FL Civ Pro

Question 1

What are the requirements for a motion for leave to amend to assert a claim for punitive damages?

Answer 1

1) Plaintiff makes reasonable showing of evidence providing a reasonable basis for punitive damages recovery, AND

2) All parties served ≥ 20 days before hearing

Question 2

interpleader

Answer 2

Interpleader allows a disinterested stakeholder to sue multiple claimants in order to avoid multiple inconsistent judgments.

Question 3

Fill in the blank. The court of its own initiative may order a rehearing or a new trial not later than ___ days after entry of judgment or within the time of ruling on a timely motion for a rehearing or new trial made by a party.

Answer 3

15

Question 4

True or False:
A party who has timely moved for a directed verdict doesnt need to renew that motion at the close of all evidence in order to make a motion to set aside the verdict.

Answer 4

TRUE

Question 5

Fill in the blank. A(n) __________________ party is one having a material interest in the case.

Answer 5

necessary

Question 6

If a defendant files a pre-answer motion to dismiss, then the answer must be served__________ after the court’s denial of the motion.

Answer 6

10 days
bc ur a clown now we cut ur time in half as punishment!!

Question 7

On what two grounds may a party motion for a change of venue when venue is proper?

Answer 7

(1) When party believes that adverse party has an undue influence over the minds of the inhabitants of the county; or
(2) When party desiring change is so odious to inhabitants of the county that she could not receive a fair trial.

Question 8

True or False: Multiple defendants having joint and several liability may be sued jointly or severally.

Answer 8

true

Question 9

True or false:
A court may set aside a final judgment entering default judgment.

Answer 9

true

Question 10

Can an intervenor file new or additional claims after a motion to intervene has been granted?

Answer 10

NO; an intervenor can’t file new/additional claims after a motion to intervene has been granted. They must accept the pleadings as they are.

yo everybdy get in here but just sit there u cant do anything

Question 11

Service without actual physical delivery can be made where?

Answer 11

> D’s usual place of abode with anyone who lives there and is at least 15 years old + informing them of the contents

Question 12

things the FL SC has *mandatory appellate jurisdiction on

Answer 12

> DCA decision declaring a state statute/constitution provision invalid
final judgments for validations of bonds or a certificate of indebtedness
to review a statewide agency actions relating to rates/service of utilities like electric, gas, telf
final judgments imposing death penalty

Question 13

When can a defendant seek to dismiss an action brought by the plaintiff for failure to prosecute the action?

Answer 13

(1) when D serves notice on the plaintiff that no activity has occurred for 10 months, and

(2) waits at least an additional 60 days after providing notice during which time the plaintiff fails to act.

Question 14

True or False:
When jury instructions are given prior to final arguments, the court must provide the jury with final procedural instructions after final arguments conclude but before deliberations begin.

Answer 14

true

Question 15

in what county can a non-party be deposed?

Answer 15

> county where they reside
where they’re employed/transacts business

Question 16

Does a defendant’s motion to strike immaterial or scandalous matter from a complaint alter the 20-day period they have to file an answer?

Answer 16

no

Question 17

If a D serves a motion before filing their answer + the court files its order on it – how many days will D have at that point to answer?

Answer 17

the answer must be served within 10 days after the court files its order on the defendant’s motion

(if no motion D would’ve had 20 days)

Question 18

What does the exercise of quasi-in-rem jurisdiction by a Florida court require the plaintiff to establish?

Answer 18

That the D or the cause of action has minimum contacts with Florida.

Question 19

What is Quasi-in-rem jurisdiction?

Answer 19

Quasi-in-rem jurisdiction is the court’s power over a D’s interest in property that is within the jurisdiction of the court.

Question 20

when is Interpleader proper?

Answer 20

when two or more ppl claim the same money or property held by a third party

Question 21

Can a defendant implead another person who isn’t a party to the action if that person is/may be liable to the defendant for all or part of the plaintiff’s claim against the defendant?

Answer 21

Yes

Question 22

What is required of an affidavit for it to be used in support/opposition of a MSJ?

Answer 22

> needs to be made on personal knowledge
needs to establish the affiant’s competency to testify on the matters stated
must set out facts that’d be admissible in evidence

Question 23

When damages are awarded by a jury, when can the court increase (additur) or reduce (remittitur) the award?

Answer 23

if it is contrary to the manifest weight of the evidence

but cant be sought to argue that the jury unfairly divided the damages between parties with different levels of fault.

