FL Rules of Civil Procedure Flashcards
(80 cards)
1
Q
Timing
FL Civ Pro
A
- Don’t count first day.
- Count last day except weekends and holidays.
- < 7 days = don’t count weekends and holidays.
- Service by mail = add 5 days.
- Service complete by mail = when mailed.
2
Q
Enlargement
(List 7 that CANNOT be enlarged)
FL Civ Pro
A
- Any time prescribed may be enlarged by the court with or without motion if a request is made before the time expires (just ask and show good cause).
- The court may NEVER extend time for the following (memorize these):
- Motion for belated directed verdict: 15 days after return of verdict if timely MDV made
- Motion for new trial or rehearing: 15 days after return of verdict
- Sua sponte grant of a new trial
- Motion for relief from judgment: Before appeal docketed w/o leave (clerical mistakes), within reasonable time (voidness, judgment satisfied, revered or vacated); within 1 year (mistake, inadvertence, surprise, excusable neglect, misconduct of a party, or newly discovered evidence)
- Motion for amendment of judgment: 15 days after filing of judgment.
- Notice of appeal: 30 days from date of order being appealed.
- Petition for certiorari: within 30 days of action to be reviewed.
3
Q
Venue
FL Civ Pro
A
- Venue is proper (1) county where cause of action occurred or (2) county where any defendant resides.
- When filed in wrong venue, the court may transfer to any county where venue could have been brought.
- When venue might have been in 2 or more counties, plaintiff may select county to which is it transferred to.
- If no selection is made, the court will determine which venue to transfer to.
- Method: Plaintiff must pay service charge to the clerk of court where the action is being refiled within 30 days from date the transfer order is filed.
- If not paid within 30 days, action is dismissed without prejudice by the court that ordered the transfer.
4
Q
Pleadings (Listed)
FL Civ Pro
A
- Complaint
- Answer
- Reply to Answer
- 3rd Party Complaint (Impleader)
- Answer to 3rd Party Complaint
- Counter Claim
- Answer to a Counter Claim
- Cross Claim
- Answer to Cross Claim
5
Q
Contents of a Claim
FL Civ Pro
A
- Short, plain statement of the grounds of jurisdiction;
- Short, plaint statement of the ultimate facts showing the pleader is entitled to relief; and
- A demand for judgment for relief to which the pleader deems himself entitled, which may be in the alternative for several different types. (must state “I want an injunction / I want monetary damages, etc.)
6
Q
Pleading Special Matters
(List 4)
FL Civ Pro
A
Certain matters must be plead with specificity:
- Capacity or authority to sue on behalf of a minor (must state minor’s age) or to challenge the capacity of any person.
- Fraud, mistake, condition of mind
- Non-occurrence of a condition precedent (NOTE: Generally, conditions precedent are plead generally, however its non-occurrence must be plead with specificity).
- Special damages (determined by a specific dollar amount)
- Ex. Lost wages, property damage, medical treatment (past and future), etc.
7
Q
Defense Motions (4 listed) (and Timing)
FL Civ Pro
A
- Motion for More Definite Statement: (complaint is vague or ambiguous): Any time before responsive pleading is filed. PRE-ANSWER MOTION.
- Motion to Strike (pleading is redundant, immaterial, scandalous): Brought at any time.
- Motion to Strike Sham Pleading (Fla. R. Civ. P. 1.150)
- Motion for Judgment on the Pleadings (after pleadings are closed)
- NOTE: Motion for Judgment on the Pleadings = Similar to MSJ; asks judge to dismiss action because the plaintiff did not file a proper complaint. Usually filed by D to test the sufficiency of a complaint, but can also be used by P to test the sufficiency of the answer.
- Differs from MSJ - Judge only looks at pleadings. Happens right after the pleadings.
8
Q
Defense’s Pre-Answer Motions: Motions to Dismiss
FL Civ Pro
A
A motion making any of these defenses MUST be made before pleading if a further pleading is permitted. .
