FL Civil Procedure Missed Rules Flashcards
In Florida, a defendant has the right to bring a motion to dismiss for lack of subject matter jurisdiction ________________ during the proceedings, even _______ the case has gone to trial.
at any time; after
In a Florida civil case, when may a plaintiff amend their complaint as a matter of course without leave of court?
Before the defendant files their answer.
In Florida, a defendant typically has ______ days to respond after being served with a complaint.
20
A motion to transfer venue would not typically be based on a lack of _______________________________.
personal jurisdiction
Creditor owns Whiteacre. Bobby visits Whiteacre to claim an overdue loan payment from Creditor. Creditor refuses to pay, and Bobby repeatedly knocks Creditor on the head. Bobby sues Creditor for the payment and also files a notice of lis pendens on Whiteacre. Moments after Creditor’s motion for summary judgment is dismissed, Bobby files a notice of voluntary dismissal.
What is the impact of the voluntary dismissal?
The voluntary dismissal will automatically cancel the lis pendens without the need for a court order.
The two-dismissal rule usually means that a____________ can _____________ dismiss the same claim twice, but the second dismissal operates as an adjudication on the merits and is effectively a dismissal with _________________.
It prevents the plaintiff from refiling the same claim a third time.
plaintiff; voluntarily; prejudice
The purpose of a preliminary injunction is not to punish but to maintain the status quo and prevent irreparable harm pending a final determination of the action.
A. Defendant can file a motion to dismiss without seeking court’s permission, but the court may impose costs on Defendant.
For a class action to proceed, the court must be convinced that the named plaintiff can ___________ and __________ protect the ____________ of the class.
This includes both the ability to competently litigate the action and the absence of conflicts of interest.
fairly; adequately; interests
The maximum amount in controversy for a small claims case in Florida is _______________.
$8,000
Generally, the act of referring a case to _____________ or arbitration does not affect the timeline for _______________ to discovery requests, such as interrogatories or requests for admission.
mediation; responding
In FL, a party has _______ days to respond to a pleading after it has been served.
This includes filing an _______ or presenting any ______________ the party wishes to make in response
20; answer; motion
In Florida, a motion for a directed verdict is appropriate when one party believes that the opposing party has ________ to present a prima facie case, or sufficient evidence to prove a particular point necessary for their claim.
This motion is typically made _______ the plaintiff has rested their case, and if successful, it can result in a verdict in favor of the _________ without the need for the ____________ to present their case.
failed; AFTER; defendant; defendant
A directed verdict may be granted if the opposing party fails to present sufficient evidence to support either _________, _____________, or both.
This __________ be the case in a bifurcated trial or punitive damages.
liabilities; damages; may not
Under the Florida Rules of Civil Procedure, when can a party voluntarily dismiss his or her case?
Any time before a hearing on motion for summary judgment,
OR
If none is served, before the case is submitted to the jury or to the court for decision.
Judicial bias is typically addressed through a motion to _________________ a judge rather than a motion to vacate a final judgment.
disqualify
Ethan, Fiona, and Grace were passengers in the same vehicle when it was struck by a SUV. All three were injured in the collision, and each filed a separate lawsuit against Henry, the SUV’s driver. Before the trial, Henry moved to consolidate the three cases into a single trial. Ethan agreed, but Fiona and Grace objected.
The court can _____________ the three cases if they involve a common __________________________________and consolidation would not deprive a party of a _______________ right.
consolidate; question of law or fact; substantive
In FL, arbitration is a more formal process where an arbitrator or panel of arbitrators, acting as a ____________________, hears evidence and arguments from both parties and issues a _____________ decision, known as an arbitration award.
The decision reached in arbitration is usually final and _______________________, similar to a court judgment.
private judge; binding; enforceable
In Florida, mediation is a _________________ process where a ________ third party, the mediator, facilitates communication and negotiation between the disputing parties to help them reach a ________________ agreement.
The mediator _______________ make a final decision or impose a resolution on the parties.
If an agreement is reached, it is binding only if the parties choose to formalize it in a separate _________________________________.
non-binding; neutral; voluntary; does not; settlement agreement
A motion for summary judgment can be made by ____________ in a case where it is contended that there is no ___________ issue of material fact to be resolved at trial, and that the party making the motion is entitled to _____________ as a matter of law.
The court can also decide on its own initiative to grant summary judgment in cases where it believes this standard is met.
any party; genuine; judgment
In a case where Tim’s bicycle was hit by Tom’s car, causing Tim serious personal injuries, Tim’s attorney asks for the jury to visit both the accident scene and the damaged bicycle. What should the judge’s decision be regarding this motion?
The judge _______________ the visit to both the accident scene and the bicycle.
may allow
Note = The judge may grant the motion to allow the jury to view both the scene of the accident and the bicycle if he/she believes it would help the jury better understand the evidence and does not unfairly prejudice either party.
In Florida, service of process on a CORPORATION may be accomplished through _________ service or service by ______________________ on the corporation’s registered agent or an officer such as the president. Service by ________ is generally not a recognized method of serving process on a corporation.
personal; certified mail; e-mail
In a Florida civil case, a party may seek to remove a case to federal court based on what grounds?
A case may be removed from state court to federal court if the federal court would have had original jurisdiction over the case.
Ex: (1) cases where there is diversity of citizenship between the parties (meaning the parties are from different states) and the amount in controversy exceeds $75,000;
OR
(2) where the case involves a federal question (a claim arising under federal law).
