Kahoots 04/08/2025

Question 1

Which of the following is REQUIRED to set aside a default?
a. due diligence
b. excusable neglect
c. meritorious defense
d. all of the above

Answer 1

d. all of the above

Question 2

How much advance notice is required for a deposition?
a. 14 days
b. 10 days
c. Rule 1.310 only requires “reasonable notice”
d. 7 days

Answer 2

c. Rule 1.310 only requires “reasonable notice”

Question 3

How can your client accept a Rule 1.442 proposal for settlement?
a. By telephone
b. by letter to opposing counsel confirming acceptance of the proposal
c. by written notice of acceptance 30 days after service of the proposal
d. none of the above

Answer 3

c. by written notice of acceptance 30 days after service of the proposal

Question 4

Who is required to attend mediation on behalf of an insured corporate defendant?
a. the CEO of the client
b. the president of the client
c. an insurance adjuster with full authority to settle
d. none of the above

Answer 4

c. an insurance adjuster with full authority to settle

Question 5

What is the deadline for filing affidavits in opposition to a Rule 1.530 motion for new trial?
a. 10 days after service of the motion for new trial
b. up to 20 days after service of the motion, upon good cause & court order
c. 30 days after service of the motion for new trial
d. both a and b

Answer 5

d. both a and b

Question 6

Who may attend the deposition of a minor child?
a. the child’s parent
b. the child’s legal guardian
c. the child’s lawyer
d. all of the above

Answer 6

d. all of the above

Question 7

How many days after service of process does a NON government defendant have to serve a responsive pleading or motion?
a. 20 days
b. 60 days
c. 45 days
d. 30 days

Answer 7

a. 20 days

Question 8

How soon MUST a defendant serve a responsive pleading following an order denying a motion to dismiss?
a. 10 days
b. 20 days
c. whatever time is fixed by the court in the order denying the motion
d. either a or c

Answer 8

d. either a or c

Question 9

Which of the following is an appropriate remedy for claims by or against misjoined parties?
a. dismissal
b. severance
c. abatement
d. an order striking the misjoined parties

Answer 9

b. severance

Question 10

What is the maximum number of requests for admission that can be served without obtaining leave of court?
a. 100
b. 50
c. 60
d. 30

Answer 10

d. 30

Question 11

Which of the following is TRUE regarding a motion seeking relief from the court?
a. The motion must be made in writing unless made during a hearing or trial
b. the motion must state with particularity the grounds for it
c. the motion must set forth the relief or order sought
d. all of the above

Answer 11

d. all of the above

Question 12

What constitutes excusable neglect for an extension of time?
a. A breakdown of the tickler and calendar systems in an attorney’s office
b. secretarial or clerical error
c. “I forgot”
d. both a and b

Answer 12

d. both a and b

Question 13

True or False
The plaintiff has 120 days after commencement of an action to serve the summons and complaint

Answer 13

True

Question 14

True or False
A party has 30 days after discovery of inadvertent disclosure to serve written notice of the assertion of privilege.

Answer 14

False. It has 10 days.

Question 15

True or False
To set aside a default, you can establish the existence of a meritorious defense by argument at a hearing on the motion.

Answer 15

False.

Question 16

True or False
A party MUST file a motion for substitution within 120 days after the death is suggested upon the record.

Answer 16

False

Question 17

True or False
Convenience of the lawyers is a factor to be considered by the court in ruling on a motion to consolidate.

Answer 17

False

Question 18

True or False
A court MUST consider unnecessary costs and delays when ruling on a motion to consolidate.

Answer 18

True

Question 19

True or False
A motion for continuance based on witness unavailability MUST indicate when the witness will be available.

Answer 19

True

Question 20

True or False
In ruling on a motion to consolidate, the court MUST consider whether the litigation will be accelerated

Answer 20

True

Question 21

True or False
A motion for continuance MUST state the grounds for the continuance.

Answer 21

True

Question 22

True or False
A motion for continuance MUST be made no later than the pretrial conference.

Answer 22

False

Question 23

A Rule 1.442 PFS MUST be served on the opposing party AND contemporaneously filed with the court

Answer 23

False

Question 24

True or False
An expert witness MUST provide you with her college transcripts if requested in discovery.