(NOTE: Bolded ones may be waived by D if not contained in pre-answer motion or answer, not bolded can be brought at ANYTIME):
- Lack of SMJ
- Lack of PJ
- Improper venue
- Insufficiency of process
- Insufficiency of service of process (must be 15 years of age or older)
- Failure to state a claim upon which relief can be granted
- Failure to join an indispensable party
9
Q
Timing for Responsive Pleadings Following Defense’s Pre-Answer Motions
FL Civ Pro
A
- If court denies the defense motion or postpones, a responsive pleading (i.e. an answer) must be filed within 10 days after notice of the court’s order.
- NOTE: Defendant usually has 20 days from filing of pleading to file an answer.
10
Q
Answer
FL Civ Pro
A
- Timing: 20 days after service of complaint.
- Either admits or denies allegations of the pleading.
- Failure to deny constitutes an admission.
- Defenses must be stated in short, plain terms.
- General denials are permitted but not favored.
- Affirmative defenses must be plead with specificity (i.e., SofF, latches, accord and satisfaction - basically, defenses raised in a tort or contracts action).
11
Q
Reply
A
- If an answer contains an affirmative defense, P is required to file a reply.
- Timing: Within 20 days of service of the answer (same timing as answer).
12
Q
Amendment to Pleadings
FL Civ Pro
A
- A pleading may be amended ONCE as a matter of course before a responsive pleading (i.e. answer or reply) is served OR within 20 days of service of the pleading without approval fo the court.
- After 20 days, need court approval before amending.
13
Q
Crossclaim
FL Civ Pro
A
- Claim against party on the same side of “v” (P vs. P for D vs. D)
- Must come out of same transition or occurrence OR same property that is subject of the suit.
- Can be filed in answer OR separate pleading.
14
Q
Counterclaim
FL Civ Pro
A
- Claim against P by D
- Compulsory Counterclaim: Same transaction or occurrence = Counterclaim MUST be filed in answer or permanently waived.
- Permissive Counterclaim: Not the same transaction or occurrence (i.e. car accident action, dog bite counterclaim). Can be filed in answer or separate pleading.
15
Q
Impleader
(NOTE: Will 100% be tested)
FL Civ Pro
A
- Party brings third party into the action who may be liable to party for all or part of the claims against them (can be brought by both P and D)
- D can bring in third party liable for P’s claim OR P can bring in third party liable for D’s counterclaim.
- Can be brought at any time after commencement of the action.
- Defendant: Leave of court needed, unless brought within 20 days after D serves answer.
- Third-party defendant must file answer to D’s claims, and can make counterclaims against D and assert claims against P. Can also implead another party.
- Arises out of same transaction or occurrence (obviously)
- NOTE: Remember, IMpleader brings 3rd party IN to the action.
16
Q
Intervention, Interpleader, and Impleader
(Will be tested)
FL Civ Pro
A
- Intervention: Anyone with an interest can join (“intervene”) at any time. NOTE: At the discretion of the judge. Can make a motion to intervene at anytime during the action before jury enters. Rule 1.230
- Interpleader: P lets parties fight. NOTE: Usually with insurance companies. A holds property that he does not own, but that both B and C are claiming. A can sue B and C in an interpleader action where they can litigate who actually owns the property. Rule 1.240
- Impleader: Brings third party into fight. Rule 1.180
17
Q
Timing on Pleadings
FL Civ Pro
A
- Complaint: Served within 120 days
- Pre-Answer Motion: 20 days. Service of motion (not motion to strike/judgment on the pleadings) extends time to file answer by 10 days.
- Answer: Within 20 days of service of complaint.
- Reply: Within 20 days of service of answer.
- Compulsory Counterclaim: MUST be brought in answer or permanently waived; within 20 days after service of complaint.
- Permissive Counterclaim and Crossclaim: Can be brought in answer or separate pleading.
- Impleader: Party must bring within 20 days after service of answer; after service must get leave of court.
