General MC

Question 1

After a complaint is filed, when can a defendant file a motion for summary judgment?

Answer 1

Anytime after the complaint is filed.

Question 2

When is party required to serve opposing motions on the other party?

Answer 2

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.

Question 3

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?

Answer 3

D has 45 days to respond.

If they would have been served on a different day, D would have had 30 days to respond.

Question 4

Can a party seek production of documents without deposition from a non party?

Answer 4

Yes

Question 5

What happens if the non-party or opposing party objects to a production request made to a non-party?

Answer 5

Production may not occur under Rule 1.350 without a court order.

Question 6

When can discovery be initiated?

Answer 6

Anytime after the complaint is served.

Question 7

Can a nonparty be subpoenad to produce documents without a court order?

Answer 7

Yes if no one objects.

Question 8

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?

Answer 8

Yes under the due process clause.

Question 9

Is information about D’s insurance provider discoverable?

Answer 9

Yes

Question 10

Are statements made by D to insurance provider discoverable?

Answer 10

Generally Not

Question 11

Is suspension of a deposition authorized on the grounds of annoyance, embarrassment or oppression?

Answer 11

Yes

Question 12

Is suspension of a deposition authorized on the grounds of a few irrelevant questions?

Answer 12

No

Question 13

Is being excluded from a depo as a plaintiff grounds for objecting to the use of a depo?

Answer 13

Yes

Question 14

True or False: Failure to objective to unprofessional conduct at a depo results in a waiver of that claim?

Answer 14

True

Question 15

Is there a duty to supplement discovery answers once given?

Answer 15

No

Question 16

Can D’s join in one case if they have separate actions and are not family?

Answer 16

No

Question 17

Does the Supreme Court have jurisdiction over validity of bonds?

Answer 17

Yes

Question 18

Does Supreme Court have right to issue common law writs?

Answer 18

No

Question 19

Only the ____ court can certify questions to supreme court.

Answer 19

Court of Appeals

Question 20

Can the supreme court review circuit cts decision about the validity of a statute?

Answer 20

No unless certified by district COA

Question 21

Will an IN REM action fully adjudicate the interests of all persons in property?

Answer 21

Yes

Question 22

Will an IN REM proceeding result in the imposition of a personal obligation?

Answer 22

No that requires PJ

Question 23

True or False: IN REM - persons who have a record interest in property must receive notice of the proceeding by mail at their address

Answer 23

True

Question 24

A written deposition ___ subject to same provisions of oral deposition.

Answer 24

Is

Question 25

With a written depo, is there a right to obtain document production by subpoena?

Answer 25

Yes

Question 26

True or False: Depo of Witness cannot be used affirmatively unless the Witness is unavailable

Answer 26

True unless the depo was at another trial. Can still be used for impeachment.

Question 27

True or False: Non parties do not have to answer to ROGGs regardless of Subpoena?

Answer 27

True