Trial

Question 1

Procedure of requesting a jury trial

Answer 1

Fla. R. Civ. P. 1.430(b), states that if you want a jury trial you must make a written demand at any time after commencement of the action and not later than 10 days after the service of the last pleading directed to the issue. Fla. R. Civ. P. 1.430(d) states a party who fails to serve a demand as required waives trial by jury

Question 2

What can a defendant do once a judge denies a DV?

Answer 2

A party who has timely moved for a directed verdict may serve a motion to set aside the verdict within 15 days of the return of a verdict. Because a defendant may file a motion for directed verdict at the conclusion of the plaintiff’s case-in-chief, the defendant’s motion was timely, and thus he may file a motion to set aside the verdict if he is ultimately unsuccessful.

Question 3

Is a judge automatically disqualified when he is related to an attorney through marriage?

Answer 3

While a judge should generally be disqualified because of her relationship to an attorney of record by consanguinity or affinity within the third degree, the parties may waive any of the grounds of disqualification by stipulation