- Amended Pleading: Can amend once as a matter of course before response OR within 20 days if no response required & not on trial calendar.
- Response to Amended Pleading: 10 days after service.
18
Q
Voluntary Dismissal
(Heavily tested)
FL Civ Pro
A
- P can dismiss any time before trial, or during trial before jury deliberates (unless property seized, or a hearing on MSJ has been scheduled).
- Before trial: serve notice of dismissal;
- During trial: state it on the record;
- Or can have a stipulation signed by all current parties.
- 1st time = Without prejudice, next time becomes an adjudication on the merits (with prejudice).
- NOTE: Very likely to be hit with attorneys fees if you dismiss.
19
Q
Involuntary Dismissal
FL Civ Pro
A
- Motion to Dismiss for failure to comply with the rules or any order of the court.
- Can be brought by judge or either party for ANY claim (including counterclaims, crossclaims, etc.
- Notice of Hearing required.
- Can bring during trial after completion of evidence by other party. (Not the same as a motion for directed verdict!)
- Judgment acts as an adjudication on the merits (with prejudice) except for dismissal based on:
- Lack of jurisdiction
- Venue
- Failure to join an indispensable party
- Court orders otherwise
20
Q
Motion to Dismiss for Failure to Prosecute
FL Civ Pro
A
- No activity (no filing of pleadings, order of court, etc.) for 10 months (roughly 300 days, to help you remember) after complaint filed.
- No stay has been issued.
- Any interested person (need not be a party), court, or clerk can file.
- Notice of no activity is sent.
- Hearing required.
- Dismiss by court or on motion of any interested person if no activity within 60 days of notice; or
- If no good cause in writing 5 days before hearing.
- Mere inaction for a period of less than one year is not sufficient cause for dismissal for failure to prosecute.
21
Q
Lis Pendens
FL Civ Pro
A
- = a filed notice to third parties that parties are litigating over real property.
- Must be filed in county where property is located.
- Protects plaintiff from any intervening liens on the property filed after the lis pendens. yf5ts
- Automatically dissolved if claim is voluntarily dismissed
- Must record dismissal to remove the lis pendens
22
Q
Temporary Injunctions
FL Civ Pro
A
- Can be granted Ex Parte (without notice to adverse party) only if:
- Affidavit w/ specific facts showing immediate and irreparable damage will result before adverse party can be heard.
- Certificate in writing stating any efforts made to give notice and reasons why notice should not be required.
- No additional evidence besides affidavit and certificate unless party appears and has notice.
- Every temp. injunc. granted w/o notice must:
- Be endorsed w/ the date and hour of entry
- Be filed w/ the clerk
- State the reasons why injury may be irreparable
- State why it was granted w/o notice.
- Will remain in effect until further order of the court.
- NOTE: Bond amount (LIQUIDATED DAMAGES) MUST be set by the court that will go to D if injunction is improperly issued.
23
Q
Motion for Summary Judgment (General)
(Will be tested)
FL Civ Pro
A
- Either party can make motion
- Can be made for all or part of the claim (partial MSJ)
- Decision is on the merits (with prejudice)
- Evidence must show that there is “no genuine issue of material fact and the moving party entitled to judgment as a matter of law.”
24
Q
MSJ: Timing
FL Civ Pro
A
- Claimant: Party seeking to recover on a claim, counterclaim, cross claim, or 3rd party claim can file a MSJ 20 days after the commencement of the action OR anytime after the other side files an MSJ.
- Defending Party: Party against whom a claim, counterclaim, etc. can file an MSJ at any time.
- Moving party must serve MSJ at least 20 days before the hearing.
- Adverse party must respond by mailed notice at least 5 days before hearing, OR hand deliver at least 2 days before hearing before 5pm.
25
Substitution of Public Officer
**FL Civ Pro**
If sued in official capacity and leaves office/resigns/dies, successor automatically substituted. No new action required.