Question 24

True or false:
If a motion for an order compelling discovery is granted, the court must generally require the party whose conduct necessitated the motion to pay the moving party the reasonable expenses, including attorney’s fees.

Question 25

In Florida, is a forum-selection clause by itself as sufficient to confer personal jurisdiction over the contracting parties?

Answer 25

no > there needs to be residence, incorporation, or some substantial or reasonable relation

Question 26

Can expert who has been retained by an opponent in anticipation of litigation but is not expected to testify at trial be deposed?

Answer 26

No > but a party may depose an expert who's an employee of an opponent about things that are the subject of expert testimony that occurred prior to the incident that is the subject of the litigation.

Question 27

what is the max number of interrogatories that can be served?

Answer 27

30 (matches # of days they have to answer) this can be increased by the trial judge, in the court’s discretion, on motion and notice, upon a showing of good cause.

Question 28

The work-product doctrine protects material prepared in anticipation of litigation from discovery. However, if protected materials are to be used at trial, they must be disclosed.

Question 29

If P files a complaint > doesn't show up to trial > D files motion to dismiss Should it be granted?

Answer 29

Yes; a claim should be dismissed if P fails to appear at trial despite receiving notice

Question 30

If party A makes a claim/counterclaim against party B and doesn't respond, what can party B do?

Answer 30

> move for default judgment > before a default judgment is granted, the defaulting party) must be served with notice of an application of default.

Question 31

When should an insufficient service of process defense be made

Answer 31

pre-answer motion or answer bc otherwise it'll be waived

Question 32

Is the Florida supreme court required to render advisory opinions of the justices?

Answer 32

only when requested by the attorney general

Question 33

when can a party seek a jury trial?

Answer 33

A party that seeks a jury trial 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.

Question 34

Can depositions be introduced at trial?

Answer 34

Yes; depositions can be introduced at trial as substantive evidence or impeachment evidence If its the depo of an opposing party and only part of it is being introduced then the opposing party may require the offering party to also introduce any other part of the depo for fairness

Question 35

In cases involving multiple defendants, how can P sue the Ds?

Answer 35

In cases involving multiple defendants, the plaintiff has the option of suing the defendants individually or joining some or all of the defendants together in a single lawsuit.

Question 36

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.

Answer 36

A party may amend a pleading once as a matter of course at any time before a responsive pleading is served. Later, it may be amended only by leave of court or adverse party's consent.

Question 37

Who has jurisdiction over the settlement of an estate?

Answer 37

circuit courts—regardless of the amount in controversy.

Question 38

A judge can be disqualified from hearing a case if the judge is related to one of the attorneys in the case. However, this disqualification can be waived by stipulation of the parties.

Question 39

Can a case can be voluntarily dismissed while a summary judgment motion is pending?

Answer 39

Yes; so long as it is dismissed before the summary judgment hearing.

Question 40

A party seeking affirmative relief may voluntarily dismiss the action once as of right. However, a case cannot be voluntarily dismissed when property has been seized or is in court custody.

Question 41

If an expert is not expected to testify at trial, then the opposing party may obtain information about the expert only upon a showing of exceptional circumstances.

Question 42

Time for filing an answer: Period more than 7 days Period less than 7 days

Answer 42

> you don't count the first day; count the last Period more than 7 days > count weekends/holidays > unless the last day is a weekend/holiday Period less than 7 days > don't count weekends/holidays

Question 43

could you serve process at someone's rental home

Answer 43

not if its not their usual place of abode

Question 44

Can a defendant serve a third-party complaint that arises out of the subject matter of the plaintiff's complaint.

Answer 44

yes they may

Question 45

Failing to timely respond to a request for admissions results in a deemed admission of the matter. The admitted matter is considered conclusively established unless the court on motion permits withdrawal or amendment of the admission.

Question 46

A party who has timely filed a motion for directed verdict may move to set aside the verdict within how many days of the return of the verdict.

Answer 46

15 days

Question 47

true or false: Special damages (e.g., loss of business and loss of earning capacity) MUST be specifically stated in a pleading.

Answer 47

true

Question 48

True or False: Unless required by order of the court, written pretrial motions and defensive pleadings are not necessary in small claims matters.

Answer 48

true

Question 49

Fill in the blank. Orders for pretrial conference must be served at least _________ before the date set for the conference.

Answer 49

20 days

Question 50

How many requests for admissions may a party generally propound?

Answer 50

30 (including all subparts)

Question 51

When must discovery be completed in an expedited trial?