Answer 24

False

Question 25

True or False A party is REQUIRED to file information obtained through discovery with the court no later than 30 days before trial.

Answer 25

False

Question 26

True or False Service of pleadings via email is complete upon confirmation of service by a Microsoft Outlook delivery receipt.

Answer 26

False

Question 27

True or False The Florida Bar Number of all counsel of record is REQUIRED in the body of an email serving pleadings by email.

Answer 27

False

Question 28

True or False A case can be referred to mediation ONLY after all discovery has been completed.

Answer 28

False

Question 29

True or False A motion to strike sham pleadings MUST be verified.

Answer 29

True

Question 30

True or False A videographer hired by the plaintiff may attend a compulsory physical examination of the plaintiff.

Answer 30

True

Question 31

True or False The governor has the exclusive authority to adopt rules of practice and procedure in the Florida courts

Answer 31

False

Question 32

True or False The deposition of an incarcerated individual does NOT require leave of court.

Answer 32

False.

Question 33

True or False Performance of conditions precedent MUST be plead with specificity.

Answer 33

False

Question 34

True or False A motion for judgment on the pleadings MUST be filed within 20 days after service of the summons and complaint.

Answer 34

False

Question 35

True or False In a personal injury lawsuit for a minor child's injuries, the real party in interest is the child's guardian ad litem.

Answer 35

False.

Question 36

True or False A post-verdict Rule 1.480 motion for directed verdict MUST be made within 15 days of the verdict.

Answer 36

True

Question 37

True or False Mediation MUST be held within 45 days of the order of referral.

Answer 37

False.

Question 38

True or False A Rule 1.480 motion for directed verdict MUST be renewed at the close of all the evidence

Answer 38

True

Question 39

True or False An accident reconstruction engineer is NOT an expert witness subject to the discovery provisions of Rule 1.280.

Answer 39

False

Question 40

True or False Failure to wear an available, operational seatbelt is a defense that can be raised by motion at the option of a pleader.

Answer 40

False

Question 41

True or False Incident reports prepared in anticipation of litigation are work product.

Answer 41

True

Question 42

True or False Failure to secure the presence of a non-party witness at deposition by serving a subpoena can result in sanctions.

Answer 42

True

Question 43

True or False When an elected official is sued in her official capacity, the official's successor is automatically substituted.

Answer 43

True

Question 44

True or False A party seeking to intervene MUST file an appeal within 60 days of the order denying the motion to intervene.

Answer 44

False

Question 45

True or False A party responding to discovery with a response that was complete MUST supplement when learning of new information.

Answer 45

True

Question 46

True or False Although witness statements are work product, a party is entitled to a copy of his or her own statement.

Answer 46

True

Question 47

True or False If neither party requests a jury trial, they can always request a jury trial at the pretrial conference.

Answer 47

False

Question 48

True or False Failure of a party to attend mediation with full, on-site settlement authority can result in an award of sanctions

Answer 48

True

Question 49

True or False A plaintiff can serve the defendant with a Rule 1.442 PFS within 45 days of commencement of the action.

Answer 49

False.

Question 50

True or False A party can withdraw a Rule 1.442 PFS by telephone

Answer 50

False

Question 51

True or False The estimated length of each deposition is NOT required in a motion to take pre-suit deposition.

Answer 51

True

Question 52

True or False Unsupported allegations of misconduct are sufficient to support a motion to amend to add a punitive damage claim.

Answer 52

False

Question 53

True or False A court can consider live testimony at a hearing on a motion for summary judgment.

Answer 53

False

Question 54

True or False A Rule 1.442 PFS may NOT contain any non-monetary terms except dismissal with prejudice & any terms required by statute.

Answer 54

True

Question 55

True or False A party whose motion to intervene was denied MUST appeal within 30 days of the order denying the motion.

Answer 55

True

Question 56

True or False You may ONLY use an opposing party's deposition at trial to contradict/impeach prior inconsistent statements.

Answer 56

False.

Question 57

True or False The court should consider the possibility of inconsistent verdicts when ruling on a motion to consolidate.

Answer 57

True

Question 58

True or False Under Rule 1.610, a substantial likelihood of success on the merits is FATAL to request for temporary injunctive relief.

