Quiz #3 Review Kahoots Flashcards
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
d. all of the above
True or False
All orders granting a new trial MUST state the specific grounds for the new trial
True
True or False
Verdict awarding future medical expenses, but no future pain and suffering damages, is NOT inadequate as a matter of law
True
How many interrogatories may a party serve under Rule 1.340?
a. No more than 20, including subparts
b. No more than 25, including subparts
c. No more than 30, including subparts
d. No more than 45, including subparts
c. No more than 30, including subparts
True or False
An order DENYING a Rule 1.530 motion for new trial does NOT need to contain the reasons for the order.
True
What is the maximum number of requests for admission that can be served without leave of court?
a. 100
b. 50
c. 30
d. 75
c. 30
True or False
A mediation settlement agreement must be signed by the parties in order to be enforceable.
True
True or False
A Rule 1.530 motion to alter or amend judgment MUST be served NO LATER than 15 days after the date the judgment is FILED.
True
How much time does a party have to accept a Rule 1.442 proposal for settlement?
a. 20 days
b. 30 days
c. 45 days
d. 60 days
b. 30 days
Who may NOT attend a Rule 1.360 compulsory examination?
a. counsel for the defendant
b. a court reporter hired by the plaintiff
c. plaintiff’s counsel
d. a videographer hired by the plaintiff
a. counsel for the defendant
What alternative responses to a request for admissions are expressly contemplated by Rule 1.370?
a. An objection to the request
b. A written response to the request
c. No response at all
d. All of the above
d. All of the above
What is the LATEST that you can serve a motion to recover fees and costs under a proposal for settlement?
a. 15 days after entry of final judgment
b. 20 days after entry of final judgment
c. 30 days after entry of final judgment
d. 45 days after entry of final judgment
c. 30 days after entry of final judgment
True or False
A case CANNOT be referred to mediation until discovery has been completed
False
True or False
Any affidavits SUPPORTING a motion for new trial must be filed CONTEMPORANEOUSLY with the filing of the motion.
True
True or False
A Rule 1.540(a) motion for relief from judgment to correct a clerical mistake may be made at ANY time
True
What is the LATEST that a party can file a certificate of mediation authority?
a. No later than 30 days before the mediation conference
b. No later than 20 days before the mediation conference
c. No later than 15 days before the mediation conference
d. No later than 10 days before the mediation conference
d. No later than 10 days before the mediation conference
True or False
You are required to supplement/update your discovery responses promptly upon becoming aware of additional information.
True.
True or False
Interrogatories may be propounded to non-parties
False
What is the EARLIEST that a party can file a motion for summary judgment?
a. 20 days after commencement of the action
b. 30 days after commencement of the action
c. 60 days after commencement of the action
d. 90 days after commencement of the action
a. 20 days after commencement of the action
True or False
Once a Rule 1.530 motion for new trial is denied, the trial court CANNOT hear any additional motions for rehearing.
True
How do you establish existence of a meritorious defense after entry of a default against your client?
a. An unverified motion
b. A sworn affidavit stating facts constituting a meritorious defense
c. Argument of counsel at the hearing
d. All of the above
b. A sworn affidavit stating facts constituting a meritorious defense
True or False
Mediation may NOT take place through communication technology
False
What is the earliest that a defendant can file a motion for summary judgment?
a. 20 days after service of the summons and complaint
b. 30 days after service of the summons and complaint
c. 60 days after service of the summons and complaint
d. 90 days after service of the summons and complaint
a. 20 days after service of the summons and complaint
Who is NOT permitted to attend a compulsory physical examination of the plaintiff?
a. Counsel for the defendant
b. A court reporter hired by the plaintiff
c. Plaintiff’s Counsel
d. A videographer hired by the plaintiff
a. Counsel for the defendant
True or False
A Rule 1.540 motion to vacate judgment is limited to the narrow legal grounds set forth in the rule.
True
True or False
A represented party’s counsel of record is REQUIRED to attend mediation.
True
True or False
Motion for relief from judgment based on fraud is limited to the one-year time frame set forth in the rule.
True.
