Florida Civil Procedure Flashcards
Rules for computing time on a calendar (5):
- Don’t count the first day
- Do count the last day, unless it is a Sat., Sun., or legal holiday
- When time period is less than 7 days, don’t count Sats., Suns., or legal holidays.
- When the time period is 7 days or longer, do count Sats., Suns., and holidays (unless they are the last day)
- If service made by mail or email, add 5 days to the time limit.
What are 7 time periods a court cannot enlarged:
- Motion for belated directed verdict;
- Motion for new trial or rehearing;
- Sua sponte grant of new trial;
- Motion for amendment of judgment;
- Motion for relief from judgment;
- Notice of appeal; or
- Petition for certiorari.
When does a legal action begin?
When the complaint is filed.
How many days does P have to serve summons and a copy of the complaint on the D?
Can the time period be extended?
120 days. If not able to render service after 120 days, summons is no longer valid.
Yes - for good cause or excusable neglect.
Sunday service of process?
No, unless person to be served is evading service.
What is an alias summons?
What is a pluries summons?
Trial court has discretion to issue a 2nd summons called an alias summons.
Any summons after the alias is called a pluries summons.
Service may be effected by any of the following people:
- the sheriff;
- a special process server appointed by the sheriff, or
- an “elisor”: any person appointed by the court who is over the age of 18, and has no interest in the outcome of the case.
How can service be made on an indiv. adult?
- Personal Delivery
- By delivery to the person’s “usual place of abode,” to any person who (i) resides at the abode (ii) is at least 15 years old, and (iii) is made aware of the contents of the delivery.
- Substitute service on spouse
- Service by mail (waiver of service)
What is required for substitute service on spouse?
By deliver to the spouse of the person to be served, at any place in the county where the person resides . . . if:
1. COA not an adversary proceeding btw spouses;
2. Spouse requests such service; and
3. Spouse + person to be served reside together in the same dwelling.
EXCEPTION: you cannot force service upon a spouse at her workplace.
What is required for service by mail?
Person being initial service of process can waive formal service, and accept service by mail.
MUST be sent by: certified mail, return receipt requested. Not just “first class” mail.
Why would someone waive formal service + accept service by mail?
Get 60 days to respond to complaint instead of 20;
Person served by formal service must pay for P’s costs of making personal service;
What method of service is not allowed?
Service by email, fax, text, etc.
EXCEPTION - service by email or e-portal required for service of all documents after initial service of process.
How can a landlord effect service on a tenant in an action for possession?
By “nail and mail” - leaving a copy of the service @ the premises.
ONLY for landlord/tenant disputes; cannot be used in a foreclosure action!
What is required for “nail and mail” service?
- The tenant cannot be found in the county + there is no suitable person to accept service at the abode;
- P has made 2 attempts to serve process, at least 6 hours apart;
- P attached a copy of the summons + complaint to a conspicuous place on the property; and
- The clerk mailed a copy of the summons + complaint by first-class mail to the D at the premises.
Service on a corp.:
Service can be made upon indiv. in the following order of preference:
- Agent designated for service of process;
- President, VP, or other head of the corp.;
- Cashier, treasurer, secretary, or general manager;
- Any director;
- Any officer or business agent who is a Florida resident.
*IF the foreign corp. has none of the above persons in Florida, process may be served on any agent transacting business w/in the sate.
Service on a partnership:
Service may be made to any partner, or an employee designated to accept service.
Due process issues w/ service on a partnership:
If you serve only 1 partner, can only execute your judgment against the partnership + the indiv. partner who was served.
If you serve an employee, you have obtained juris. over the partnership only, cannot execute judgment against indiv. partners.
If you want joint + several liability for all partners, you must serve all partners.
When is service complete -
Service by mail
Hand Delivery
By fax
By e-mail or e-portal
Service by mail = when mailed.
Hand delivery = when delivered.
By fax = when transmission is complete. Deadline for faxes is 5:00 p.m. and must be followed by another form of delivery.
By e-mail or e-portal = on the date sent or electronically filed.
