Kahoots - Post Trial Motions Flashcards
(30 cards)
What is the LATEST that you can file affidavits in opposition to a Rule 1.530 motion for new trial?
a. 10 days after service of the motion
b. 20 days after service of the motion, upon good cause AND court order
c. 30 days after service of the motion
d. Both a and b
d. Both a and b
True or False
A motion for relief from judgment may be used as a substitute for a motion for new trial or an appeal
False
True or False
A 1.540(a) motion for relief from judgment can ONLY be used to correct clerical mistakes and errors
True
True or False
A Rule 1.540(a) to correct a clerical mistake may be made at ANY time
True
Which of the following factors are considered with respect to a Rule 1.540 motion based on newly discovered evidence?
a. If the evidence is more likely than not to change the outcome
b. If the evidence could have been timely discovered through due diligence
c. Whether evidence is impeachment evidence or cumulative evidence
d. All of the above
d. All of the above
What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on fraud?
a. 1 year from the entry of the judgment
b. 2 years from the entry of the judgment
c. 5 years from the entry of the judgment
d. None of the above
a. 1 year from the entry of the judgment
What is the LATEST that you can file a post-verdict renewed motion for directed verdict?
a. 10 days from the return of the verdict
b. 15 days from the return of the verdict
c. 20 days from the return of the verdict
d. 30 days from the return of the verdict
b. 15 days from the return of the verdict
What is the LATEST that you can file a Rule 1.530 motion for new trial?
a. Not later than 15 days after the return of the verdict
b. Not later than 20 days after the return of the verdict
c. Not later than 30 days after the return of the verdict
d. Not later than 60 days after the return of the verdict
a. Not later than 15 days after the return of the verdict
What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on newly discovered evidence?
a. 1 year from the entry of judgment
b. 2 years from the entry of judgment
c. 5 years from the entry of judgment
d. 10 years from the entry of judgment
a. 1 year from the entry of judgment
What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on a VOID judgment?
a. 1 year from the entry of judgment
b. 2 years from the entry of judgment
c. 5 years from the entry of judgment
d. None of the above
d. None of the above
What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on excusable neglect?
a. 1 year from the entry of judgment
b. 2 years from the entry of judgment
c. 5 years from the entry of judgment
d. There is no deadline for a 1.540 motion to correct excusable neglect
a. 1 year from the entry of judgment
What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on INADVERTENCE?
a. 1 year from the entry of judgment
b. 2 years from the entry of judgment
c. 5 years from the entry of judgment
c. 5 years from the entry of judgment
a. 1 year from the entry of judgment
What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on RELEASE?
a. 1 year from the entry of judgment
b. 2 years from the entry of judgment
c. 5 years from the entry of judgment
d. A 1.540 motion based on RELEASE must be filed in a “reasonable time”
d. A 1.540 motion based on RELEASE must be filed in a “reasonable time”
True or False
The court can DENY a Rule 1.530 motion for new trial WITHOUT holding a hearing
True
True or False
An order GRANTING a new trial or rehearing is NOT required to state the grounds for the new trial or rehearing
False
True or False
The trial court has broad discretion to GRANT a new trial when verdict is contrary to manifest weight of the evidence
True
True or False
Verdict awarding future medical expenses, but no future pain and suffering damages, is NOT inadequate as a matter of law
True
True or False
An order DENYING a Rule 1.530 motion for new trial does NOT need to contain the reasons for the order
True
True or False
The court CANNOT deny a motion for new trial without providing the opportunity for a hearing
False
True or False
The court is NOT obligated to provide an explanation for an order denying a motion for new trial
True
True or False
The court is NOT obligated to provide an explanation for an order denying a motion for new trial
True
True or False
A Rule 1.530 motion to alter or amend judgment MUST be served NO LATER than 15 days after the date the judgment is FILED
True
True or False
Any affidavits SUPPORTING a motion for new trial must be filed CONTEMPORANEOUSLY with the filing of the motion
True
True or False
Any affidavits in OPPOSITION to the motion for new trial must be filed no later than 20 days after service of the motion
False
