Florida Civil Procedure -- Made by Others COPY Flashcards
1
Q
What are the 4 types of cases the Florida Supreme Court is required to hear appeals from? (Mandatory Appellate Review)
A
- District court decisions declaring a state statute or provision unconstitutional, 2. Judgments on bonds and certificates, 3. Review of statewide agency actions relating to rate or services of utilities, and 4. Death penalty decisions
2
Q
What discretionary appellate cases may the Florida Supreme Court review?
A
- Other district court of appeals decisions, 2. Trial court orders certified to be of great public importance, and 3. Questions of law certified by a federal court
3
Q
What are the different types of courts in Florida?
A
- Supreme Court of Florida 2.District Court of Appeals 3. Circuit Courts 4. County Courts
4
Q
In what type of cases do Circuit Courts and County Courts have concurrent jurisdiction?
(This card may be incorrect.)
A
- Equity cases and landlord cases up to $15,000 2. Cases involving the right to possess real property in excess of $15,000 (e.g. quite title cases)
5
Q
Without the long-arm statute, personal jurisdiction is generally established over:
A
- Florida residents who are domiciled in the state 2. Physical presence or consents to make a general appearance 3. Corporations who are incorporated or have their principal place of business in Florida 4. Those who engage in continuous and systematic activities in Florida
6
Q
What is the two-prong test to determine whether a non-resident is subject to jurisdiction in Florida?
A
- Long arm statute: minimum contacts (such as breaching a contract, committing a tort, conducting business, etc)
- Due process: cannot offend traditional notions of fair play and substantial justice
7
Q
Timing deadlines for settlement offers to P vs. D
A
- Offers to D must be served at least 90 days after service of process 2. Offers to P must be served at least 90 days after action commenced
8
Q
Requirements of the contents of settlement offers
A
- Must be in writing 2. Must identify applicable Florida law 3.Must include names of parties, 4. claims being resolved, 5. any relevant conditions, 6. total amount and non-monetary terms, 7. amount of punitive damages (if any) 8. attorney’s fees, and 9. certificate of service.
9
Q
How many days notice must an acceptance to a settlement offer be made?
A
30 days
10
Q
What party is liable for the legal costs and attorney’s fees from a settlement offer?
A
If D makes good faith offer but P rejects, then D is entitled to reasonable costs if judgment is no liability (wins) or at least 25% less than the offer. If P makes good faith offer but D rejects, then P is entitled to reasonable costs if judgement is at least 25% greater than the offer
11
Q
What is a deposition?
A
A deposition is a discovery device by which a party may require another person–either a party or a non-party to answer questions under oath.
12
Q
What is a compulsory counterclaim?
A
A compulsory counterclaim is a claim against an opposing party that arises out of the same transaction or occurrence that does not require additional parties outside the court’s jurisdiction.
13
Q
A claim that would otherwise be considered a compulsory claim, is not if: (2 instances)
A
- If, at the time the claim is made, it is already in litigation elsewhere 2. the opposing party is in rem and the D is not asserting any other counterclaim
14
Q
Mandatory Jdx of FLSC (4 types of cases)
A
FLSC has mandatory appellate jdx over: 1. capital cases - final judgments of trial courts imposing the death penalty 2. constitutional questions - decisions of district courts of appeal declaring invalid a state statute or provision of the state constitution 3. bond validations - final judgments entered in the proceedings for the validation of binds or certificates of indebtedness, AND 4. public utility cases - actions of statewide agencies relating to rates or services of utility providing electric, gas, or telephone services.
