Kahoots - Quiz #3 Review

Question 1

Which of the following is REQUIRED to set aside a default?
a. due diligence
b. excusable neglect
c. meritorious defense
d. all of the above

Answer 1

d. all of the above

Question 2

True or False
All orders granting a new trial MUST state the specific grounds for the new trial

Answer 2

True

Question 3

True or False
Verdict awarding future medical expenses, but no future pain and suffering damages, is NOT inadequate as a matter of law

Answer 3

True

Question 4

How many interrogatories may a party serve under Rule 1.340?
a. No more than 20, including subparts
b. No more than 25, including subparts
c. No more than 30, including subparts
d. No more than 45, including subparts

Answer 4

c. No more than 30, including subparts

Question 5

True or False
An order DENYING a Rule 1.530 motion for new trial does NOT need to contain the reasons for the order.

Answer 5

True

Question 6

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 6

c. 30

Question 7

True or False
A mediation settlement agreement must be signed by the parties in order to be enforceable.

Answer 7

True

Question 8

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.

Answer 8

True

Question 9

How much time does a party have to accept a Rule 1.442 proposal for settlement?
a. 20 days
b. 30 days
c. 45 days
d. 60 days

Answer 9

b. 30 days

Question 10

Who may NOT 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 10

a. counsel for the defendant

Question 11

What alternative responses to a request for admissions are expressly contemplated by Rule 1.370?
a. An objection to the request
b. A written response to the request
c. No response at all
d. All of the above

Answer 11

d. All of the above

Question 12

What is the LATEST that you can serve a motion to recover fees and costs under a proposal for settlement?
a. 15 days after entry of final judgment
b. 20 days after entry of final judgment
c. 30 days after entry of final judgment
d. 45 days after entry of final judgment

Answer 12

c. 30 days after entry of final judgment

Question 13

True or False
A case CANNOT be referred to mediation until discovery has been completed

Answer 13

False

Question 14

True or False
Any affidavits SUPPORTING a motion for new trial must be filed CONTEMPORANEOUSLY with the filing of the motion.

Answer 14

True

Question 15

True or False
A Rule 1.540(a) motion for relief from judgment to correct a clerical mistake may be made at ANY time

Answer 15

True

Question 16

What is the LATEST that a party can file a certificate of mediation authority?
a. No later than 30 days before the mediation conference
b. No later than 20 days before the mediation conference
c. No later than 15 days before the mediation conference
d. No later than 10 days before the mediation conference

Answer 16

d. No later than 10 days before the mediation conference

Question 17

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

Answer 17

True.

Question 18

True or False
Interrogatories may be propounded to non-parties

Answer 18

False

Question 19

What is the EARLIEST that a party can file a motion for summary judgment?
a. 20 days after commencement of the action
b. 30 days after commencement of the action
c. 60 days after commencement of the action
d. 90 days after commencement of the action

Answer 19

a. 20 days after commencement of the action

Question 20

True or False
Once a Rule 1.530 motion for new trial is denied, the trial court CANNOT hear any additional motions for rehearing.

Answer 20

True

Question 21

How do you establish existence of a meritorious defense after entry of a default against your client?
a. An unverified motion
b. A sworn affidavit stating facts constituting a meritorious defense
c. Argument of counsel at the hearing
d. All of the above

Answer 21

b. A sworn affidavit stating facts constituting a meritorious defense

Question 22

True or False
Mediation may NOT take place through communication technology

Answer 22

False

Question 23

What is the earliest that a defendant can file a motion for summary judgment?
a. 20 days after service of the summons and complaint
b. 30 days after service of the summons and complaint
c. 60 days after service of the summons and complaint
d. 90 days after service of the summons and complaint

Answer 23

a. 20 days after service of the summons and complaint

Question 24

Who is NOT permitted to attend a compulsory physical examination of the plaintiff?
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 24

a. Counsel for the defendant

Question 25

True or False A Rule 1.540 motion to vacate judgment is limited to the narrow legal grounds set forth in the rule.

