Kahoots and Quizes

Question 1

Which entity has the authority to adopt rules of practice and procedure for the Florida courts?
a. The Florida Legislature
b. The Governor
c. TheFlorida Supreme Court
d. The Florida Bar Civil Rules Committee

Answer 1

c. TheFlorida Supreme Court

Question 2

The dismissal with prejudice of a prematurely filed claim bars a subsequent action once the claim has ripened.
True or False?

Answer 2

False

Question 3

Where the passage of time will cure the premature nature of a claim, the matter should be abated and not dismissed
True or False?

Answer 3

True.

Question 4

Governmental entities CANNOT waive or be estopped from asserting statutory claim notice requirements.
True or False?

Answer 4

False

Question 5

Which of the following are required for waiver or estoppel to assert compliance with statutory notice requirements?
a. Actual knowledge of the claim
b. Investigation of the claim
c. Detrimental reliance by the plaintiff
d. All of the above

Answer 5

d. All of the above

Question 6

The multiple publication rule should be applied to determine the statute of limitations on a credit slander claim.
True or False?

Answer 6

True

Question 7

Manifestation is used to determine when the SOL begins to run in cases involving a latent or “creeping” disease.
True or False

Answer 7

True

Question 8

Insurers do NOT stand in shoes of their insured with respect to the SOL in a subrogation action against the tortfeasor.
True or False?

Answer 8

False

Question 9

The defendant’s absence from Florida tolls the running of the SOL.
True or False

Answer 9

False

Question 10

The “delayed discovery” doctrine tolls the SOL until the plaintiff either knows or reasonably should know of the claim.
True or False?

Answer 10

False

Question 11

Where can a tort action against the State of Florida and its political subdivisions be commenced?

a. Where the cause of action accrued
b. Where the plaintiff resides
c. Where the property in litigation is located
d. In the county where the entity maintains its principal headquarters

Answer 11

d. In the county where the entity maintains its principal headquarters

Question 12

True or False:
“Substantive law” is the method of conducting litigation involving rights and corresponding defenses

Answer 12

False

Question 13

True or False
It is NOT necessary for ALL elements of a cause of action to exist and be complete before commencing an action

Answer 13

False

Question 14

True or False
The dismissal on the pleadings of a prematurely filed claim does NOT constitute an adjudication on the merits

Answer 14

True

Question 15

True or False
The dismissal on the pleadings of a prematurely filed claim does NOT constitute an adjudication on the merits

Answer 15

False

Question 16

Which of the following factors are NOT considered under the “significant relationships” test?
a. The place where the injury occurred
b. The location of the lawyer’s office
c. The domicile of the parties
d. The place where the relationship was centered

Answer 16

b. The location of the lawyer’s office

Question 17

Which of the following are NOT pleadings?
a. Complaint
b. Motion to Dismiss
c. Counter-Claim
d. Answer

Answer 17

b. Motion to Dismiss

Question 18

Which of the following is NOT REQUIRED in a CLAIM FOR RELIEF?
a. A short and plain statement of the basis for the court’s jurisdiction
b. A demand for judgment for the relief sought by the pleader
c. Allegations of the ultimate facts showing entitlement to relief
d. Any affirmative defense or avoidance

Answer 18

d. Any affirmative defense or avoidance

Question 19

True or False
Statute of limitations begins to run upon accrual of cause of action

Answer 19

True

Question 20

True or False
Application of the delayed discovery doctrine tolls the statute of limitations

Answer 20

False

Question 21

True or False
An insurance company in a subrogation action stands in shoes of its insured with respect to the statute of limitations

Answer 21

True

Question 22

True or False
A cause of action ACCRUES when the last element constituting the cause of action occurs

Answer 22

True

Question 23

True or False
A cause of action is commenced when the defendant is served with a summons and complaint

Answer 23

False

Question 24

True or False
A party CANNOT seek both LEGAL remedies and EQUITABLE remedies in the same action

Answer 24

False

Question 25

True or False Verification of ALL pleadings is REQUIRED under the Florida Rules of Civil Procedure

Answer 25

False

Question 26

Which of the following are REQUIRED to estop a government entity from asserting statutory claim notice requirements? a. Pursuit of an Investigation b. The existence of insurance to cover the claim c. Detrimental reliance by the plaintiff d. Both a and c above