15
Q
FLSC has discretion to review decisions of district courts of appeal that:
A
- declare a statute invalid 2. construe a provision of the state or federal constitution 3. affect a class of constitutional or state officers 4. conflict with the decision of another DCOA or of the FLSC on the same question of law 5. pass upon a question certified by the DC to be of great public importance, OR 6. are certified by the DCOA to be in direct conflict with a decision of another DCOA
16
Q
FLSC has discretion to review order of trial courts certified by the DCOA to require immediate resolution by FLSC and to:
A
- be of great public importance OR 2. have a great effect on the proper administration of justice through the state
17
Q
FLSC ALSO has discretion to review:
A
questions of law certified by SCOTUS or a US COA that are determinative of the cause for for which there is NO controlling precedent by FLSC
18
Q
FLSC has original jdx over:
A
- writs of prohibition to other courts, directing them to cease an act 2. writs of mandamus 3. writs of habeas corpus 4. writs of quo warranto to state officers and state agencies 5. all writs necessary to complete exercise of its jdx
19
Q
How many districts in FL?
A
The Florida court system is comprised of the Supreme Court, 5 district courts of appeal, 20 circuit courts and 67 county courts.
20
Q
District Courts of Appeal may hear:
A
- all matters that are not directly appealable to FLSC or to a circuit court 2. administrative decisions 3. writs 4. county court orders (that are FINAL)
21
Q
Circuit Courts
A
20 circuits General jdx, can hear all kinds of cases
22
Q
$15k threshold
A
Needed to get into CIRCUIT court. Below, stay in county court Need MORE than $15k. So $15k and a penny.
23
Q
Can you aggregate claims to meet the $15k requirement?
A
NOT IF THEY ARE UNRELATED
24
Q
When can you combine claims to confer jdx in the circuit court?
A
- if all the claims are RELATED - coming out of the same transaction or occurrence 2. if at least ONE of the actions is over $15, can add other claims 3. A counterclaim over $15k allows a case to go to circuit court
25
Can the parties waive SMJ?
Never
26
When can you challenge SMJ?
Any time. Just like federal.
27
When can the state exercise PJ over the ∆?
TEST: 1. if jdx is authorized by Florida law AND 2. the Florida law is constitutional
28
Jdx authorized by Florida law:
1. residence or business location 2. long-arm jdx
29
Residence of Business location (for PJ) ∆s will be subject to FL jdx by reason of:
1. residence in FL 2. Consent 3. Corporate incorporate or registration in FL
30
Long-Arm jdx (PJ)
PJ over a NONRESIDENT, if the ∆ has the contacts with the state described in the statute. Includes Specific jdx and General jdx
31
Specific Jdx (PJ - long-arm)
Exists when the ∆ establishes contacts with the state AND the lawsuit arises from those contacts Here, can only have PJ arising from those specific contacts
32
General jdx (PJ - long-arm)
Arises when the ∆ engages in continuous and systematic business in FL. Has to be HUGE amounts of business, and is pretty rare. Here, ANY claim, regardless of whether it arose from the ∆'s business in the state.
33
To establish jdx, a party need only plead:
that the ∆ committed the actions set forth in the statute
34
Service of process begins with:
the issuance of a summons by the Clerk
35
Subpoenas are for non-parties True of false?
TRUE.
36
Who can make service?
1. A sheriff 2. Someone appointed by the court, so long as the person is over 18 (18 and one second old, doesn't have to be 19), who is not otherwise interested in the lawsuit.
37
Can a π personally serve the ∆?
NOPE. Person has to be UNINTERESTED
38
Methods of service
Personal service Substituted Service Constructive service (service by publication) Service by mail
39
Personal service
Deliver service to the person. The person can be anywhere
40
Substituted service
Where you can't find the person, so you leave service at: 1. their place of residence or employment, 2. leave it with someone there who is at LEAST 15 yrs old, AND 3. you tell them what you're giving them. You have to try to actually serve the party
41
Constructive service (service by publication)
Can be used when ∆ can't be found. Have to make sworn statement that you made a diligent search and inquiry.
42
Service by mail
A party may be served by mail upon their CONSENT. In their interest to do so - bc will get 60 days to respond to the complaint, instead of 20
43
Timing of service
Must be made within 120 days of filing the complaint. Court can extend time upon good cause shown
44
Service on Incompetents
When an incompetent is a ∆ in a case, service must be made on their legal guardian, if they have a legal guardian.