Answer 58

False

Question 59

True or False A party make an oral motion for continuance at any time during a hearing attended by all counsel of record.

Answer 59

False

Question 60

True or False Absent court order or stipulation, mediation shall be completed within 90 days of the first mediation conference.

Answer 60

False

Question 61

True or False Surveillance films prepared in anticipation of litigation are NOT included within the scope of work product.

Answer 61

False

Question 62

True or False A governmental entity sued under 768.28 has 30 days from the date of service to serve an answer or responsive motion.

Answer 62

True

Question 63

True or False Any third-party claims NOT asserted in the original action are waived

Answer 63

False

Question 64

True or False The clerk of the court can enter a final default judgment.

Answer 64

False

Question 65

True or False Improper venue is waived if not raised in the initial responsive pleading or motion.

Answer 65

True

Question 66

True or False The defense of failure to join an indispensable party can be made by motion at the option of the pleader.

Answer 66

True

Question 67

True or False A treating physician is NOT an expert witness subject to the discovery provisions of Rule 1.280.

Answer 67

True

Question 68

True or False: A Rule 1.480 motion for directed verdict must be made at the conclusion of closing argument.

Answer 68

False.

Question 69

True or False Special damages MUST be pled with specificity

Answer 69

True

Question 70

True or False A video deposition does NOT require leave of court.

Answer 70

True

Question 71

True or False Counsel for the defendant MAY attend a CME of the plaintiff

Answer 71

False

Question 72

True or False An action for foreclosure on a mortgage for residential real property is NOT required to be verified.

Answer 72

False

Question 73

True of False The title of each document served with the email is NOT required in the BODY of an email serving a document by email.

Answer 73

False

Question 74

True or False Service by email complete on the date that is sent.

Answer 74

True

Question 75

True or False A party may file information obtained through discovery ONLY when allowed or required by rule or court order.

Answer 75

True

Question 76

True or False A party seeking attorney fees pursuant to a PFS must file and serve a motion within 45 days of the entry of judgment.

Answer 76

False

Question 77

True or False A case can be referred to mediation at any time by order of the court.

Answer 77

True

Question 78

True or False A motion for continuance CAN'T be made later than the pretrial conference.

Answer 78

False

Question 79

True or False In evaluating consolidation, a court should consider whether consolidation would deprive a party of a substantive right.

Answer 79

True

Question 80

True or False You can obtain an expert's tax returns from the expert through discovery.

Answer 80

False

Question 81

True or False A court can consolidate actions from 2 different judicial circuits.

Answer 81

False

Question 82

True or False The Florida Bar Civil Procedure Rules Committee has the exclusive authority to adopt rules of practice and procedure.

Answer 82

False

Question 83

True or False If your client believes that a court appointed mediator is biased or prejudiced, she can refuse to participate.

Answer 83

False

Question 84

True or False A deposition by communication technology can take place upon agreement of the parties.

Answer 84

True

Question 85

True or False A pleading which sets forth a claim for relief must contain any affirmative defenses or avoidance.

Answer 85

False

Question 86

True or False Fraud must be pled with specificity.

Answer 86

True.

Question 87

True or False Malice must be pled with specificity

Answer 87

False

Question 88

True or False A motion for judgment on the pleadings can only be filed after the pleadings are closed

Answer 88

True

Question 89

True or False A Rule 1.480 motion for directed verdict must be made at the end of the non-moving party's case in chief.

Answer 89

True

Question 90

True or False A party may not begin discovery until it has complied with Rule 1.280's mandatory disclosure requirements.

Answer 90

True

Question 91

True or False The defense of lack of jurisdiction over the person is waived if not raised in an answer or motion.

Answer 91

True

Question 92

True or False The clerk of court can issue a writ of garnishment.

Answer 92

True

Question 93

True or False A party can file third-party claims without leave of court within 30 days of serving its answer.

Answer 93

False.

Question 94

True or False A defendant MUST serve an answer or responsive motion within 20 days after service of process and the initial pleading.

Answer 94

True

Question 95

True or False Unless a party obtains leave of court, it may NOT serve more than 30 interrogatories to another party.

Answer 95

True