Answer 26

d. Both a and c above

Question 27

True or False If the premature nature of an action is curable simply by the passage of time, the matter should be ABATED

Answer 27

True

Question 28

True or False All elements of a cause of action must exist and be complete before an action may properly be commenced

Answer 28

True

Question 29

True or False Procedure encompasses the course, form, manner, means, method or process by which a party enforces substantive rights

Answer 29

True

Question 30

True or False A FOREIGN corporation MAY be sued in a county where it has an agent or other representative

Answer 30

True

Question 31

Where MAY a DOMESTIC corporation be sued? a. Where it keeps an office for transaction of its customary business b. Where the cause of action accrued c. Where the property in question is located d. All of the above

Answer 31

d. All of the above

Question 32

When is service of pleadings by email COMPLETE? a. Service is complete on the date it is sent b. Service is complete on the date of receipt of a delivery receipt c. Service through the Portal is complete on the date of electronic filing d. Both a and c above

Answer 32

d. Both a and c above

Question 33

How can the time for completing an act required by the rules or a court order be enlarged after it has EXPIRED? a. By showing ONLY good cause b. By showing ONLY excusable neglect c. By showing BOTH good cause AND excusable neglect d. None of the above

Answer 33

c. By showing BOTH good cause AND excusable neglect

Question 34

True or False A motion must ALWAYS be in writing

Answer 34

False

Question 35

Which of the following is TRUE about motions? a. It is an application to the court for an order b. A motion MUST state the grounds for it with particularity c. A motion MUST set forth the relief or order sought d. All of the above

Answer 35

d. All of the above

Question 36

True or False The BEST PRACTICE for establishing excusable neglect is through the use of supporting affidavits

Answer 36

True

Question 37

True or False Parties get an extra 5 days to perform tasks or comply with court orders after service by email

Answer 37

False

Question 38

Which of the following are excused from email service of court papers? a. A pro-se litigant who can demonstrate no internet or email address b. A party who is in custody and who is not represented by an attorney c. Upon court order, a lawyer who can show no internet or email address d. All of the above

Answer 38

d. All of the above

Question 39

True or False Affirmative defenses limit or excuse a defendant's civil liability

Answer 39

True

Question 40

True or False It IS NOT necessary to plead FRAUD with specificity

Answer 40

False

Question 41

Which of the following are affirmative defenses under Rule 1.110? a. Accord and satisfaction b. Capacity to sue c. Punitive damages d. All of the above

Answer 41

a. Accord and satisfaction

Question 42

True or False A pleading which sets forth a claim for relief must contain a demand for judgment for the relief sought by the plaintiff

Answer 42

True

Question 43

True or False A pleading which sets forth a claim for relief CANNOT seek relief in the alternative or of several different types

Answer 43

False

Question 44

True or False Other than allegations of damages, failure to deny an allegation to which a response is required is deemed an admission

Answer 44

True

Question 45

True or False A pleading can assert alternate and inconsistent theories of relief

Answer 45

True

Question 46

True or False A motion is a pleading

Answer 46

False

Question 47

True or False The Chief Justice of the Florida Supreme Court can enter orders that suspend, extend, toll, or otherwise change time

Answer 47

True

Question 48

True or False A claim for relief does NOT need to contain a a short and plain statement of the basis for the court’s jurisdiction

Answer 48

False

Question 49

Which of the following MUST be plead with SPECIFICITY? a. Capacity to sue b. Malice c. Special Damages d. Knowledge

Answer 49

c. Special Damages

Question 50

True or False A answer raising an affirmative defense must contain a short/plain statement of ultimate facts supporting the defense

Answer 50

True

Question 51

How many days advance notice are required for a deposition? a. 14 days notice b. 10 days notice c. 20 days notice d. None of the above

Answer 51

d. None of the above

Question 52

Under what circumstances is it appropriate to instruct the witness not to answer a question at a deposition? a. The question calls for an admissible hearsay response b. The question asks for evidence protected by privilege c. The question asks for information that is not relevant d. The question asks for an answer in the form of an opinion

Answer 52

b. The question asks for evidence protected by privilege

Question 53

Who may attend the deposition of a minor child? a. The child's attorney b. The child's parents c. The child's guardian ad litem d. All of the above