45
In FL, may a party make a "special appearance" to challenge PJ? (an appearance made for a specific purpose, also called a limited appearance)
NOOOO. If you try to make a special appearance to challenge the court's PJ over you instead of filing a responsive pleading, congratulations, you have just waived PJ.
46
When can you transfer venue?
ONLY if venue is initially proper. And if: 1. a party cannot receive a fair trial in the current court 2. for the convenience of the parties or witnesses 3. OR in the interests of justice objection based on forum non conveniens is the same criteria.
47
Can you consent to venue?
YES. Venue may be agreed upon or waived by K
48
Where is venue proper - actions against FOREIGN corporations
Should be sued where the corporation has an agent or other representative
49
Where is venue proper - actions against DOMESTIC corporations
Where the corporation has, or usually keep, an office (or store)
50
Where is venue proper if there are multiple causes of action?
Venue is proper in any county where any cause of action arose
51
Where is venue proper if there are multiple ∆s?
Venue is proper in a county where ANY ∆ resides
52
Where is venue proper - actions against ∆s who are Florida residents
1. where the ∆ resides 2. where the cause of action accrued 3. OR where the property is located (if a suit about property)
53
Venue
refers to the physical location of a lawsuit WITHIN Florida
54
Where is venue proper for ∆'s who are NOT residents of FL?
1. where the cause of action accrued 2. where SERVICE is made 3. where the property is located (if property is involved)
55
For actions involving property, venue proper where?
ONLY IN THE COUNTY WHERE THE PROPERTY SITS.
56
Exceptions to the "short and plain statement" rule Special pleadings
1. fraud or mistake 2. conditions precedent (the DENIAL must be made specifically, but may be alleged generally) 3. incapacity 4. special damages (like pain and suffering) 5. supporting document (must attach the doc) Also - statements as to the time and place of an action
57
A complaint must include:
1. a short plain statement of the grounds for jdx (PJ and SMJ) 2. short plain statement of the ultimate facts, showing the pleader is entitled to relief 3. demand for judgment and relief sought
58
An answer must:
either admit, deny, or respond without knowledge to the allegations of the pleading to which it responds
59
If you state in an answer that you're without knowledge:
it's an implied denial
60
If you fail to deny or allege insufficient knowledge in your answer:
it's an admission. Except to damages
61
Defenses alleged in an answer
Have to include affirmative defenses in the answer, otherwise they are waived. Must be stated plainly and concisely, and must meet the substance of the allegations and denials.
62
Timing of the answer
Have to file answer within 20 days of receiving service of process. UNLESS - served by mail, then you get 60 days.
63
Compulsory counterclaim
one that arises out of the same T/O as one of the π's claims. It MUST be brought, or else you forfeit it
64
Permissive counterclaim
one that does NOT arise out of the same T/O as one of the π's claims. Do NOT have to bring it to avoid forfeiture
65
In Florida, all cross-claims are:
PERMISSIVE
66
Reply
A π's response to what the ∆ has filed.
67
Are replies required?
NO - not unless the answer or third-party answer contains an affirmative defense that the π seeks to avoid.
68
Timing of a reply
20 days of the ∆'s filing
69
The filing of a motion to dismiss suspends the time to file an answer until the resolution of the motion. T or F?
