OUTSIDE Florida void?

Answer 32

Yes.

Any legal action must be brought in the Florida county where the defendant resides, the cause of action accrued, or the litigated property is located.

Question 33

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

Once a response is served, the pleading may only be amended by

Answer 33

*Leave of court OR
*w/ adverse party’s written consent

Question 34

In Florida, expert witnesses who are not expected to testify at trial may not be deposed unless the party requesting discovery shows

Answer 34

ONLY UPON PROPER SHOWING

–> exceptional circumstances that make obtaining facts or opinions on the same subject impracticable by other means

Question 35

In Florida, a deposition of an expert witness may be used by any party for

Answer 35

ANY PURPOSE

Question 36

When a party does not serve answers or objections to interrogatories within the time specified in a court order, can the court dismiss all or part of the claim?

Answer 36

Yes.

The court has wide discretion to impose sanctions and/or remedies in these situations.

Question 37

The circuit court docket was quite busy. To speed up the process, the resident and landlord both agreed to participate in voluntary binding arbitration proceedings.

Which is correct?

Answers:

If there is an appeal from the arbitrator’s decision, the circuit court will hear the appeal and may review the record for arbitrator failure to comply with evidentiary rules.

The arbitrator must serve the parties with a decision within 20 days of the final adjournment.

The court is not required to accept the arbitrator’s decision.

The arbitrator’s decision must be appealed within 21 days.

Answer 37

If there is an appeal from the arbitrator’s decision, the circuit court will hear the appeal and may review the record for arbitrator failure to comply with evidentiary rules.

*CANT review it de novo; –> appeal is limited to a review of the record

In a Florida civil case, APPEALS for BINDING VOLUNTARY ARBITRATION MUST be appealed to CIRCUIT COURT

The record may be reviewed for:

• failure of arbitrator to comply w/ rules
• partiality/misconduct by arbitrator that prejudiced a party’s rights
• results contrary to the U.S. or FL constitutions

Question 38

INTERLOCUTORY APPEALS

In FL, Appeals to the district courts of non-final orders (i.e., interlocutory appeals) are limited to when the order concerns

Answer 38

“VIP JARS (Justices) Can Create Big Legal Changes”

1. CONCERNS Venue, Injunctions, or Receiverships;

OR

2. GRANTS a New Trial, Relief, or Immunity:
   – Civil rights claim under federal law
   – State representative
   – Torts claim;

OR

3. DETERMINES:

– Jx of the person
– Right to immediate possession of property
– Right to immediate monetary relief or child custody in family law matters
– Entitlement to arbitration or insurance policy appraisal
– Party is not entitled to workers’ compensation immunity
– Class certification
– Party not entitled to absolute/qualified immunity in federal civil rights claim
– Governmental action that inordinately burdens real property

Question 39

The prospective jurors shall be sworn collectively or individually, as the court may decide. The form of oath shall be as follows:

Answer 39

Do you solemnly swear that you will answer truthfully all questions asked of you as prospective jurors?

Question 40

Who selects between counts in an inconsistent verdict situation?

Answer 40

The state need not elect between inconsistent counts,

but the trial court shall submit to the jury verdict forms as to each count with instructions applicable to returning its verdicts from the inconsistent counts..”
So the JURY

Question 41

In a which the jury requests to have the transcripts of trial testimony, the following procedures must be followed:

Answer 41

(1) The trial judge must deny the requests for transcripts

(2) The trial judge must instruct jurors that they can, however, request to have any testimony read or played back, which may or may not be granted at the court’s discretion

(3) In cases in which jurors make only a general request for transcripts, The trial judge must instruct jurors that they specify the particular trial testimony they wish to have read or played back.

Question 42

When must discovery be completed in an expedited trial?

Answer 42

“When we expedite trial, Discover within 60, of Court’s Order Filed”

Within 60 days of court’s order adopting the stipulation