General MC Flashcards
After a complaint is filed, when can a defendant file a motion for summary judgment?
Anytime after the complaint is filed.
When is party required to serve opposing motions on the other party?
No later than 5:00 pm two business days before the hearing if personally delivered to the movant’s attorney.
If the delivery is mailed, 5 days is required.
If a set of ROGGs is delivered to the D on the same day but not at the same time as the complaint, when does D need to repsond?
D has 45 days to respond.
If they would have been served on a different day, D would have had 30 days to respond.
Can a party seek production of documents without deposition from a non party?
Yes
What happens if the non-party or opposing party objects to a production request made to a non-party?
Production may not occur under Rule 1.350 without a court order.
When can discovery be initiated?
Anytime after the complaint is served.
Can a nonparty be subpoenad to produce documents without a court order?
Yes if no one objects.
If a foreign corp is sued for a compenent part that is added to a larger product, do they have a strong claim that jurisdiction is unreasonable?
Yes under the due process clause.
Is information about D’s insurance provider discoverable?
Yes
Are statements made by D to insurance provider discoverable?
Generally Not
Is suspension of a deposition authorized on the grounds of annoyance, embarrassment or oppression?
Yes
Is suspension of a deposition authorized on the grounds of a few irrelevant questions?
No
Is being excluded from a depo as a plaintiff grounds for objecting to the use of a depo?
Yes
True or False: Failure to objective to unprofessional conduct at a depo results in a waiver of that claim?
True
Is there a duty to supplement discovery answers once given?
No
Can D’s join in one case if they have separate actions and are not family?
No
Does the Supreme Court have jurisdiction over validity of bonds?
Yes
Does Supreme Court have right to issue common law writs?
No
Only the ____ court can certify questions to supreme court.
Court of Appeals
Can the supreme court review circuit cts decision about the validity of a statute?
No unless certified by district COA
Will an IN REM action fully adjudicate the interests of all persons in property?
Yes
Will an IN REM proceeding result in the imposition of a personal obligation?
No that requires PJ
True or False: IN REM - persons who have a record interest in property must receive notice of the proceeding by mail at their address
True
A written deposition ___ subject to same provisions of oral deposition.
Is
With a written depo, is there a right to obtain document production by subpoena?
Yes
True or False: Depo of Witness cannot be used affirmatively unless the Witness is unavailable
True unless the depo was at another trial. Can still be used for impeachment.
True or False: Non parties do not have to answer to ROGGs regardless of Subpoena?
True
