FL Civ Pro

Question 1

of Interrogatories Allowed

Answer 1

Interrogatories must not exceed 30.

RULE 1.340.

Question 2

Timing to Respond to Interrogatories

Answer 2

30 days after service, or 45 days after service of the process and initial pleading on that defendant.

RULE 1.340.

Question 3

Timing for Moving for Dismissal Based on Forum Non Conveniens

Answer 3

A motion to dismiss based on forum non conveniens shall be served not later than 60 days after service of process on the moving party.

RULE 1.061 (g)

Question 4

Waiver of Service Requirements

Answer 4

The Notice and Waiver Request must:

1. Be in writing, addressed directly to defendant, or officer/agent;
2. Certified mail, return receipt requested;
3. Include copy of complaint and identify court filed in;
4. Inform D of the consequences of compliance and failure to comply;
5. Allow 20 days from date received to return waiver (or 30 if outside the US); and
6. Provide D w/ extra copy of notice and waiver AND prepaid means of returning

RULE 1.070. PROCESS

Question 5

Consequences of Failure to Comply W/ Request for Waiver of Service

Answer 5

If D fails to comply w/ request in 20 (or 30 if outside US) days, the court SHALL impose the costs of service on D unless good cause shown.

RULE 1.070. PROCESS

Question 6

Time Limit for Service of Process

Answer 6

120 days after filing of initial pleading. If not made timely, the court SHALL on its own initiative:

1. Direct that service be effected w/in a specified time;
2. Dismissed w/o prejudice; or
3. Drop that D as a party.

NOTE: If P shows good cause, the court SHALL extend time for service.

RULE 1.070(j). PROCESS

Question 7

Steps to Filing a Constitutional Challenge to a State Statute or County/Municipal Charter

Answer 7

1. File a notice of constitutional question stating the question AND identifying the document that raises it; and
2. Serve the notice an pleading, etc. on the attorney general or the state attorney of the judicial circuit in which the action is pending by certified mail.

RULE 1.071. CONSTITUTIONAL CHALLENGE TO STATE STATUTE, etc.

Question 8

What must be included in a claim for relief (Complaint, Counter/Crossclaim, Third-Party Claim)?

Answer 8

1. A short and plain statement of the grounds upon which the court’s jurisdiction depends;
2. A short and plain statement of the facts showing the pleader is entitled to relief; and
3. A demand for judgment for the relief the pleader deems himself entitled.

RULE 1.110(b). GENERAL RULES OF PLEADING

Question 9

What must be included in an answer?

Answer 9

1. The pleader’s defenses to each claim asserted against him; and
2. Shall admit or deny the claims asserted against him.

RULE 1.110(c). GENERAL RULES OF PLEADING

Question 10

What Defenses Must Be Plead Specifically in Answer?

(Affirmative Defenses)

Answer 10

1. Accord and Satisfaction
2. Arbitration and Award
3. Assumption of Risk
4. Contributory Negligence
5. Discharge in bankruptcy
6. Duress
7. Estoppel
8. Failure of Consideration
9. Fraud
10. Illegality
11. Injury by fellow servant
12. Laches
13. License
14. Payment
15. Release
16. Res Judicata
17. S of F
18. Statute of Limitations
19. Waiver

NOTE: Failure to deny = deemed admitted.

RULE 1.110. GENERAL RULES OF PLEADING

Question 11

Timing to file an answer to complaint / crossclaim / counterclaim?

Answer 11

20 days after service; or if State of Florida, Florida agent or officer sued in official capacity = 40 days after service.

Rule 1.140 Defenses

Question 12

Compulsory Counterclaim

Answer 12

A pleading must state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, provided it arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim.

*NOTE: Any counterclaim maturing after service can be presented as a counterclaim via supplemental pleading w/ permission of the court.

Rule 1.170 Counterclaims and Crossclaims

Question 13

Permissive Counterclaim

Answer 13

A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence.

Rule 1.170 Counterclaims and Crossclaims

Question 14

Omitted Crossclaims / Counterclaims

Answer 14

When a pleader fails to set up a counterclaim / crossclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may set up the counterclaim or crossclaim by amendment with leave of the court.