26
Discovery Definition
**FL Civ Pro**
Parties can discover anything “**reasonably calculated to plead to the discovery of admissible evidence**”
27
Depositions
(Heavily tested)
**FL Civ Pro**
* **Must wait 30 days after service of process of initial pleading on defendant,** or need court order, unless:
* Witness is leaving the state and will be unavailable, or
* Defendant has served discovery request.
* Subpeona witnesses (do not need to subpoena parties to action, just serve notice.)
* Must give reasonable notice in writing to all parties stating time, place, and person to be deposed.
* Can videotape _w/ notice._
* Need court order if deposition via telephone or if the witness is in prison.
[Rule 1.310](http://floridarules.net/civil-procedure/rule-1-310-depositions-upon-oral-examination/)
28
Subpoenas
**FL Civ Pro**
* Issued by clerk (oral request) or lawyer.
* Can move to quash or modify.
* Who can serve?:
* Authorized by law t serve process
* **\< 18 yrs. old and NOT a party** (proof by affidavit)
* **Depo can be taken only where deponent lives, works, or transacts business in person.**
* Failure to comply: Held in contempt unless adequate excuse; may have to pay costs.
[Rule 1.410](http://floridarules.net/civil-procedure/rule-1-410-subpoena/)
29
Deposition Needed Before Action
**FL Civ Pro**
1. Party must file a **Motion to Perpetuate Testimony.**
2. Used to preserve testimony of an expected defendant before action is filed.
3. Must be filed in the Circuit Court in county where potential adverse party lives.
4. **Verified petition must state**:
* Expects them to be party to an action in FL
* Currently unable to bring case
* Subject matter of the expected action & petitioner's interest
* Names/addresses or description of deponents
* The testimony expected to be elicited from them
5. **Notice and Service**:
* At least **20 days before hearing**.
* Served like a summons.
* Court can order service by publication if service cannot be made with due diligence.
[Rule 1.290](http://floridarules.net/civil-procedure/rule-1-290-depositions-before-action-or-pending-appeal/)
30
Production of Documents
**FL Civ Pro**
* Served on parties
* Applies to documents in possession or control of party
* Right to inspect & copy
* Documents, tangible things, land
* **Response**: Inspection allowed or objections.
* **Timing:** Within **30 days** after request sent, or 45 days if defendant is answering.
[Rule 1.350](http://floridarules.net/civil-procedure/rule-1-350-production-of-documents-and-things-and-entry-upon-land-for-inspection-and-other-purposes/)
31
Production of Documents from Non-Parties
**FL Civ Pro**
* Applies to documents needed from non-parties.
* **Subpoena duces tecum** without deposition
* **Must give notice to parties of intent to serve subpoena**:
* **10 days before issuance** if delivered
* **15 days before issuance if mailed**
* Party can object **within 10 days** of service.
* _Motion to Quash or Modify_: A court may on motion quash or modify the subpoena if unreasonable or oppressive
* If no objection, subpoena is issued.
* Production required in person only in county where documents custodial lives, works for conducts business.
Rule 1.351
32
Discovery: Testifying Experts
**FL Civ Pro**
* **Can send interrogatories to identity**:
* Expert
* Subject matter
* Facts/opinions
* Summary of grounds for opinion.
* **Can be required to tell**:
* Payment received for case
* Litigation experience (% defendant/plaintiff)
* Other cases worked on
* % hours, # hours for % income as expert
* **CANNOT ASK FOR**:
* Income as expert for other jobs
* Financial records.
33
Discovery: Consulting Experts
**FL Civ Pro**
= Non-testifying expert
* Exceptional circumstances only, can't get a lot from them.
* Must show it is i**mpracticable to get facts/opinions by other means**
* Asking party will be **liable for paying expert's fees.**
34
Interrogatories
**FL Civ Pro**
* **Deadline:** Answered within 30 days of service **unless defendant**, in which it must be answered **within 45 days.**
* Limited to 30 interrogatories.