TRUE
70
Standard of review for a motion to dismiss:
Must be denied UNLESS it appears beyond doubt that the π can prove no set of facts in support of his claim which would entitle him to relief
71
Upon mtn to dismiss for failure to state a cause of action, the court MUST:
Construe the complaint in the light most favorable to the π and assume everything the π says is true
72
If mtn to dismiss is granted, the court will usually allow the π to:
amend the complaint, either by filing a new and different complaint, or by simply tacking on a modified claim
73
Defenses waived if not raised in the Answer, or Pre-answer motion:
PJ Improper venue bad service of process bad process
74
Bad process
when the process itself is insufficient (the rules are bad, violate Due Process)
75
Discretionary defenses, that you don't lose if you fail to plead them at the outset
Failure to state a cause of action Failure to join an indispensable party AND An objection of failure to state a legal defense
76
Mtn for Judgment on the Pleadings
It's made after the pleadings and all the mtns related to the pleadings are CLOSED, but within such time not to delay the trial. Claims that based solely on the pleadings, the party is entitled to judgment as a matter of law But like a mtn to dismiss for failure to state a claim
77
Motion for a more definite statement
A way ∆ can respond to the pleading, if it's so vague and ambiguous that the ∆ can't even respond to it
78
Mtn to Strike
Can move to strike from any pleading any redundant, scandalous, immaterial, or impertinent material Does NOT toll the time to answer
79
Can you make a verified motion to strike a sham pleading any time before the cause is set for trial?
YEP
80
Third-Party Complaint (Impleader)
Allows a ∆ to bring another ∆ into the lawsuit, but ONLY IF the new ∆ is liable for some or all of the original ∆'s liability (get involved, share the load) Cause of Action must be for: 1. contribution or indemnity Contribution - between joint tortfeasors; Indemnity - insurers
81
A third party ∆ may assert any defense it has against the original ∆. T or F
TRUE Third-party ∆ may also assert claims against the original π, and gets the benefit of any defenses the original ∆ asserted
82
Intervention
Where a non-party enters on his/her own accord
83
In order to intervene, the non-party must be in a position that:
they will gain or lose by the effect of judgment. The suit will have to impact them in some way
84
An intervenor has the status of a party, BUT:
They are subordinate to the main action, and he takes the action as he finds it
85
Interpleader
Someone who's stuck in the middle Where a stakeholder, stuck between two competing interests, can have the court determine the stakeholder's obligation. Like for life insurance policies.
86
The order of Interpleader will require the stakeholder to:
Deposit the fund or property with the court, and the stakeholder will be dismissed as a party AND get reasonable attorney's fees.
87
How many times can you amend a pleading?
ONCE as a matter of course (before a responsive pleading is filed or the 20 day mark). If you want to amend AGAIN (or outside the time limit) then you need to petition the court to do so
88
Timing for amending a pleading
Before a responsive pleading is filed. OR if no responsive pleading is required - within 2 days of service of the pleading.
89
Do you have to serve every paper filed in an action on every party to the action?
YES. Unless the court orders otherwise
90
No service need be made on parties against whom a default has been entered, EXCEPT:
1. an action for a final hearing 2. a copy of the final judgment 3. an amended complaint
91
If a pleading has been amended, how long do you have to respond to it?
10 days
92
How to count timing for things?
Start counting the day AFTER the trigger date. If served on March 1, and have 20 days to file answer, March 2 would be day one of twenty.
93
If the amount of time is 7 days or more:
You count Saturdays, Sundays, and holidays. If it lands on one of these^^ then time period will end on next business day
94
If the amount of time is less than 7 days (6 or less)
Then you do NOT count Saturdays, Sundays, or holidays
95
Do allegations of malice need to be stated BEYOND a short and plain statement of the facts?
NOPE. Don't need to go into super detail with malice.
96
When considering a motion to dismiss, the court will look at:
Just the pleadings
97
Minors and incompetents must sue and be sued:
only through a guardian or a fiduciary
98
If the minor or incompetent has no guardian:
May sue through a next of kin, OR a guardian ad litem
99
Does FL have a liberal party-joinder policy?
YES. A party may be added if the presence of the party is necessary or proper to evaluate or determine the COA
100
When parties or actions are misjoined, is the case dismissed?
NOPE - either the claims are severed, or one of the wrongly-joined parties is droped
101
Compulsory joinder for:
Indispensable parties. HAVE to join them
102
An indispensable party is:
A person who has an interest in the outcome of the litigation, and unless joined in the litigation, will have his/her interests compromised
103
If an indispensable party is NOT joined:
the suit may be dismissed
104
What to look for to determine if you have a class?