Answer 53

d. All of the above

Question 54

What is the maximum number of requests for admission that can be served without leave of court? a. 100 b. 50 c. 30 d. 75

Answer 54

c. 30

Question 55

What is the latest that you can serve a notice of inadvertent disclosure of privileged materials? a. 20 days after discovering the inadvertent disclosure b. 30 days after discovering the inadvertent disclosure c. 10 days after discovering the inadvertent disclosure d. 14 days after discovering the inadvertent disclosure

Answer 55

c. 10 days after discovering the inadvertent disclosure

Question 56

Which of the following can you obtain from an expert witness through discovery? a. The expert's college transcripts b. The expert's tax returns c. The expert's annual earnings d. The identity of other cases in which the expert has testified

Answer 56

d. The identity of other cases in which the expert has testified

Question 57

When may a party file information obtained through discovery with the court? a. Contemporaneously with serving the discovery response b. At the pretrial conference c. When allowed or required by court order or rule of procedure d. No later than 60 days before trial

Answer 57

c. When allowed or required by court order or rule of procedure

Question 58

Which of the following does REQUIRES leave of court? a. A video deposition b. The deposition of a prisoner c. A deposition by communication technology d. All of the above

Answer 58

b. The deposition of a prisoner

Question 59

Who is NOT permitted to attend a rule 1.360 compulsory examination? a. counsel for the defendant b. a court reporter hired by the plaintiff c. plaintiff's counsel d. a videographer hired by the plaintiff

Answer 59

a. counsel for the defendant

Question 60

What alternative responses to a request for admissions are expressly contemplated by the rule? a. An objection to the request b. A written response to the request c. No response at all d. All of the above

Answer 60

d. All of the above

Question 61

Which of the following is NOT an expert subject to the discovery provisions of rule 1.280? a. An accident reconstruction engineer b. A treating physician c. A physician performing a CME pursuant to rule 1.360 d. A forensic accountant

Answer 61

b. A treating physician

Question 62

Which of the following is not a method of discovery authorized under Rule 1.280? a. Interrogatories b. Video surveillance c. Request for admission d. Depositions on oral questions

Answer 62

b. Video surveillance

Question 63

Which of the following are protected by the work product privilege? a. Incident reports b. Witness statements c. Video surveillance d. All of the above

Answer 63

d. All of the above

Question 64

What is the BEST PRACTICE for responding to a request for production of your client's incident report? a. Produce the report b. Object based on relevance c. Object based on work product, supported by affidavits and privilege log d. None of the above

Answer 64

c. Object based on work product, supported by affidavits and privilege log

Question 65

True or False You CANNOT use the deposition of an opposing party as substantive evidence at trial

Answer 65

False

Question 66

True or False A non-resident plaintiff can be forced to travel to Florida for deposition

Answer 66

True

Question 67

True or False You are required to supplement/update your discovery responses promptly upon becoming aware of additional information

Answer 67

True

Question 68

True or False A party is NEVER entitled to production of her own statement

Answer 68

False

Question 69

True or False You CANNOT exclude the parents of a minor child from the minor child's deposition

Answer 69

True

Question 70

True or False Speaking objections that suggest the answer are permitted in depositions

Answer 70

False

Question 71

True or False The court can assess attorneys fees and costs against the party that fails to subpoena a non-party witness to deposition

Answer 71

True

Question 72

True or False The deposition of a party may be used by an adverse party for any purpose

Answer 72

True

Question 73

True or False Interrogatories may be propounded to non-parties

Answer 73

False

Question 74

True or False The court has the power to resolve objections made by a PARTY to a rule 1.351 notice of production from non-party

Answer 74

True

Question 75

True or False The party requesting a Rule 1.360 examination has the right to attend the examination and document it

Answer 75

False

Question 76

True or False A party can serve as many as 60 requests for admission, exclusive of subparts

Answer 76

False

Question 77

True or False A court should only strike pleadings for failure to comply with a discovery order if the conduct was contumacious

Answer 77

True

Question 78

True or False A party prevailing on a motion to compel discovery may be entitled to an award of attorney's fees

Answer 78

True

Question 79

True or False Contents of an insurance company claim file are NOT protected as work product

