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fl civ pro > Civ Pro > Flashcards

Civ Pro Flashcards

1
Q

FLSC mandatory jx

A
  • final orders of DP
  • DCA declares state statute invalid
  • final orders re: bonds/debt proceedings
  • actions re: statewide agencies
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2
Q

Service of Process on D

A

120 days after filing of complaint (w/ clerk of court in applicable county) (90 days under FRCP)

Filing of complaint (not service) tolls SOL

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3
Q

When can a claim be amended?

A
  • As a matter of course:
    • before responsive pleading service OR
    • if no response required and action not yet set for trial, 20 days after service
  • otherwise, need leave of court or written consent from CP. If complaint has ambiguities, leave usually freely given by court
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4
Q

Pleadings to be stated wiht particularity

A
  • fraud
  • mistake
  • denial of CPs
  • special damages
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5
Q

Timeline for pre-answer MTD

A
  • Usually D must serve answer w/i 20 days of service of inital pleading
  • If pre-answer MTD is filed and denied, answer must be serviced w/i 10 days after that
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6
Q

Counterclaims

A
  • Mandatory - claim that D has against P arising out of same T/O (and doesn’t require 3Ps out of court’s control to adjudicate)
  • Permissive - claims that D has against P arising from same SM, but not same T/O

Same response deadlines as other way around

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7
Q

Intervention

A

Intervenors -

  • can assert right to intervene due to interest in pending lit at any time, but
  • must have sufficient legal interest in the outcome - will their rights be affected?

Note: Members of LLCs - can’t intervene in LLC’s case given they wouldn’t be liable anyway

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8
Q

Discovery - Interrogatories

A
  • Only applicable to parties
  • Max - 30
  • Opinions/contentions ok if relate to facts or call for conlusion

Deadline - 30 days after service (or 45 if served w/ complaint)

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9
Q

Complex actions

A

Any party or court can move to declare action complex if:

  • all Ds have been served
  • appearance has been entered by each party or a default judgment entered
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10
Q

Failure to prosecute

A

3 reqs

  1. 10 months - Party can file notice after 10 months and no stip has been entered staying action
  2. 60 days - subsequent grace period during which parties can remedy situation
  3. 5 days - at least 5 days prior to MTD, non-moving party must show GC and that action should remain pending

Case is dimissed w/o prejudice

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11
Q

Peremtory challenges

A

3 for each party

unless number of parties on each side is unequal, in wihch case they even out (based on great number of parties)

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12
Q

Directed verdict

A

Can be made by D either

  • at close of case-in-chief
  • at conclusion of all evidence

Court considers evidence in light most favorable to P

If D filed per above, can also file motion to set aside verdict w/i 15 days of verdict

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13
Q

Who can serve process?

A

Any competent person over 18 w/ no interest in action (can’t be a party)

Need proof of service affidavit (but lack thereof won’t make service invalid)

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14
Q

DCA discretionary jx

A
  1. final orders of county courts
  2. non-final orders of county crim cases appealed by prosecution
  3. certiroari
    • non-final lower court orders other than above
    • final circuit court orders acting in review capacity (high burden - clear department by court resulting in irreparable harm)
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15
Q

FLSC discretionary jx

A
  1. DCA decisions -
    • declaring state statutes invalid/construing FLC
    • directly conflicting w/ other DCAs (or FLSC)
    • Certified Qs of great public importance
  2. trial court judgments certified to be of GPI
  3. Qs of law certified by SCOTUS/USCCs w/ no state controlling precedent
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16
Q

Voluntary dismissals

A

P can move to dismiss:

  • before hearing on MSJ or
  • before retirment of jury/before submittal of non-jury action to court for decision

Cannot voluntarily dismiss if court has already seized proprety

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17
Q

Venue - FL contractor rule

A

Legal actions brought outside FL involving FL resident contractors/subs/materialmen/etc. are void as matter of PP. Venue provisions in contracts don’t matter

Can be brought in county where FL D resides, where COA accrued or where property is located (if app)

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18
Q

Motion for more definite statement

(deadlines)

A
  • Once D’s motion approved by court, P has 10 days to serve response
  • D then has 10 days to serve answer
19
Q

DCAs - Interlocutory appeals

A
  1. Venue
  2. injunctions
  3. receivership
  4. grants of new trials
  5. relief based on mistake/newly discovered evidence, etc.
  6. PJ determination
  7. certain real property matters
  8. certain family matters
  9. class action certs
20
Q

DCA discretional jx

A
  1. final trial court orders not reviewable by FLSC or circuit courts
  2. admin actions as provided by law
  3. specified interlocutory orders (see separate card)
21
Q