35
Class Actions: Requirements (Listed)
**FL Civ Pro**
1. **Numerosity** (no min. #)
2. **Commonality**
3. **Typicality**
4. **Adequacy**, **AND one of the following**:
1. Risk of inconsistent results
2. Separate case would decide rights of nonparties
3. Injunctive relief appropriate for whole class, **OR**
4. Common questions of law of fact predominate AND class action is best way to resolve.
[Rule 1.220](http://floridarules.net/civil-procedure/rule-1-220-class-actions/)
36
Class Action: Notice Requirement
**FL Civ Pro**
* All members who can be identified and located must be given notice.
* Must either stay in or opt out.
* Judgment includes all who don't opt out.
* Can make separate appearances.
37
Class Action: Dismissals / Compromises
**FL Civ Pro**
A class action may not be voluntarily dismissed or settled without judicial approval after notice to all members of the class.
38
Demand for Jury Trial
**FL Civ Pro**
* **Must demand within 10 days** of service of last pleading.
* Specify issues
* Other party can add other issues within 10 days of service of demand.
* **Failure to demand = waiver of jury trial**.
* Can grant with consent of parties
* Allow amendment
* Sua sponte (judge can demand jury trial)
* **Can't withdraw demand without consent of parties.**
[Rule 1.430](http://floridarules.net/civil-procedure/rule-1-430-demand-for-jury-trial-waiver/)
39
Jury Trial: Challenges for Cause
**FL Civ Pro**
* **Unlimited number**
* **Grounds for Cause: (can support with evidence):**
* Related to party, lawyer, person alleged liable or person wronged.
* Interested in case
* Formed for expressed opinion
* Biased or prejudiced
* Served as juror within past year
* Cant read, write, or do math (if necessary)
* Employed by party or person alleged liable
* We challenge within 30 days before trial.
40
Jury Trial: Peremptory Challenges
**FL Civ Pro**
* **Each party involved gets 3**
* If number of parties unequal (ex. two defendants, one plaintiff), both sides get same number.
* Ex. If 2 plaintiffs and 3 defendants, each side would get a total of 9 peremptory challenges .
* Alternates: For each alternate juror, each party gets 1 peremptory challenge.
41
Questions by Jurors
**FL Civ Pro**
* In writing, unsigned, given to bailiff
* After lawyers finish.
* Judge reads to lawyers outside presence of jury.
* Lawyers can object.
42
Juror Notebooks
**FL Civ Pro**
* Same as Criminal.
* Judge's discretion.
43
Use of Depositions
**FL Civ Pro**
1. Evidence rules apply.
2. Can use depo for any reason if witness is:
* Dead
* Adverse party
* Expert
* \> 100 miles from hearing
* Out of state
* Unable to attend/testify because of age, illness, infirmity, prison
* Unable to be subpoenaed
* Add other parts that “in fairness ought to be considered.” (Rule of completeness).
[Rule 1.330](http://floridarules.net/civil-procedure/rule-1-330-use-of-depositions-in-court-proceedings/)
44
Motion to View (to view scene, etc.)
**FL Civ Pro**
* Must show judge it is **“necessary to a just decision.”**
* Moving party pays costs
* Including officer to attend jury
* Taxed as costs, can be recovered by prevailing party.
[Rule 1.520](http://floridarules.net/civil-procedure/rule-1-520-view/)
45
Motion for Continuance
**FL Civ Pro**
* Pauses the action
* Must be in writing (unless at trial); and
* Must be signed by party (unless good cause)
* Must state the facts that the movant believes entitles them to a continuance.
* If continuance is because of unavailability of witness, must state when they expect witness to be available.
[Rule 1.460](http://floridarules.net/civil-procedure/rule-1-460-continuances/)
46
Motion for Directed Verdict
**FL Civ Pro**
1. **Made at the close of evidence.**
* P presents case.
* D makes MDV
* If denied, D puts on case, then P makes MDV.