Numerosity Commonality Typicality Adequacy
105
Numerosity
need lots of people for a class
106
Commonality
lots of people needs to be similarly situated
107
Typicality
claims of the leader of the class need to be typical of the claims of the entire class
108
Adequacy
the leader of the class needs to be a smart, and upstanding person who is not going to tank the class (bc they act on behalf of the entire class)
109
Once a class has been certified:
the case may NOT be dismissed, withdrawn, or compromised without court approval
110
Can you sue a gang?
NO. They're unincorporated, therefore cannot be sued. They also don't fall within the exception to unincorporated associations that CAN be sued.
111
Unincorporated associations that CAN be sued
1. labor unions 2. fraternal benefit societies that issue insurance benefits 3. condo and mobile home associations Typically, you can't sue an unincorporated association (or be sued as an unincorporated association)
112
Scope of discovery
any non-privileged matter deemed to be relevant to the subject matter of the case
113
Do matters sought in discovery need to be admissible?
No, as long as they will likely lead to admissible evidence
114
Work product
documents, and other tangible things, prepared in anticipated of litigation
115
Factual work product
Documents and other tangible things relating factual information pertaining to the client's case. Generally, NOT discoverable, but exceptions apply.
116
Opinion work product
Attorney's mental impressions relating to a client's case. NEVER discoverable
117
Factual work product may only be discovered upon a showing of:
1. substantial need (like a smoking gun) 2. that you can't get without undue hardship. Need BOTH
118
Work product that a party intends to use at trial for impeachment purposes or otherwise:
NOT subject to the work-product protection
119
Can you depose anyone?
Yeah - any party may depose any PERSON (could be non-party) by giving all parties notice of the time and place and opportunity to attend
120
Do you have to tell people if the deposition will be videotaped?
Yeah, it has to be in the notice of depo
121
Notice of deposition
Reasonable notice of a depo MUST be given to all parties
122
Notice requirement for depo - parties
Only need notice - don't have to file something with the court
123
Notice requirement for depo - non-parties
To compel a non-party's presence at a depo, need to be served with a subpoena
124
Subpoena duces tecum
A request for documents for inspection or copying. A non-party is allowed 30 days to assemble the docs
125
For an oral deposition - A witness may review the transcript and modify the form or substance of their testimony. True or False?
TRUE. Like, if the stenographer got it wrong.
126
Objections that MUST be raised at a depo, or they're waived
Defects in the notice of the depo Defects in the qualifications of the court reporter Any error or irregularity in the manner of taking the depo
127
Depositions immediately after commencement
The π must obtain leave of court to take a depo within 30 days of service of process of the initial pleading on a party
128
Depositions prior to commencement
A depo MAY be taken before an action is filed if the court is satisfied that the testimony may prevent a failure or delay of justice (like the deponent is close to death, and they were the only witness to the incident)
129
A deponent may only be properly advised NOT to answer a question in these three circumstances:
1. to preserve a privilege 2. the scope of the deposition (if it's too broad, not relevant) 3. a witness may move to terminate or limit the depo if it's being conducted in bad faith
130
Depo transcripts can be used for 3 specific reasons:
1. to proffer testimony 2. to impeach 3. to refresh memory
131
A depo transcript can be used as substantive evidence in a trial IF:
1. the deponent was an adverse party or expert, OR 2. the deponent is unavailable bc they are: dead or ill, or old or can't travel, more than 100 miles from courthouse, they're outside of FL
132
If only part of a depo is offered by a party, any adverse party may compel:
the introduction of any other part of the depo that should be considered in fairness
133
Interrogatories are written questions served by:
ONE PARTY TO ANOTHER. Can be served on non-adverse parties (someone on the same side of the v as you are), but they are JUST FOR PARTIES.