Answer 79

False

Question 79

True or False A witness is entitled to a copy of her own statement upon request

Answer 79

True

Question 80

True or False You need a court order to take the deposition of a prisoner

Answer 80

True

Question 81

True or False Under rule 1.310(b)(6), the witness designated by the entity is not required to possess any personal knowledge

Answer 81

True

Question 82

True or False You CANNOT depose additional corporate officers after taking a rule 1.310(b)(6) deposition of the corporation

Answer 82

False

Question 83

True or False A court order is required to take a deposition by "communication technology"

Answer 83

False

Question 84

True or False Objections during a deposition must be stated in a concise, non-argumentative and nonsuggestive manner

Answer 84

True

Question 85

True or False All objections other than to the form of the question during depositions are reserved

Answer 85

True

Question 86

True or False A party's answers to interrogatories CAN be admissible as substantive evidence

Answer 86

True

Question 87

True or False Under Rule 1.340(c), a party can answer interrogatories by referring to attached business records

Answer 87

True

Question 88

Which of the following is necessary in order to justify intervention under Rule 1.230? a. A direct interest in the outcome of the litigation b. An indirect interest in the outcome of the litigation c. An inconsequential interest in the outcome of the litigation d. A contingent interest in the outcome of the litigation

Answer 88

a. A direct interest in the outcome of the litigation

Question 89

Which of the following is an appropriate remedy for claims by or against misjoined parties? a. Dismissal b. Abatement c. Severance d. An order striking misjoined parties

Answer 89

c. Severance

Question 90

What factors must be considered by the court in ruling on a motion to consolidate? a. Unnecessary costs and delays b. Whether the litigation will be accelerated due to the consolidation c. The possibility for inconsistent verdicts d. All of the above

Answer 90

d. All of the above

Question 91

When may a party file documents obtained through discovery? a. The morning of trial b. The pretrial conference c. When filing is allowed by court order or applicable rule of procedure d. No later than 45 days before trial

Answer 91

c. When filing is allowed by court order or applicable rule of procedure

Question 92

Which of the following is NOT an "expert witness" under Rule 1.280? a. Accident Reconstruction Engineer b. CME physician c. Forensic Accountant d. Treating physician

Answer 92

d. Treating physician

Question 93

Which of the following are work product? a. Incident reports b. Witness statements c. Store security camera video d. Both a and b above

Answer 93

d. Both a and b above

Question 94

How much time does a party seeking intervention have to file a notice of appeal after an order denying intervention? a. 45 days b. 60 days c. 30 days d. 20 days

Answer 94

c. 30 days

Question 95

What information are you NOT entitled to obtain through discovery of an expert witness? a. The expert's tax returns b. The substance of the facts and opinions to which the expert will testify c. A summary of the grounds for each opinion d. The compensation paid to the expert for her services in the case

Answer 95

a. The expert's tax returns

Question 96

How many days does a party have to assert privilege with respect to inadvertently disclosed materials? a. Within 20 days of actually discovering the inadvertent disclosure b. Within 10 days of actually discovering the inadvertent disclosure c. Within 15 days of actually discovering the inadvertent disclosure d. Within 30 days of actually discovering the inadvertent disclosure

Answer 96

b. Within 10 days of actually discovering the inadvertent disclosure

Question 97

What is the BEST PRACTICE for responding to a request for production of an incident report? a. Produce the incident report b. Object based on relevance c. Object based on work product, supported by affidavits & a privilege log d. None of the above

Answer 97

c. Object based on work product, supported by affidavits & a privilege log

Question 98

What is your LEGAL obligation under the Rules to supplement discovery responses that were true and complete when made? a. To fully and completely supplement within in a timely manner b. To fully and completely supplement the discovery response within 30 days c. There is NO duty to supplement if the response was true and correct d. To fully and completely supplement the discovery response within 45 days

Answer 98

a. To fully and completely supplement within in a timely manner

Question 99

Which of the following can you obtain from an expert witness through discovery? a. The expert’s college transcripts b. The expert’s tax returns c. The expert’s annual earnings from all sources of income d. The identity of other cases in which the expert has testified

Answer 99

d. The identity of other cases in which the expert has testified

Question 100

What factors should NOT be considered by a court in deciding whether to allow intervention under the test of liberality? a. The residency and citizenship of the party seeking to intervene b. The size of the interest c. Potential for conflict or new interests d. The source of the interest