* Then typically at end, each side will make a Motion for Belated Directed verdict.
2. Must state specific grounds.
3. Can join with Motion for New Trial (asking judge to give either/or).
4. **Motion for Judgment in Accordance with MDV** (ie, “Motion for Belated Directed Verdict”):
* 15 days after return of verdict OR
* 15 days after jury discharged.
* **NOTE:** JUDGE CANNOT ENLARGE THIS TIME!
[Rule 1.480](http://floridarules.net/civil-procedure/rule-1-480-motion-for-a-directed-verdict/)
47
Verdict - Punitive Damages
**FL Civ Pro**
* Punitive damages must be stated separately from all other damages on form.
* Punitive damages capped at 3x compensatory damages OR $500,000, whichever is greater.
* No cap if D is intoxicated at time.
* Must be proved by clear and convincing evidence.
* Must show gross negligence or willful misconduct.
48
Motion to Poll Jurors
**FL Civ Pro**
Same as criminal procedure.
49
Motion to Interview Jurors
**FL Civ Pro**
* Used to determine if there is a legal challenge to the verdict (ie., juror misconduct during deliberations)
* Motion must be served **within 15 days of verdict** except for good cause.
* May all interview but must prescribe the place, manner, conditions, and scope of the interview.
50
Motion for Costs & Attorneys' Fees
**FL Civ Pro**
* Filed **30 days** after:
* Judgment is filed OR
* Notice of voluntary dismissal served.
[Rule 1.525](http://floridarules.net/civil-procedure/rule-1-525-motions-for-costs-and-attorneys-fees/)
51
Post-Trial Motions: Motion for New Trial or Rehearing
**FL Civ Pro**
* Can be granted to all or any of the parties and on all or part of the issues.
* **On a motion for rehearing** (ex. summary judgments), the court may open the judgment, take additional testimony, and enter a new judgment.
* Served **15 days** after return of jury verdict or filing of judgment in non-jury actions (bench trial, or rehearing).
* Court may on its own (within 15 days as well) order a rehearing or a new trial.
* May file affidavits:
* **File opposing affidavits 10 days after service of motion**
* **20 additional days** if good cause or parties stipulate.
* **Non-jury cases only**: Parties can bring the issue raised up during appeal regardless if they objected to it in trial court, or made a motion for rehearing, for new trial, or to alter/amend the judgment.
[Rule 1.530](http://floridarules.net/civil-procedure/rule-1-530-motions-for-new-trial-and-rehearing-amendments-of-judgments/)
52
Post-Trial Motions: Relief from Judgment
**FL Civ Pro**
**= a request made to the court to correct a mistake in the judgment. (Judgment has been entered against you incorrectly.**
**Ex. Court calculated a deadline incorrectly and dismissed case; likely under “mistake" and must be brought within a year.**
1. **Timing and Grounds: “Before appeal is docketed, leave of appellate court needed after docketed”:**
* Clerical mistakes, errors arising from oversight or omission
* Can be sua sponte (the court on its own) or by motion of party
**2. Timing and Grounds: "Within a reasonable time"**:
* Voidness
* Judgment satisfied
* Prior judgment reversed
**3. Timing and Grounds: “Within 1 Year”**:
* Mistake (ex. Remember Kemp case)
* Inadvertence
* Surprise
* Excusable neglect
* Misconduct by party (fraud, misrepresentation, etc.)
* Newly discovered evidence not previously discoverable by due diligence.
[Rule 1.540](http://floridarules.net/civil-procedure/rule-1-540-relief-from-judgment/)
53
Procedure in Medical Malpractice Claims
**FL Civ Pro**
1. Pre-suit investigation
2. Notice of intent to sue
3. Pre-suit screening process by defendant
4. Discovery
5. Voluntary binding arbitration (alternative to suing in circuit court)
54
Timing: When must a counterclaim or cross claim be brought?
**FL Civ Pro**
Counterclaims and cross claims MUST be brought in an answer.