3P complaints (i.e. impleading) - Timing

A

Original D can file 3P complaint freely w/i 20 days after serving original answer

May assert other claims agianst 3P D arising from same T/O

22
Q

Venue

A

Proper in district where:

  • Any D resides if all are in same state
  • substantial part of events occured
  • location of property at issue (if app)

If DJ - new court will apply law from previous court

if fed Q - new court in another circuit will apply its own fed law

23
Q

Experts witnesses

A
  • Retained to testify at trial - can be deposed
  • Retained to advise during preparation for trial
24
Q

In personam jx

(FL statutuory bases)

A

D is:

  1. present in FL when served w/ process
  2. domiciled in FL
  3. Incorporated in FL
  4. Substanial, non-isolated activity in FL
  5. long arm statute
  6. NMA

but can’t trick D into coming into state just to serve him or serve while he’s here for another suit

25
Q

Nonresident motorist act

A

Provides specific jx over nonresident who owns or operates a motor vehicle, watercraft or aircraft involved in an accident or collision in FL

26
Q

Constituional test for PJ

A

My Parents Frequently Forgot to Read Children’s Stories

  • Minimum contacts:
  • purposeful availment
  • forseeability
  • Fair Play & substantial justice:
  • relatedness of c/a and forum
  • convenience
  • state’s interest
27
Q

Circuit court - Exclusive jx

A
  1. Probate/estate matters, guardianship, incompetence
  2. cases involving juveniles (except traffic offenses)
  3. cases involving title or boundaries to realty
  4. Ejectment cases **EXCEPT landlords evicting tenants.
  5. Equity suits exceeding $30,000
  6. Actions at law exceeding $30,000
28
Q

County court jx

A

Exclusive

  • Actions at law - $30k or less unless otherwise already exclusively in Circuit Court
  • Evictions involving $30k or less it MUST go to county court.

Concurrent w/ circuit court

  • equity cases - $30k or more
  • Evictions involving more than $30,000
  • HOA disputes
29
Q

Requirements of a complaint

A
  • Grounds for SMJ (and PJ, if D is nonresident)
  • short & plain statement of ultimate facts showing P’s entitled to relief
  • demand for judgment
30
Q

What types of damages are pled separately?

A

Punitive and special

31
Q

Major defense motions

A
  1. lack of SMJ
  2. lack of PJ
  3. improper venue
  4. insufficient process
  5. insufficient service
  6. 12(b)(6)
  7. failure to join indispensable party

If any of 2-5 aren’ in the first defense response, deemed waived

32
Q

Reply

A

Responsive pleading to D’s answer

Due 20 days after P is served w/ answer

33
Q

Cross-claims

A

Claim agianst co-party arising from same T/O as original claim or conterclaims. NEVER COMPULSORY

34
Q

Discovery tools

A
  1. Deposition (okay for nonparties too)
  2. Interrogatorie
  3. Request to produce (ok for nonparties too)
  4. Physical/mental exam
  5. request for admission

Deadline: 30 days after service (or 45 if sent w/ complaint)

35
Q

Inadvertant disclosure of privileged material

A
  • Won’t waive privilege if producing party sends written notice w/i 10 days to other party
  • Notice must specify material(s), type of privilege and date sent
  • Ohter party must return, sequester or destroy
36
Q

Impleading

A

D adds new party

37
Q

Default judgment

A

When D fials to plead/defend by deadline (usually 20 days)

Judgment - $$ amount. Entered by judge after dfeault entered by clerk/judge

38
Q

Involuntary dismissal

A
  • P fails to prosecute
  • Noncompliance w/ procedural rules/court ordre
  • P fails to show he’s entitled to relief in a bench trial (basically, directed verdict)
  • Any MTD is granted
39
Q

Failure to prosecute

A
  1. No record action for 10 months
  2. Court certifies lack of action to all parties
  3. P then has 60 days to act
  4. If not, D can then file MTD

f P shows up w/ GC at least 5 days before hearing on MTD, no (immediate) dismissal

40
Q

Types of Service of process

A

personal sevice

substituted service - delivery to someone other than D authraoized by law/K to be served (CSC)

Constructive service = publiciation in qualified newspaper, mailing notice to D (if location unknown)

41
Q

Traverse/demur

A

If MTD alleges factual matters, state may traverse/demur the motion.

Court may dismiss if state doesn’t deny all facts in traverse; if not denied, deemed admitted

42
Q

Discovery - electronically stored info

A

Court must limit frequency/extent of discovery otherwise allowed if determined that it’s unreasonably cumulative or duplicative, or can be obtained from another source more convenient, less burdensome, less expensive

43
Q
A

fl civ pro (2 decks)

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