134
Interrogatories are limited to:
30 questions, including all subparts. Can get more for good cause
135
Interrogatories - objections
Have to state objections in response, otherwise will be waived.
136
In lieu of providing an answer to an interrogatory, the answering party may:
produce documents containing the answers
137
The party producing documents may:
1. produce them as they are kept in the regular course of business, OR 2. organize them to correspond with the request
138
Four ways you get Discovery
Depositions Interrogatories Requests for Production Requests for Admissions
139
Possible responses to a request for admissions:
Admit, Deny, Explain why you can't admit or deny Object with the basis of the objection
140
Requests for Admission limited to:
30 questions (requests) including all subparts
141
If a request for admission is not responded to?
It's deemed "admitted" at trial
142
A party may request that any other party submit to an examination by a qualified expert when:
the physical or mental condition of the party is in controvery
143
Do examinations of persons require leave of court?
Mental examinations DO require leave of court. Physical examinations do NOT.
144
Before filing a motion to compel discovery, there's a duty to:
attempt, in good faith, to resolve the dispute
145
Mtn to Compel Discovery is appropriate when:
A party fils to provide discovery, OR when the party does respond to requests, but the answers are evasive or incomplete.
146
Can you compel a party to bring documents to a deposition?
YES. Do it through a request for production
147
An action may be dismissed by the π WITHOUT order of the court before trial by:
serving a notice of dismissal
148
An action may be dismissed by the π WITHOUT order of the court during trial by:
stating on the record (that you're dismissing)
149
An action may be dismissed by the π WITHOUT order of the court at any time by:
filing a stipulation of dismissal.
150
An action may NOT be dismissed without order of the court:
1. once a hearing for SJ has begun 2. if a counterclaim is pending against the party wishing to dismiss 3. if the action has been submitted to the fact-finder (judge or jury) for final determination
151
A voluntary dismissal is deemed to be:
a dismissal WITHOUT prejudice. Unless it's not the first time dismissing. Only get ONE dismissal without prejudice.
152
Involuntary dismissal - a party may move for dismissal of an action or claim due to:
1. Failure to prosecute 2. Failure to comply
153
Requirement - Failure to prosecute
No record of activity for 10 months
154
Requirement - Failure to comply
Court tells you to do something, and you don't do it.
155
An involuntary dismissal is deemed to be:
WITH prejudice
156
If NO documents have been filed in a case, who may enter default judgment?
The clerk
157
If documents HAVE been filed in a case, and you file for default judgment:
The judge must respond to a motion for default
158
Mtn to Set Aside Default Judgment - when successful?
A DJ may be set aside if the ∆ shows good cause for the default, AND a meritorious defense.
159
Standard for Summary Judgment
Motion for SJ will be granted where: 1. No genuine issue of material fact 2. AND the moving party is entitled to judgment as a matter of law
160
In evaluating a Mtn for SJ, the court will look at:
1. The mtn itself 2. supporting materials 3. Affidavits 4. Pleadings (looking at whether there's a genuine issue material facts - have to look at the pleadings to determine what the facts are) 5. other SJ evidence, such as depos
161
Affidavits, in a Mtn for SJ
Must be based on personal knowledge, AND a party cannot file an affidavit that changes depo testimony.
162
Timing for Mtn for SJ - service
Must be served at least 20 days before the hearing on it.
163
Notice for Trial
Any party may serve notice that an action is ready for trial within 20 days after service of the LAST pelading, or any time after motions directed to the pleadings have been decided.
164
Demand for a Trial by Jury must be made:
1. in writing 2. no later than 10 days after service of the last pleading directed to such issue
165
Once demanded, a jury trial may NOT be waived unless:
there is consent from the other party
166
For cause challenges
any party may remove a juror for cause upon a motion to the court
167
Preemptory challenges
You get 3. Without cause. But can't be based on discrimination (race or gender)
168
Are jurors allowed to take notes during the trial?
Yep. And they can submit questions to the court for witnesses.