How long must you wait before issuing subpoenas following service of your Rule 1.351 notice of production from nonparty?
a. 10 days
b. 20 days
c. 30 days
d. None. The subpoenas can be issued contemporaneously with the notice.
a. 10 days
When can the plaintiff take a voluntary dismissal without prejudice without leave of court?
a. At any time before the defendant serves an answer
b. At any time before the pretrial conference
c. At any time before trial
d. At any time before the case is submitted to the jury/judge for decision
d. At any time before the case is submitted to the jury/judge for decision
When is the latest that you can demand a trial by jury?
a. No later than the pretrial conference
b. 10 days after service of the last pleading directed to the issue
c. No later than your complaint
d. No later than your answer
b. 10 days after service of the last pleading directed to the issue
What is the earliest that the court can hear argument on a motion for summary judgment?
a. No sooner than 10 days after the deadline for serving a response
b. No sooner than 20 days after the deadline for serving a response
c. No sooner than 30 days after the deadline for serving a response
d. No sooner than 45 days after the deadline for serving a response
a. No sooner than 10 days after the deadline for serving a response
What is the EARLIEST that a plaintiff can serve a Rule 1.442 proposal for settlement?
a. 120 days after service of the summons and complaint on the defendant
b. 60 days after service of the summons and complaint on the defendant
c. 90 days after service of the summons and complaint on the defendant
d. 30 days after service of the summons and complaint on the defendant
c. 90 days after service of the summons and complaint on the defendant
What is the LATEST that you can file a motion to dispense with mediation?
a. No later than 10 days from the order of referral to mediation
b. No later than 15 days from the order of referral to mediation
c. No later than 20 days from the order of referral to mediation
d. No later than 30 days from the order of referral to mediation
b. No later than 15 days from the order of referral to mediation
True or False
The court has the power to resolve objections made by a party to a rule 1.351 notice of production from non-party
True
True or False
A party has 45 days to respond to requests for admission.
False
True or False
An order GRANTING a new trial or rehearing is NOT required to state the grounds for the new trial or rehearing
False
True or False
The trial court has broad discretion to GRANT a new trial when verdict is contrary to manifest weight of the evidence.
True
Under Rule 1.370, what must a party demonstrate to withdraw an admission for failure to respond?
a. Excusable Neglect
b. I forgot
c. I was on vacation
d. None of the above
a. Excusable Neglect
Which of the following can be used by a party seeking to set aside a default to demonstrate excusable neglect?
a. An affidavit
b. An unverified pleading
c. Competent testimony at the hearing
d. Both a and c
d. Both a and c
What is the LATEST that any party can serve a rule 1.442 proposal for settlement?
a. 30 days before the trial term
b. 45 days before the trial term
c. 60 days before the trial term
d. 90 days before the trial term
b. 45 days before the trial term
True or False
A party can serve as many as 60 requests for admission, exclusive of subparts.
False
True or False
The court is NOT obligated to provide an explanation for an order denying a motion for new trial
True
True or False
A court should only strike pleadings for failure to comply with a discovery order if the conduct was contumacious
True
True or False
A court should only strike pleadings for failure to comply with a discovery order if the conduct was contumacious
True
True or False
A party prevailing on a motion to compel discovery may be entitled to an award of attorney’s fees
True
True or False
A party’s answers to interrogatories CAN be admissible as substantive evidence
True
True or False
Under Rule 1.340(c), a party can answer interrogatories by referring to attached business records
True
What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on newly discovered evidence?
a. 1 year from the entry of judgment
b. 2 years from the entry of judgment
c. 5 years from the entry of judgment
d. 10 years from the entry of judgment
a. 1 year from the entry of judgment
True or False
The court can DENY a Rule 1.530 motion for new trial WITHOUT holding a hearing
True
What is your remedy if the opposing party’s mediation representative does not have full, on-site settlement authority?
a. File a motion to strike the opponent’s pleadings
b. File a motion for sanctions (mediation fees, attorney’s fees and costs)
c. Proceed to trial
d. None of the above
b. File a motion for sanctions (mediation fees, attorney’s fees and costs)
Which of the following is REQUIRED to attend mediation on behalf of insured corporate defendant?
a. The CEO of the corporation
b. The risk manager of the corporation
c. An insurance adjuster with full on-site settlement authority
d. The Board of Directors
c. An insurance adjuster with full on-site settlement authority
True or False
A mediation settlement agreement is an enforceable contract
True
What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on a VOID judgment?