55
Timing: When must an impleader action be brought?
**FL Civ Pro**
An impleader must be brought within 20 days after service of defendant's answer without leave of court.
56
Timing to Respond to an Amended Pleading
**FL Civ Pro**
10 days after service
57
Timing to Amend a Pleading
**FL Civ Pro**
A pleading can be amended _anytime before a response_ **OR** _within 20 days_ if no responsive pleading required and not on trial calendar.
58
Objections During Depositions
**FL Civ Pro**
A party can only instruct a deponent not to answer when necessary to:
* Preserve a privilege;
* Enforce a limitation on evidence directed by the court;
* to present a motion under subsection (d) ("Motion to Terminate or Limit Examination)
[Rule 1.310](http://phonl.com/fl_law/rules/frcp/frcp1310.htm)
59
Timing: Complaint
120 days to serve defendant with and summons UNLESS good cause/excusable neglect shown.
60
Timing: Answer
20 days after service of complaint/summons.
61
Timing: Pre-Answer Motion
20 days after service of complaint and summons; 10 day extension added to file answer.
62
Timing: Reply
20 days.
63
Timing: Amended Pleading
Once before responsive pleading is filed, or if no responsive pleading necessary and not on trial calendar, 20 days after filing.
64
Timing: Response to Amendment
10 days.
65
Timing: Compulsory Counterclaim
Must be brought in answer or responsive pleading or else is permanently waived.
3 EXCEPTIONS WHEN NOT WAIVED:
1. Counterclaim requires the presence of 3rd party outside of court's jurisdiction;
2. Counterclaim was already subject matter of another pleading; OR
3. Counterclaim to which a responsive pleading is being filed was not based on personal jurisdiction.
66
Timing: Permissive Counterclaim
Can be brought in answer or separate pleading.
67
Timing: Crossclaim
Can be brought in answer or separate pleading.
68
Timing: Answer to Crossclaim and Counterclaim
20 days.
69
Timing: Motion to Strike
Motion can be made at any time (does not toll time for answer).
70
Timing: Motion for More Definite Statement
Any time before responsive pleading is filed.
71
Timing: Motion to Dismiss
Depends on what defenses are raised in MTD.
**_Must be brought in pre-answer motion or answer, OR any amended answer or are permanently waived:_**
1. Lack of PJ
2. Insufficient service
3. Insufficient service of process
4. Improper venue.
**_Can be brought at any time, including trial and first time on appeal:_**
1. Lack of SMJ (can be waived for first time on appeal.
**_Can be brought at any time during the initial action, but at trial only on court's discretion and NEVER for the first time on appeal:_**
1. Failure to state a claim
2. Failure to state a legal defense
3. Failure to join an indispensable party.
72
Timing: Motion for Judgment on the Pleadings
After pleadings are closed, but before trial.
73
Timing: Impleader
20 days after answer has been filed.
74
Timing: Motion for Substitution of Deceased Party
90 days after date of death
75
Timing: Notice of Appeal
30 days of appealable order.
76
Timing: Inadvertent Disclosure of Privileged Material
10 days to assert privilege, 20 days to challenge privilege.
77
Timing: Case Management Conference - Schedule Date of Trial
Parties may schedule the trial with at least 30 days notice required.
## Footnote
**Discretionary conference.**
78
Timing: Pretrial Conference
At least 20 days notice prior to scheduling of pretrial conference.
## Footnote
**Mandatory Conference.**
79
Timing: Demand for Jury Trial
Must be made no longer than 10 days after service of last pleading directed to such issue.
Must be in writing or it is waived.
80
Florida Supreme Court Jurisdiction
MANDATORY APPELLATE JURISDICTION:
1. Capital Cases
2. Constitutional Questions
3. Bond Validations
4. Public Utility Questions
Discretionary Review:
1. DCA decisions
2. Trial court orders certified by District Court to be of great public importance or have a great effect on the proper administration of justice
3.