Rule 1.170 Counterclaims and Crossclaims

Question 15

Crossclaims

Answer 15

1. Any claim by one party against a co-party
2. Arising out of the same transaction or occurrence that is the subject matter of either the original action or a counterclaim therein,
3. Or relating to any property that is the subject matter of the original action.

*Crossclaim may include a claim that the party against whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.

Question 16

When can you serve a third-party complaint?

Answer 16

At any time after commencement of the action.

*NOTE: Leave of court required if 20 days after service of original complaint.

Rule 1.180 Third-Party Practice

Question 17

Amending a Pleading

Answer 17

A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served.

Otherwise a party may amend a pleading only by leave of court or by written consent of the adverse party.

Rule 1.190 Amended and Supplemental Pleadings

Question 18

Relation Back of Amendments

Answer 18

When the claim or defense asserted in the amended pleading arose out of the the same transaction or occurrence set forth or attempted to be set forth in the original pleading, the amendment shall relate back to the date of the original pleading.

Rule 1.190 Amended and Supplemental Pleadings

Question 19

Supplemental Pleadings

Answer 19

• Differs from amendments;
• = Transactions or occurrences or events which have happened since the date of the pleading.
• Court may permit upon motion of a party, upon reasonable notice and upon such terms as are just.

Rule 1.190 Amended and Supplemental Pleadings

Question 20

Amendment Asserting Punitive Damages

Answer 20

Motion for Leave to Amend shall make a reasonable showing (by evidence in the record or evidence to be later proffered) that provides a reasonable basis for recovery of such damages.

Motion to Amend can be filed separately and before any supporting evidence, but each shall be served on all parties at least 20 days before the hearing.

Rule 1.190 Amended and Supplemental Pleadings

Question 21

Notice - Pretrial Conference

Answer 21

Reasonable notice must be given for a case management conference, and 20 days’ notice must be given for a pretrial conference

Rule 1.200 Pretrial Procedure

Question 22

Joinder

Answer 22

All persons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs

Any person may be made a defendant who has or claims an interest adverse to the plaintiff.

Any person may at any time be made a party if that person’s presence is necessary or proper to a complete determination of the cause.

Rule 1.210 Parties

Question 23

Requirements for a Class Action

Answer 23

(1) Members of the class are so numerous that separate joinder of each member is impracticable,
(2) The claim or defense of the representative party raises questions of law or fact common to the questions of law or fact raised by the claim or defense of each member of the class,
(3) The claim or defense of the representative party is typical of the claim or defense of each member of the class, and
(4) The representative party can fairly and adequately protect and represent the interests of each member of the class.

Rule 1.220 Class Actions

Question 24

Special Pleadings

Answer 24

Certain circumstances must be plead w/ specificity:

1. Capacity or authority to sue on behalf of a minor
2. Fraud / mistake
3. Non-occurrence of condition precedent
4. Special and general damages

Question 25

Defense Motions

Answer 25

Filed by the defendant after the complaint has been filed;

1. Motion for more definite statement
2. Motion to strike
3. Motion to strike sham pleading
4. Motion for judgment on the pleadings

Question 26

Motion for Judgment on the Pleadings

Answer 26

• Defense motion; can be filed after complaint has been filed.
• “Hey judge, dismiss this action because P did not file a proper complaint.”
• Usually used by D to test the sufficiency of a complaint, but can be used by P to test the sufficiency of the answer.
• Differs from summary judgment’ judge only looks at the pleadings.

Question 27

Pre-Answer Defense Motions

Answer 27

The following defenses can be made at the option of the pleader by a pre-answer motion, OR in the answer:

1. Lack of SMJ
2. Lack of PJ
3. Improper venue
4. Insufficient process
5. Insufficient service of process
6. Failure to state a cause of action for which relief can be granted
7. Failure to join an indispensable party

Question 28

When must a counterclaim or cross claim be brought?

Answer 28

Counterclaims and cross claims MUST be brought in an answer.