Answer 25

True

Question 26

True or False A represented party's counsel of record is REQUIRED to attend mediation.

Answer 26

True

Question 27

True or False Motion for relief from judgment based on fraud is limited to the one-year time frame set forth in the rule.

Answer 27

True.

Question 28

How long must you wait before issuing subpoenas following service of your Rule 1.351 notice of production from nonparty? a. 10 days b. 20 days c. 30 days d. None. The subpoenas can be issued contemporaneously with the notice.

Answer 28

a. 10 days

Question 29

When can the plaintiff take a voluntary dismissal without prejudice without leave of court? a. At any time before the defendant serves an answer b. At any time before the pretrial conference c. At any time before trial d. At any time before the case is submitted to the jury/judge for decision

Answer 29

d. At any time before the case is submitted to the jury/judge for decision

Question 30

When is the latest that you can demand a trial by jury? a. No later than the pretrial conference b. 10 days after service of the last pleading directed to the issue c. No later than your complaint d. No later than your answer

Answer 30

b. 10 days after service of the last pleading directed to the issue

Question 31

What is the earliest that the court can hear argument on a motion for summary judgment? a. No sooner than 10 days after the deadline for serving a response b. No sooner than 20 days after the deadline for serving a response c. No sooner than 30 days after the deadline for serving a response d. No sooner than 45 days after the deadline for serving a response

Answer 31

a. No sooner than 10 days after the deadline for serving a response

Question 32

What is the EARLIEST that a plaintiff can serve a Rule 1.442 proposal for settlement? a. 120 days after service of the summons and complaint on the defendant b. 60 days after service of the summons and complaint on the defendant c. 90 days after service of the summons and complaint on the defendant d. 30 days after service of the summons and complaint on the defendant

Answer 32

c. 90 days after service of the summons and complaint on the defendant

Question 33

What is the LATEST that you can file a motion to dispense with mediation? a. No later than 10 days from the order of referral to mediation b. No later than 15 days from the order of referral to mediation c. No later than 20 days from the order of referral to mediation d. No later than 30 days from the order of referral to mediation

Answer 33

b. No later than 15 days from the order of referral to mediation

Question 34

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 34

True

Question 35

True or False A party has 45 days to respond to requests for admission.

Answer 35

False

Question 36

True or False An order GRANTING a new trial or rehearing is NOT required to state the grounds for the new trial or rehearing

Answer 36

False

Question 37

True or False The trial court has broad discretion to GRANT a new trial when verdict is contrary to manifest weight of the evidence.

Answer 37

True

Question 38

Under Rule 1.370, what must a party demonstrate to withdraw an admission for failure to respond? a. Excusable Neglect b. I forgot c. I was on vacation d. None of the above

Answer 38

a. Excusable Neglect

Question 39

Which of the following can be used by a party seeking to set aside a default to demonstrate excusable neglect? a. An affidavit b. An unverified pleading c. Competent testimony at the hearing d. Both a and c

Answer 39

d. Both a and c

Question 40

What is the LATEST that any party can serve a rule 1.442 proposal for settlement? a. 30 days before the trial term b. 45 days before the trial term c. 60 days before the trial term d. 90 days before the trial term

Answer 40

b. 45 days before the trial term

Question 41

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

Answer 41

False

Question 42

True or False The court is NOT obligated to provide an explanation for an order denying a motion for new trial

Answer 42

True

Question 43

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

Answer 43

True

Question 44

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

Answer 44

True

Question 45

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

Answer 45

True

Question 46

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

Answer 46

True

Question 47

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

Answer 47

True

Question 48

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

Answer 48

a. 1 year from the entry of judgment

Question 49

True or False The court can DENY a Rule 1.530 motion for new trial WITHOUT holding a hearing