169
Mtn for a Directed Verdict - timing
Made at the end of the π's case, but before the ∆'s case
170
Mtn for a Directed Verdict - standard
Based on π's evidence, could a reasonable jury find in π's favor? If not, then no point to continue the trial, we'll end the whole thing now. Court will assume all of π's witnesses are telling the truth
171
Mtn to Set aside the Verdict and Mtn for Judgment in Accordance with Mtn for Directed Verdict - condition? and timing?
Post-trial motion Same thing, basically. To make this motion, you HAVE to had made a Mtn for Directed Verdict or similar motion at trial. If you didn't can't make this motion after trial. Timing - within 15 days of the return of the verdict OR discharge of the jury, if no verdict was reached
172
Mtn for New Trial or Rehearing
May be granted to all or any parties on all or part of the issues litigated at trial. Timing - within 15 days of verdict, or discharge of the jury if no verdict. Post-trial motion
173
Mtn for Relief from Judgment
An attempt to invoke the court's jdx after the case is OVER. A court may set aside judgment for: 1. clerical mistakes (can be made sua sponte) 2. other mistakes, and newly discovered evidence 3. judgment that is void, satisfied, released, or discharged
174
Are courts more likely to grant a motion for additur (to increase the award) or a motion for remittur (to decrease the reward)?
Florida courts are more likely to grant a mtn for REMITTUR. They hardly ever grant mtns for additur.
175
If a judge finds out that the jurors decided the case by flipping a coin:
the judge MUST grant a new trial
176
Interlocutory Orders - can you get reviewed before final judgment?
Generally, NO. In general, IOs (or order made during the trial) cannot be reviewed before final jdugment An order that does not end a case
177
Types of Interlocutory Orders that CAN be appealed immediately:
Order involving venue Order relating to the certification of a class Order granting or denying an injunction
178
Petition for Certiorari
allows the appellate court to review the trial court's ruling when there is no direct right of appeal
179
Certiorari
A common law writ that gives appellate courts supervisory power over lower courts. ONLY available in the ABSENCE of direct appellate remedy.
180
A Mtn to Disqualify just:
be in writing and verified (notarized)
181
The judge against whom an initial Mtn to Disqualify is filed is ONLY permitted to rule on:
the legal sufficiency of the mtn and may NOT rule on the facts alleged
182
For a legally sufficient mtn (Mtn to Disqualify), the judge SHALL:
immediately enter an order granting disqualification and do nothing else (proceed no further in the action)
183
After Mtn for Disqualification, a successor judge may:
Reconsider the factual or legal rulings of a prior-disqualified judge. ^^can do this on a MOTION for reconsideration. Need a motion.
184
Signature requirement for pleadings The signature certifies that:
1. the atty has read the document 2. to the best of the atty's knowledge, the info in the doc is supported by good facts and law 3. the doc's purpose is NOT to delay the proceedings 4. AND the doc contains no confidential or sensitive info or that any such confidential or sensitive info has been properly protected
185
Signature requirement for pleadings
EVERY pleading and OTHER PAPER of a party represented by an atty MUST be signed by at least one atty of record
186
An atty's appearance for a party in a proceeding shall only terminate: (3 circumstances)
1. by order of court, upon a mtn and hearing 2. by order of court, upon substitution of counsel 3. AUTOMATICALLY, upon termination of proceeding AND al time for post-trial motions. When nothing else can be done in a case, including an appeal
187
Public Access to Judicial Records - general rule
They're open to the public
188
Public Access to Judicial Records - exceptions
1. records related to judicial decision making (judge's own notes) 2. records that relate to court adminstration
189
Is a second-cousin relationship between a judge and one of the parties to a case enough to disqualify the judge?
Not on those grounds alone. Need something else.
190
Grounds for disqualification of a judge:
1. judge's specific prejudice or bias 2. the judge or a close relation being a party to or interested in the case 3. the judge being a close relation to an attorney of record in the cause 4. OR the presiding judge being a material witness
191
