Jurisdiction/Pleadings Flashcards
When is the payment for transfer of venue due?
Within 30 days of court order.
Who pays transfer of venue charges?
P if venue was improper.
Moving party if venue was proper.
When does the Motion for Forum NC have to be filed?
Within 60 days of service of process.
What is the nail and mail rule?
Failed service in a LL/T cases 2x within 6 hours of each other.
Nail the notice to the property. Mail the notice via first class mail to D's last known address.
When must a defendant respond to waiver of process?
20 days of receipt of waiver.
If a defendant agrees to waive service of process, when must they answer the complaint?
60 days from receipt of waiver.
How many days are added if a document is sent snail mail?
5 days to the requirement
When must P serve the complaint to D?
Within 120 days of filing the case.
When must D respond to the complaint?
20 days of being served if no motion.
If motion is filed, 10 days of motion being denied.
When must P reply to D’s answer to avoid affirmative defenses?
20 days of service of answer.
When must P respond to D’s counter claim?
Within 20 days of receiving answer.
What is P’s general right to amend?
One time before defendant serves answer.
What is D’s general right to amend?
1x within 20 days of serving the answer.
When does D have to respond to an amended pleading?
10 days of service.
When must a 3rd party defendant being interpleaded?
Within 20 days of serving answer.
How long does a party have to respond to Roggs?
30 days after service or 45 days if served with complaint
How many Roggs can be asked?
30
How many request for admission can be asked?
30
How long does a party have to respond to a request to produce?
30 days after service or 45 days if served with complaint
How long does a party have to answer request for admission?
30 days after service or 45 days if served with complaint
How long does a party have to agree or object to a medical exam?
30 days after service or 45 days if served with complaint
If there is accidental disclosure of confidential information, when can a party recall?
Party must recall within 10 days of the disclosure.
What are the rules to subpoena a non-party?
10 days notice or (if sent via snail mail 15) must be given before the individual is subpoened,
What must be done to depose a party before complaint is filed?
File a verified petition with the circuit court in county where D is and ask to perpetuate testimony.
What is a written interrog?
Written discovery questions.
What is a request to produce?
Request to the other party that they produce and permit inspection of documents, things, or information that is stored electronically.
What are admissions?
A request by one party to the other to make an admission of truth of matters, of application of law to facts, or of genuineness of documents.
True or False: An admission is deemed made unless the recipient denies or objects to the request or provides reasons why he can’t deny or admit within 40 days of receipt.
False - 30 days and 45 if it is served together with the complaint.
Does the jurisdictional amount include punitive damages and interest?
Yes when part of the cause of action.
Can attorney fees be considered part of the jurisdictional amount?
Yes if recovery is provided by contract or statute.
True or False: Aggregation of claims is permitted to meet jurisdictional amount in Class Actions.
True
How do you get jurisdiction in Rem?
Where the thing itself is located within the court’s jurisidiction.
How do you get personal jurisdiction?
1) Presence of the defendant in state when served
2) General Appearance
3) Consnet
4) Domicile of natural person in state of Florida
5) Incorporation of corp in Fl
6) Principal place of business in FL
7) Long arm statute.
What is quasi in rem?
Affects the interest of specified persons to a particular thing.
The thing itself is located within the court’s jurisdiction and minimum contacts in FL exist.
Court must have physical power over the property itself.
Jurisdiction in Circuit Court
1) Equity over 30k
2) Cases at law over 30k
3) Ejectment cases
4) Actions involving issues with title and boundaries
5) Appeals from County Court
Jurisdiction of County Court
1) Equity under 30k
2) Cases at law under 30k
3) Actions relating to LL/T
4) Marriage dissolution uncontested/simplified
5) HOA
6) Ordinance Violations
What is general jurisdiction?
Allows a court to hear any cause of action involving the defendant
What is specific jurisdiction?
Allows the court to hear only causes of action related to Defendant’s contact in the state.
May a single contact suffice for specific jurisdiction?
Yes
May a single contact suffice for general jurisdiciton?
No there needs to be sufficient contacts.
When can multi parties be added
By motion or sua sponte by court at anytime.
Office Hours of Registered Location
10-noon (M-F) not holidays
Can you get a depo before a case is filed?
Yes if you:
File a verified petition with the circuit county court in the county where D is and ask to perpetuate testimony.
What must be in a pleading?
1) Name of Court
2) Case #
3) Name of parties
4) Name/Address/Phone of Atty
5) Atty Bar # and Email
6) Title of Pleading
7) Each claim and defense stated separately
8) Paragraph numbers
9) Attach or state verbatim of any document that is the basis of claim or defense
10) Certified by at least 1 attorney or the PRO SE Party
What does the pleading certification attest to?
1) Person read the document
2) To the best of their knowledge it is not baseless or filed for delay
What are special damages?
A prevailing party can get attorney fees if losing party raised claims or defense not supported by law or fact.
What must be in a complaint?