Answer 100

a. The residency and citizenship of the party seeking to intervene

Question 101

True or False Convenience of the lawyers is NOT a factor to considered by the court in ruling on a motion to consolidate

Answer 101

True

Question 102

True or False An expert witness must provide you with her college transcripts if requested in discovery

Answer 102

False

Question 103

True or False Incident reports prepared in anticipation of litigation are work product

Answer 103

True

Question 104

True or False A party responding to discovery with a response that was complete must supplement when learning of new information

Answer 104

True

Question 105

True or False The court should consider the possibility of inconsistent verdicts in ruling on a motion to consolidate

Answer 105

True

Question 106

True or False A court can consolidate actions from 2 different judicial circuits

Answer 106

False

Question 107

True or False Motions to consolidate MUST be made before trial

Answer 107

True

Question 108

True or False Interpleader requires ONE stakeholder, multiple claimants, and potential liability to ONLY one claimant

Answer 108

True

Question 109

A party is NOT entitled to a copy of her own statement

Answer 109

False

Question 110

True or False Under Rule 1.280(b)(1), the scope of discovery is limited to matters that would be admissible at trial

Answer 110

False

Question 111

How much advance notice is required for a deposition? a. 10 days b. 20 days c. 30 days d. None of the above

Answer 111

d. None of the above

Question 112

Under what circumstances is counsel permitted to instruct a witness to not answer a question at deposition?a. the question asks for inadmissible hearsay testimony b. The question asks for privileged information c. The question asks for an answer in the form of an opinion. d. The question is not relevant to the issues in the case

Answer 112

b. The question asks for privileged information

Question 113

Who may attend the deposition of a minor child? a. the minor’s attorney b. the minor’s parents c. the minor’s guardian d. All of the above

Answer 113

d. All of the above

Question 114

How many days following service of process on any defendant does a plaintiff need to wait before taking depositions? a. 30 days b. 60 days c. 90 days d. 120 days

Answer 114

a. 30 days

Question 115

Which of the following ALWAYS REQUIRES leave of court? a. A deposition by "communications technology" b. The deposition of a prisoner c. The deposition of a minor child d. An audiovisually recorded deposition

Answer 115

b. The deposition of a prisoner

Question 116

True or False A non-party must be served with a witness subpoena before being required to appear for a deposition

Answer 116

True

Question 117

True or False Any objections NOT made on the record at a deposition are considered forever waived

Answer 117

False

Question 118

True or False A deposition under Rule 1.310(b)(6) REQUIRES production of the witness with the MOST knowledge

Answer 118

False

Question 119

True or False You CAN exclude the parents/guardians of a minor from a deposition of the child without a court order

Answer 119

False

Question 120

True or False A court MUST grant separate trials on the issues of ENTITLEMENT to punitive damages and the amount of punitive damages

Answer 120

True

Question 121

Who can make a motion for substitution of parties on behalf of a deceased party? a. Counsel for the deceased party b. Counsel for the party opposing the deceased party c. The personal representative of the deceased party d. All of the above

Answer 121

d. All of the above

Question 122

How much time do you have to file a motion for substitution of parties after someone files a suggestion of death? a. 20 days b. 30 days c. 90 days d. 60 days

Answer 122

c. 90 days

Question 123

Which of the following are methods of discovery authorized under rule 1.280(a)? a. Interrogatories b. Video surveillance c. Requests for production d. Both a and c above

Answer 123

d. Both a and c above

Question 124

Which defenses can be made by motion at the option of the pleader? a. Failure to mitigate damages b. Comparative negligence c. Failure to perform all conditions precedent d. Failure to join an indispensable party

Answer 124

d. Failure to join an indispensable party

Question 125

Which defenses are waived if not raised in the initial responsive pleading or motion? a. Lack of jurisdiction over the person b. Lack of subject matter jurisdiction c. Improper venue d. Both a and c

Answer 125

d. Both a and c

Question 126

What entity has the authority to adopt rules of practice and procedure in the Florida courts? a. The Florida Legislature b. The Governor c. The Florida Supreme Court d. The Florida Bar Civil Procedure Rules Committee

Answer 126

c. The Florida Supreme Court

Question 127

Where can an action against the State of Florida and its political subdivisions be commenced? a. Where the cause of action accrued b. Where the plaintiff resides c. Where the property in question is located d. In the county where the state, agency or political subdivision maintains its principal headquarters.

