Know Everything 🤷🏽‍♀️

Question 1

When must a pleader insert claim it has against opposing party when it rises out of the same T/O?

Answer 1

At the time a responsive pleading is served or it’s lost forever

Question 2

Which party may move for a directed verdict?

Answer 2

Either party may do so at the close of the evidence of either side if the party feels the evidence presented was not sufficient to allow the jury to properly enter a verdict in favor of either party

**a motion for a directed verdict before a verdict is not a waiver of jury trial

Question 3

When can you make a motion for a belated JNOV?

Answer 3

Party just have made a timely directed verdict motion at trial

Question 4

Will failure to be make proof of service taint the service?

Answer 4

No

Question 5

If there a multiple defendants, how many copies of the summons and complaint should they get?

Answer 5

One

Question 6

What can be used to compel strnsdance if deponent is a party?

Answer 6

1. Notice of deposition
2. Depo usually taken in county of residence or business if it differs from the venue of the action
3. Parties may designate any place that is mutually satisfactory

Question 7

How can non party be compelled to attend?

Answer 7

By subpoena

Question 8

Where can the depo of non party be taken?

Answer 8

Any county in Florida where the witness may validly be served or anywhere else in the U.S. by using the subpoena power of an appropriate court in that place

Question 9

Where can subpoenas compel a resident of fl to?

Non resident?

Answer 9

1. Only in the county where the deponent resides, is employed, transacts business in person, or such other conveneient placed ssbfixed by order of court
2. Only in the county where the deponent was served or such place ordered by the court

Question 10

Notice for service of process through publication

Answer 10

Clerk or the judge must mail a copy of the notice by United States mail, with postage prepaid to the defendant within 10 days after making or posting the notice

Question 11

What must a plaintiff do before service of publication is made?

Answer 11

1. Good faith effort to find D snd see that he receives actual notice
2. P or their Atty must file a sworn statement made on personal knowledge rather than mere info and belief showing that that
3. D is over 18
4. D resident is unknown
5. D residence is known to be outside of fl
6. D residence is known to be in fl but the D has been absent from fl for more than 60 days or has concealed himself so that process cannot be personally served on him
7. If the name of residence of D is unknown, a diligent search and inquiry have been made disclosing what was discovered

Question 12

If service was made by a sheriff, Do the return made by a sheriff need to be in affidavit form?

Answer 12

No

Question 13

Who can service?

Answer 13

Any person over 18 who is not a party or untested in the outcome of the case and who is specially appointed by the court to serve process

Question 14

Proof of service is required when?

Answer 14

Certificates are needed whether service is made by mail or personal service

Question 15

When may clerk enter default notice?

Answer 15

1. When the D has filed no papers at all.

2. If d files any paper in the action, default may be entered by the court upon notice of the application for default

Question 16

When must service be made by publication?

Answer 16

When a d is outside Florida, cannot be found for personal service in the state after a diligent search, or is unknown

Question 17

What happens if the motion for directed verdict is denied?

Answer 17

Case goes on.. if granted, the matter is res Judicata

Question 18

Who may depose a person ( party or nonparty without leave)?

Answer 18

Any party upon reasonable notice to all parties

Question 19

When can a voluntarily dismissal be dismissed without prejudice?

Answer 19

Only once. The second time will be with prejudice even if the second dismissal occurs by court order rather than by notice

Question 20

An involuntary dismissal

Answer 20

1. Operates as adjudication on the merits unless it is ordered on grounds of jurisdiction, venue, lack of indispensable party, failure to prosecute, or the court orders that it’s without prejudice
2. May be had by either party on a claim against him for failure of the adverse party to comply with any order of court
3. When moved for in a court without a jury, at the close of the P’s evidence, on the grounds that on the facts snd law the party seeking affirmative relief has shown no right to relief, will not waive the D’s right to offer Evidence if the motion is not granted

Question 21

Failure to prosecute

Answer 21

If no record activity occurs within 60 days after the notice is served, an no stay was issued or served prior to the expiration of the 60 day period, the action will be dismissed for lack of prosecution UNLESS a party shows good cause in writing at least 5 days before the hearing on the motion on why the action should remain pending

Question 22

Three ways a P may voluntarily dismiss her own case

Answer 22

1. Filings notice of dismissal
2. Stipulation of the current parties
3. Obtaining a court order

Question 23

When can P not involuntarily dismiss?

Answer 23

1. When Summary Judgment is pending
2. Property had been seized and in custody of the court
3. Counter claim has been filed and the counterclaim cannot remain pending for independent adjudication

Question 24

When is the lis penden canceled?

Answer 24

Cancels automatically when notice or stipulation of dismissal has been recorded

Question 25

Who may move to dismiss a motion for the failure to prosecute?

Answer 25

Court
Defendant
Any party to the action

Question 26

Motion for directed verdict

Answer 26

1. Must be made during trial in order to move for a belated directed verdict on the same issue
2. However, a party may not move at the end of his own case unless that is the end of all evidence

Question 27

How long until the moving party for a directed verdict make a belated directed verdict?

Answer 27

15 days

Question 28

Is a directed verdict motion a prerequisite to a motion for a new trial?

Answer 28

No

Question 29

When can parties make a motion for a directed verdict?

Answer 29

At the CLOSE of ALL evidence!

But the judge can may decide that there are factual issues to be determined by the jury

Question 30

If motion for a directed verdict is denied, can the moving party present evidence as if no such motion has been made?

Answer 30

Yes

Question 31

Ejectment of tenant

Answer 31

Equitable action over which the circuit court has jurisdiction

Question 32

What should an answer do?

Answer 32

Either admit or deny allegations of the pleading (the counterclaim) to which it responds, or it must state (if true) they the respondent is without knowledge which operates as a denial

Failure to deny or allege insufficient knowledge constitutes an admission of all allegations EXCEPT as to damages

Question 33

When is a REPLY required?

Answer 33

Only where the answer to a pleading containing a claim contains an affirmative defense and the opposing party seeks to avoid it

How we, no reply to an affirmative defense is reunited if its denied instead of avoided

Question 34

What to do to perpetuate testimony of another’ persons testimony regarding any matter that may be cognizable in any court?

Answer 34

File a verified petition in the circuit court in the county of the residence of any expected adverse party

Question 35

Number of interrogatories?

Answer 35

30 unless the court permits a larger number on motion and notice, and for good cause

Question 36

When can a party request another party to submit an examination by a qualified expert?

Answer 36

When the condition of the party is in controversy
Request may be served with leave of court at any time after commencement to the P and

Anytime after service of process and initial pleading if to any other party

Question 37

Should party requesting the examination give the examined party a copy of the report?

Answer 37

No, unless the examined party request it and should also be given all other reports with the same condition

By requesting the report, the party had waived any privilege as to copies of any other medical reports and testimony pertaining to any other examination of the requesting party relating to the same condition

If the examiner fails to make such a report, court may exclude her testimony if offered at trial

Question 38

When should experts be disclose?

Answer 38

Ones he plans to call at trial.

Plaintiff is only required to depo the expert he intends to call as a witness

By interrogatory, plaintiff can be compelled to recite the substance of the experts anticipated trial testimony and the grounds for the experts option

A depo of an expert witness may proceed without order of the court, with the party seeking further discovery being require to pay the reasonable fee of the expert

Question 39

When can a party amend his pleading?

Answer 39

Once as a matter of course at any time before a responsive pleading is served