1) Statement of PJ if suing non-resident
2) Statement of SMJ
3) Short and Plain Statement of Facts and Relief
4) Demand for judgment
5) Civil cover sheet must be filed with the clerk this is required to start proceedings.
What is required to start a proceeding?
The civil cover sheet must be filed with the clerk.
What must be plead with particularity?
1) Fraud
2) Punitive damages
3) Special Damages (tend not to flow from event)
True or False: Punitive damages must be plead separately and cannot be plead in the original complaint?
True - P must amend complaint to plead it.
What are the defenses waived if not raised in the first response?
1) PJ
2) Improper Venue
3) Insufficient Process
4) Insufficient Service of Process
What defense is never waived?
SMJ
What defenses can you raise through trial?
1) Failure to state a cause of action
2) Failure to join an indispensable party
Which affirmative defenses must be in answer?
SOL Comparative Neg. Assumption of Risk Res Judicata Lack of Legal Capacity
True or False: Until a responsive pleading is filed or default judgment entered, D can plead and defend the complaint late.
True
What is the rule regarding amending the pleading to add new defendant?
Can add within 90 days of filing if sued wrong party and P argues that real Def. had notice
True or False: There are no required disclosures in civil cases?
True
What is the purpose of a privilege log?
To carve out any privileged information or relationship that is going to be claimed.
What are your options if any party objects to a non-party being subpoenad?
1) Request information from Court
2) Subpoena Duces Tecum
True or False: You can only depose parties to the case.
False - you can depose non-parties too.
What can you use a depo for?
Impeachment
Any purpose if Deponent is adverse party
Any purpose if Deponent is ill/dead/100 miles from subpoena power
Do you need a court order to take deposition before case filed?
Yes
What is needed if P wants to depose less than 30 days after serving complaint?
Court order
show that
-D already took depo
-P shows person is not available for 30 days
Where do you depose P?
Location where case pending
Where do you depose D?
County of residency or work
Where do you depose non party?
County of residence unless agreed.
What is the rule regarding medical exam?
Must be reasonable in time, space, manner, scope and timing
Can a mobile home sue as an entity?
Yes
When can HOA sue under name of members?
If the members/owner have control of the association
Intervention
Party decides to come in
Impleader
Defendant brings someone in
Interpleader
Let the best man win - 3rd party submit property to be administered between P and D
What can you do if a discovery request is served that you have an objection to?
File a protective order
What is a partial failure of discovery?
When a party does not fully answer the question.
What sanction is awarded for partial failure of discovery?
Light sanction - can seek court order compelling answers and costs/fees
What is a total failure of discovery?
When a party willfully refuses to attend a depo or answer questions.
What is the sanction for total failure of discovery?
Heavier Sanctions
What are merit sanactions
Only imposed after a chance to be heard.
Court options:
1) Establish facts as true
2) Strike Pleading of Bad Party
3) Stay case until discovery done
4) Now allow evidence by bad party
5) Dismiss case - if deliberate
6) Contempt - not for medical
7) Enter judgment for the other party - if deliberate
When must demand for jury be made?
10 days after service of last pleading to jury
How many jurors for civil?
6
How many jurors for eminent domain?
12
How many for cause challanged
Unlimited
How many peremptory?
3 + 1 per alternate per p or d/ per party
Generally both sides get same amount - the greater amount
What is an elisory?
Civilian appointed to serve process
What is As Damnum?
A demand for damages
What is Pro Se?
Unrepresented party
What is rule NISI?
Order to show cause as to why court should not order something
What is Scire Facias?
Special order that provides why an order should not be revived.
Who do you serve when you serve the state?
1) local state attorney
2) state attorney’s assistant
3) attorney general
True or False: Non FL Resident can be sued anywhere.
True
When does an amendment relate back?
Conduct transaction or occurrence set forth in amended pleading was set forth or attempted to be in the pleading.
When does the amendment relating back matter?
When the SOL has run - the amendment that relate back relate back to date of original leading.
Does SOL bar amended pleading for new or distinct causes of action?
No
What is the jurisdiction of Circuit Court?
Probate Juvenile (not traffic) Title and Boundary issues RE Ejectment Equity over 30k Actions over 30k Can get LL Evictions over 30 Can get equity under 30k
What is the jurisdiction of county court?
Dispute of HOA
LL Evictions up to 30k
Actions at Law up to 30k
Equity up to 30k
True or False: It is permissible to ask about a party’s net worth to determine if suit is worth it.
False
Can you ask to see a party’s insurance?
Yes if it is tied to the case
If no special circumstances apply, when can P depose Defendant?
Must wait 30 days after service of initial pleadings.
What is required if a minor sues?
The initial pleading must have the minor’s age.
How old does someone have to be to receive substituted service?
15 and must live there
When can service by publication be used?
1) D is outside of FL
2) D is unknown
3) D cannot be found for personal service
Does a motion to strike pleading for immaterial or redundant or scandalous material toll time?
No