Answer 127

d. In the county where the state, agency or political subdivision maintains its principal headquarters.

Question 128

Under which of the following circumstances is the state of Florida and/or its agencies or subdivisions NOT entitled to home venue privilege? a. Actions in which the state, its agency or political subdivision allegedly acts as a “sword wielder” b. Actions in which the state, its agency or subdivision has committed a tortious act c. Actions in which it has been alleged that the state, its agency or subdivision has breached a contract d. Actions in which the political subdivision is a municipal corporation

Answer 128

a. Actions in which the state, its agency or political subdivision allegedly acts as a “sword wielder”

Question 129

Which of the following must be asserted in a pleading which sets forth a claim for relief? a. A statement of the court’s jurisdiction b. A demand for judgment c. A short and plain statement of the ultimate facts showing that the pleader is entitled to relief d. All of the above

Answer 129

d. All of the above

Question 130

Which of the following MUST be alleged with particularity? a. Fraud. b. Capacity of a party to sue or be sued c. Performance or occurrence of conditions precedent d. Malice

Answer 130

a. Fraud.

Question 131

Which of the following are potential outcomes if a case is filed before it is ripe? a. Dismissal without prejudice b. Abatement until the claim matures c. Dismissal with prejudice if the action has proceeded to trial on the merits d. All of the above

Answer 131

d. All of the above

Question 132

Under Rule 1.120, which of the following MAY be pled generally? a. A party's capacity to sue or be sued b. Special damages c. Mistake d. Failure to perform conditions precedent

Answer 132

a. A party's capacity to sue or be sued

Question 133

When is a cause of action COMMENCED? a. When the complaint or petition is filed b. When the filing fee is paid c. When the complaint or petition is served on the defendant c. When the complaint or petition is served on the defendant d. None of the above

Answer 133

a. When the complaint or petition is filed

Question 134

Which of the following are PLEADINGS permitted under Rule 1.100? a. Complaint b. Motion to Dismiss c. Motion for Summary Judgment d. All of the above

Answer 134

a. Complaint

Question 135

Which of the following is true with respect to a motion seeking relief from the court? a. The motion must be made in writing unless made during a hearing or trial b. The motion must state with particularity the grounds for it c. The motion must set forth relief or order sought d. All of the above

Answer 135

d. All of the above

Question 136

Under Rule 1.310, how much advance notice is required for a deposition? a. Rule 1.310 requires 14 days notice b. Rule 1.310 requires 10 days notice c. Rule 1.310 requires “reasonable notice of depositions without specifying what constitutes reasonable notice d. Rule 1.310 7 days notice

Answer 136

c. Rule 1.310 requires “reasonable notice of depositions without specifying what constitutes reasonable notice

Question 137

Under what circumstances is a party’s counsel permitted to instruct a witness to not answer a question during a Rule 1.310 deposition upon oral examination? a. the question asks for hearsay testimony that would be inadmissible at trial b. the question asks for evidence protected by privilege c. the question asks the witness for an opinion concerning the ultimate legal issue in the case d. the question asked for information that is not relevant

Answer 137

b. the question asks for evidence protected by privilege

Question 138

How many days following service of process and initial pleading on any defendant does a plaintiff need to wait before taking depositions without first obtaining leave of court? a. 10 days b. 20 days c. 30 days d. 45 days

Answer 138

c. 30 days

Question 139

Which of the following is an appropriate remedy for claims by or against misjoined parties? a. Dismissal. b. Severance. c. An order striking the misjoined parties d. Abatement.

Answer 139

b. Severance.