Answer 51

Within 60 days of court's order adopting the stipulation

Question 52

Fill in the blank. Two or more claims for damages may be added together to reach the jurisdictional limit of the circuit court as long as those claims _________________.

Answer 52

arise out of the same transaction

Question 53

Fill in the blank. A(n) _________________ party is one whose interest in the subject matter of the action or defense is such that the absence of that party in the litigation will prevent a complete and efficient resolution of the controversy between the other parties.

Answer 53

indispensable

Question 54

True or false: If a party intends to use his own work product at trial, it must be disclosed to the other side.

Answer 54

true

Question 55

Fill in the blank. In responding to a preceding pleading (i.e., an answer), a party must set forth_______________.

Answer 55

affirmative defenses

Question 56

What is the Statute of Limitations for an action based on negligence?

Answer 56

2 years

Question 57

If D waives service of process they now have 60 date from the day they RECEVEIED the request for waiver to respond to Ps complaint

Question 58

if a P files a claim and then voluntarily dismisses it, then files again and dismisses it again, it will be with prejudice the second time

Answer 58

with prejudice as long as the action is based on or including the same claim > even when the 1st voluntary dismissal was out of state

Question 59

subject matter jurisdiction > circuit: has to be more than 50k > county: 50K or less

Question 60

An action against a foreign corporation doing business in Florida must be brought where?

Answer 60

> In a county where the corp has an agent/representative > where the cause of action accrued > where the property in litigation is located

Question 61

A party's failure to raise insufficient service of process in the first responsive pleading constitutes a waiver of the defense.

Question 62

When is a a judge required to recuse themselves?

Answer 62

when a party to the proceeding is related to the judge within the third degree by either (1) consanguinity (i.e., blood ties) or (2) affinity (e.g., marriage/in-laws).

Question 63

once a learned treatise's authority is established bc expert witnesses relied on it, it will only be admissible on cross-examination to attack the credibility of an expert witness.

Question 64

A plaintiff is entitled to reasonable costs and attorney's fees from the date a written, good-faith *demand for judgment* is served when the defendant rejected or did not timely respond to the demand and the plaintiff's jury award is 25% greater than the offer. aka:

Answer 64

If P offers to a good faith settlement and D: > rejects/doesn't respond on time and > if the jury ends up awarding P an amount that's at least 25% more than what the plaintiff offered to settle for then D has to pay their attorneys fees

Question 65

deadline for filing a motion for relief of judgement

Answer 65

within 1 year of an entered judgement based on: (1) mistake, inadvertence, surprise, or excusable neglect (2) newly discovered evidence that a party acting with due diligence could not have discovered in time to move for a new trial or rehearing or (3) fraud, misrepresentation, or other misconduct of an adverse party.

Question 66

If a party commits intrinsic fraud, the court may relieve the other party from a final judgment upon a motion for relief filed within one year after the judgment is entered.

Question 67

what does FL SC have mandatory appellate jurisdiction on?

Answer 67

> death penalty > bonds or certificates validations > invalid FL statutes or FL Const provisions > service of utilities

Question 68

who are Roggs directed for?

Answer 68

parties only!!! not experts, third parties etc.

Question 69

SMJ can be asserted at literally any time even post trial

Question 70

when are permanent injunctions granted?

Answer 70

> after the hearing or the trial ends > must show irreparable harm, clear legal right, inadequate remedy, and consideration of the public interest

Question 71

a motion to vacate for an excessive sentence can be filed at any time deadline for filing a motion to vacate in: > capital case = within 1 year after a final death sentence > non-capital case = within 2 yrs after final judgement unless

Answer 71

(1) facts could not have been discovered without due diligence, (2) a new fundamental constitutional right arose, or (3) the post-conviction counsel was neglectful in filing the motion.

Question 72

when can an action be declared complex?

Answer 72

> after all Ds have been served and an appearance/default judgement was entered and > any party or the court has motioned to declare the action complex

Question 73

a party has to bring compulsory counterclaims when they arise out of the same transaction or occurrence AND don't require presence of a third parties that the court has no control over

Question 74

if there's no activity in a case for 10 months notice of that has been served if after 60 days of the notice there is still no activity then the case will be dismissed WITHOUT prejudice

Question 75

within how many days do u need to hold mediation/arbitration hearing after its ordered?

Answer 75

60 days

Question 76

to file a med mal action:

Answer 76

> mail notice of intent to initiate litigation > then wait 90 days until filing

Question 77

clerical mistakes can be corrected at any time

Question 78

after receiving an amended pleading, a party has 10 days to respond