a. 1 year from the entry of judgment
b. 2 years from the entry of judgment
c. 5 years from the entry of judgment
d. None of the above
d. None of the above
True or False
Leave of court is REQUIRED to serve more than 30 interrogatories
True
True or False
A party has 30 days to respond to interrogatories
True
What is the LATEST that you can file affidavits in opposition to a Rule 1.530 motion for new trial?
a. 10 days after service of the motion
b. 20 days after service of the motion, upon good cause AND court order
c. 30 days after service of the motion
d. Both a and b
d. Both a and b
True or False
A motion for relief from judgment may be used as a substitute for a motion for new trial or an appeal.
False
True or False
Notice of intent to issue Rule 1.351 subpoenas must be served a MINIMUM of 15 days prior to the issuance of subpoenas
False
What is the LATEST that a party seeking summary judgment can file supporting evidence and affidavits?
a. No later than 10 days before the hearing
b. No later than 20 days before the hearing
c. No later than 30 days before the hearing
d. All evidence and affidavits must be filed contemporaneously with the MSJ
d. All evidence and affidavits must be filed contemporaneously with the MSJ
True or False
Rule 1.351 permits a party seeking nonparty discovery to have other parties’ objections resolved by the court
True
True or False
A 1.540(a) motion for relief from judgment can ONLY be used to correct clerical mistakes and errors
True
True or False
The party requesting a Rule 1.360 CME does NOT have the right to attend the examination
True
True or False
The court CANNOT deny a motion for new trial without providing the opportunity for a hearing
False
True or False
A party can avoid dismissal for failure to prosecute by filing ANYTHING within 60 days of a notice of intent to dismiss
True
When can a case be referred to mediation?
a. At any time upon order of the presiding judge
b. Only after all discovery has been completed
c. At any time upon agreement of the parties
d. Both a and c
d. Both a and c
True or False
A Rule 1.540(a) motion for relief from judgment to correct a clerical mistake may be made at ANY time
True
What is the LATEST that mediation can be held following an order of referral to mediation?
a. Within 60 days of the order of referral
b. Within 90 days of the order of referral
c. Within 30 days of the order of referral
d. Within 45 days of the order of referral
a. Within 60 days of the order of referral
What are the potential outcomes of a mediation conference?
a. Settlement
b. Impasse/no agreement
c. Adjournment
d. All of the above
d. All of the above
Which of the following factors are considered with respect to a Rule 1.540 motion based on newly discovered evidence?
What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on fraud?
a. 1 year from the entry of the judgment
b. 2 years from the entry of the judgment
c. 5 years from the entry of the judgment
d. None of the above
a. 1 year from the entry of the judgment
What is the BEST PRACTICE for responding to a party that repudiates a signed, written mediation settlement agreement?
a. Proceed to trial
b. Ask opposing counsel to pay the mediation fee
c. File a motion to compel enforcement of mediation settlement agreement
d. None of the above
c. File a motion to compel enforcement of mediation settlement agreement
What is the latest date that you can complete a mediation that was adjourned and not resolved?
a. 45 days after the first mediation conference
b. 30 days after the first mediation conference
c. 60 days after the first mediation conference
d. 90 days after the first mediation conference
a. 45 days after the first mediation conference
What is the LATEST that you can file a post-verdict renewed motion for directed verdict?
a. 10 days from the return of the verdict
b. 15 days from the return of the verdict
c. 20 days from the return of the verdict
d. 30 days from the return of the verdict
b. 15 days from the return of the verdict
What recourse do you have if your client believes that the court ordered mediator is biased?
a. File a motion to disqualify the mediator
b. Refuse to participate in the mediation
c. Call the court to explain that your client objects to the mediator
d. None of the above
a. File a motion to disqualify the mediator
What is the LATEST that you can file a Rule 1.530 motion for new trial?
a. Not later than 15 days after the return of the verdict
b. Not later than 20 days after the return of the verdict
c. Not later than 30 days after the return of the verdict
d. Not later than 60 days after the return of the verdict
a. Not later than 15 days after the return of the verdict
