Trial & Post-Trial

Question 1

Notice for Trial must be:

Answer 1

Filed with the court and the court will determine if it is ready.

Question 2

A case is ready for trial when:

Answer 2

the pleadings phase is over (does not mean all discovery is over)

Question 3

If the court finds the action is ready to be set for trial, it will enter an order fixing the date of trial, which will be:

Answer 3

at least 30 days from service of the notice for trial.

Question 4

A demand for a jury trial must be:

Answer 4

requested in writing or it is waived. It must be made no later than 10 days after service of the last pleading.

Question 5

Once a jury trial is demanded, it cannot be waived unless:

Answer 5

both parties agree.

Question 6

How many people serve on a jury in civil actions?

Answer 6

Six.

Question 7

Is there a limit on the number of challenges for cause that one party may raise

Answer 7

No

Question 8

A preemptory challenge is:

Answer 8

a challenge without cause. Each party gets 3. If there are 2 defendants, each defendant gets 3 and plaintiff gets 6.

Question 9

The trial judge must allow jurors to:

Answer 9

take notes; 
ask questions (submit to court and then the judge determines whether to ask the witness. Attorney may object to the question).

Question 10

Motion for Directed Verdict:

Answer 10

made at the end of plaintiff’s case - no lawful way for the jury to return a verdict and judgment is for defendant.

Question 11

The standard for a motion for directed verdict:

Answer 11

Court is to assume facts and inferences as true and then determine whether any inference can be made.

Question 12

Injunction:

Answer 12

equitable relief to maintain status quo;

can also restrain persons from acting in concert with defendant (even non-parties)

Question 13

A verdict is:

Answer 13

a finding made by the jury in open court. It must be unanimous, unless the parties otherwise stipulate.

Question 14

A general verdict:

Answer 14

finds for a party in general terms on all issues and awards damages if applicable

Question 15

A special verdict:

Answer 15

determines the disputed facts in separate findings. The judge asks the jury to answer questions propounded like interrogatories and then applies the law to the facts as found by the jury

Question 16

Motion to Set Aside the Verdict:

Answer 16

Is made by the defendant after the jury returns a verdict for plaintiff. Must be made within 15 days after return of a verdict.
MAY ONLY be made by a defendant who had made a motion for directed verdict during the trial.

Question 17

If a motion to set aside the verdict is not timely made:

Answer 17

The trial court loses subject matter jurisdiction over the case; thus, the 15 day deadline may not be extended.

Question 18

Motion for New Trial:

Answer 18

A new trial may be granted to all or any of the parties on all or part of the issues litigated. The motion must be made within 15 days of return of the verdict.

Question 19

If a motion for rehearing is filed and the party then files a notice of appeal:

Answer 19

the appeal constitutes an abandonment of the motion for rehearing and gives the appellate court jurisdiction over the matter.

Question 20

Motion for Relief from Judgment:

Answer 20

The court has lost SMJ, but in some circumstances the SMJ can be reinvoked.

1) Clerical mistake (may be filed at any time)
2) Fraud on the court or new evidence, or other irregularities (must be filed within a reasonable time, but within 1 year of the date of judgment)

Question 21

A party may appeal non-final orders that:

Answer 21

1) concern venue
2) grant or deny an injunction
3) determine personal jurisdiction, the right to immediate possession of property, or that a class in a class action should be certified
4) grant a new trial
5) grant relief from a judgment; and
6) are interlocutory orders by writ

Question 22

Interlocutory orders:

Answer 22

In general they may not be reviewed before final judgment. The appellate courts have complete discretion of whether to grant cert for review

Question 23

Certiorari:

Answer 23

is a common law writ that a court issues to a lower court to review its action. it is only available in the absence of a direct appellate remedy.

Question 24

A motion to disqualify a judge must be:

Answer 24

in writing, state specifically the grounds for disqualification, and be sworn to by the party.

Question 25

The judge against whom an initial motion to disqualify is filed is only permitted to rule on:

Answer 25

the legal sufficiency.

Question 26

Grounds for a motion to disqualify are limited to:

Answer 26

1) specific prejudice or bias of the judge that the party fears will result in an unfair trial or hearing;
2) the presiding judge, or close relation, being a party to or interested in the immediate cause
3) the presiding judge being a close relation to an attorney of record in the cause;
4) the presiding judge being a material witness

Question 27

A motion to disqualify must be filed:

Answer 27

within a reasonable time after discover of the grounds upon which the motion is filed, but not more than 10 days.

Question 28

A motion to disqualify during the hearing or trial must be:

Answer 28

1) based on facts discovered during the hearing or trial;
2) promptly reduced to writing and filed, if initially stated on the record; and
3) ruled on immediately

Question 29

Any motion to disqualify not ruled upon within 30 days will:

Answer 29

be deemed to be granted and the moving party may seek an order reassigning the case.

Question 30

What must at least one attorney of record sign if representing a party?

Answer 30

Every pleading and other paper of that party.

Question 31

A signature by an attorney certifies that:

Answer 31

1) The attorney read the pleading or other paper;
2) To the best of the attorney’s knowledge, information, or belief, there is good ground to support the pleading or other paper;
3) its purpose is not to delay the proceedings; and
4) the document contains no confidential or sensitive information or that any such confidential or sensitive information has been properly protected according to the Rules.

Question 32

Usually all records of the court are open to the public. Some of the common exceptions:

Answer 32

1) materials prepared by judges or court staff acting at the court’s direction, as a part of the court’s judicial-making process that are not part of the court record;
2) Courthouse administration, such as security of the courthouse and other measures.

Question 33

An attorney’s appearance for a party shall terminate in one of four ways:

Answer 33

1) by order of the court, upon motion and hearing;
2) by order of court, upon substitution of counsel;
3) automatically upon termination of a proceeding and following the expiration of time for appeal where no appeal is taken; or
4) automatically, by filing of a notice of completion in a limited representation proceeding under Florida Family Law Rules of Procedure