Question 140

You have learned that your office inadvertently disclosed privileged materials in response to the opposing party’s discovery request. How many days after actually discovering the inadvertent disclosure do you have to serve written notice of the assertion of privilege on the party to whom the materials were disclosed? a. 20 days b. 30 days c. 10 days d. 14 days

Answer 140

c. 10 days

Question 141

By reading the newspaper, you’ve learned that the opposing party in a lawsuit has died. You then file a suggestion of death in the pending lawsuit. What must opposing counsel do in response to the filing of the suggestion of death? a. File a motion for substitution within 90 days after the death is suggested upon the record b. within 90 days of the suggestion of death, request an extension of time for substitution to commence probate proceedings and obtain appointment of a representative appropriate for substitution c. within 90 days of the suggestion of death, request that the action be abated until the estate or a proper legal representative has been substituted d. any of the above

Answer 141

a. File a motion for substitution within 90 days after the death is suggested upon the record

Question 142

Which of the following is NOT an expert witness subject to the discovery provisions of Rule 1.280? a. Accident reconstruction engineer b. treating physician c. physician performing a CME pursuant to Rule 1.360 d. a and c above

Answer 142

b. treating physician

Question 143

Which of the following are protected by the work product privilege? a. Incident reports b. witness statements c. surveillance films d. all of the above

Answer 143

d. all of the above

Question 144

Which of the following is necessary in order to justify intervention under Rule 1.230? a. An indirect interest in the outcome of litigation b. a direct interest in the outcome of the litigation, such that the intervenor will either gain or lose by the direct legal operation and effect of the judgment c. an inconsequential interest in the outcome of litigation d. a contingent interest in the outcome of the litigation

Answer 144

b. a direct interest in the outcome of the litigation, such that the intervenor will either gain or lose by the direct legal operation and effect of the judgment

Question 145

What factors should be considered by the court in determining whether to grant a motion for consolidation under Rule 1.270? a. Whether consolidation will result in unnecessary costs and delays b. the possibility of inconsistent verdicts c. whether consolidation would eliminate duplicative trials that involve substantially the same core of operative facts and questions of law d. all of the above

Answer 145

d. all of the above

Question 146

You are defending a retail store in a slip and fall lawsuit. Plaintiff’s counsel has requested the production of “the accident or incident report relevant to the accident.” What is the BEST PRACTICE for responding to this request? a. Produce the incident report b. file a timely objection or motion for protective order claiming work product privilege, supported by an affidavit and a contemporaneous privilege log c. file an objection based on relevance d. none of the above

Answer 146

b. file a timely objection or motion for protective order claiming work product privilege, supported by an affidavit and a contemporaneous privilege log

Question 147

You are representing a party in a civil matter. The action is pending in Orlando. The opposing party has scheduled the deposition of a non-party witness in Key West. You travel to the scheduled deposition in Key West, but the witness does not attend. You then learn that opposing counsel failed to serve the nonparty witness with a subpoena. What is your BEST course of action? a. File a separate motion to hold the witness in contempt b. File a motion requesting the court to order the opposing party to pay the reasonable expenses, including attorney’s fees, incurred in attending the deposition c. Make the most of the situation by taking opposing counsel to Captain Tony's to discuss the possibility of settlement over drinks d. file a motion requesting that the witness be excluded from testifying at trial

Answer 147

b. File a motion requesting the court to order the opposing party to pay the reasonable expenses, including attorney’s fees, incurred in attending the deposition

Question 148

You are representing a party in a civil matter. You intend to serve interrogatories to the opposing party to learn information about the opposing party’s expert. Which of the following can you learn about the opposing party’s experts via interrogatories? a. The identity of each person whom the other party expects to call as an expert witness at trial b. the subject matter on which the expert is expected to testify c. the substance of the facts and opinions to which the expert is expected to testify d. all of the above

Answer 148

d. all of the above

Question 149

Opposing counsel has produced documents in response to a discovery request. Opposing counsel has now filed a notice of inadvertent disclosure with respect to certain privileged documents. What are you required to do upon receipt of this notice? a. You are required to promptly return, sequester or destroy the materials specified in the notice, as well as any copies of the materials b. you are required to notify any other party, person or entity to whom you have disclosed the materials of the fact that the notice has been served and of the effect of the notice c. return the original documents only you after you have made copies for you and your client. d. both a and b

Answer 149

d. both a and b

Question 150

Which of the following must be present in order to support an interpleader action under Rule 1.240? a. A stakeholder, multiple claimants and potential liability on the part of the stakeholder to more than one claimant b. A stakeholder, multiple claimants and potential liability to only one claimant c. A stakeholder, multiple claimants and no liability on the part of the stakeholder to any claimant d. Both b and c

Answer 150

b. A stakeholder, multiple claimants and potential liability to only one claimant