Answer 49

True

Question 50

What is your remedy if the opposing party's mediation representative does not have full, on-site settlement authority? a. File a motion to strike the opponent's pleadings b. File a motion for sanctions (mediation fees, attorney's fees and costs) c. Proceed to trial d. None of the above

Answer 50

b. File a motion for sanctions (mediation fees, attorney's fees and costs)

Question 51

Which of the following is REQUIRED to attend mediation on behalf of insured corporate defendant? a. The CEO of the corporation b. The risk manager of the corporation c. An insurance adjuster with full on-site settlement authority d. The Board of Directors

Answer 51

c. An insurance adjuster with full on-site settlement authority

Question 52

True or False A mediation settlement agreement is an enforceable contract

Answer 52

True

Question 53

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

Answer 53

d. None of the above

Question 54

True or False Leave of court is REQUIRED to serve more than 30 interrogatories

Answer 54

True

Question 55

True or False A party has 30 days to respond to interrogatories

Answer 55

True

Question 56

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

Answer 56

d. Both a and b

Question 57

True or False A motion for relief from judgment may be used as a substitute for a motion for new trial or an appeal.

Answer 57

False

Question 58

True or False Notice of intent to issue Rule 1.351 subpoenas must be served a MINIMUM of 15 days prior to the issuance of subpoenas

Answer 58

False

Question 59

What is the LATEST that a party seeking summary judgment can file supporting evidence and affidavits? a. No later than 10 days before the hearing b. No later than 20 days before the hearing c. No later than 30 days before the hearing d. All evidence and affidavits must be filed contemporaneously with the MSJ

Answer 59

d. All evidence and affidavits must be filed contemporaneously with the MSJ

Question 60

True or False Rule 1.351 permits a party seeking nonparty discovery to have other parties' objections resolved by the court

Answer 60

True

Question 61

True or False A 1.540(a) motion for relief from judgment can ONLY be used to correct clerical mistakes and errors

Answer 61

True

Question 62

True or False The party requesting a Rule 1.360 CME does NOT have the right to attend the examination

Answer 62

True

Question 63

True or False The court CANNOT deny a motion for new trial without providing the opportunity for a hearing

Answer 63

False

Question 64

True or False A party can avoid dismissal for failure to prosecute by filing ANYTHING within 60 days of a notice of intent to dismiss

Answer 64

True

Question 65

When can a case be referred to mediation? a. At any time upon order of the presiding judge b. Only after all discovery has been completed c. At any time upon agreement of the parties d. Both a and c

Answer 65

d. Both a and c

Question 66

True or False A Rule 1.540(a) motion for relief from judgment to correct a clerical mistake may be made at ANY time

Answer 66

True

Question 67

What is the LATEST that mediation can be held following an order of referral to mediation? a. Within 60 days of the order of referral b. Within 90 days of the order of referral c. Within 30 days of the order of referral d. Within 45 days of the order of referral

Answer 67

a. Within 60 days of the order of referral

Question 68

What are the potential outcomes of a mediation conference? a. Settlement b. Impasse/no agreement c. Adjournment d. All of the above

Answer 68

d. All of the above

Question 69

Which of the following factors are considered with respect to a Rule 1.540 motion based on newly discovered evidence?

Question 70

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

Answer 70

a. 1 year from the entry of the judgment

Question 71

What is the BEST PRACTICE for responding to a party that repudiates a signed, written mediation settlement agreement? a. Proceed to trial b. Ask opposing counsel to pay the mediation fee c. File a motion to compel enforcement of mediation settlement agreement d. None of the above

Answer 71

c. File a motion to compel enforcement of mediation settlement agreement

Question 72

What is the latest date that you can complete a mediation that was adjourned and not resolved? a. 45 days after the first mediation conference b. 30 days after the first mediation conference c. 60 days after the first mediation conference d. 90 days after the first mediation conference

Answer 72

a. 45 days after the first mediation conference

Question 73

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

Answer 73

b. 15 days from the return of the verdict

Question 74

What recourse do you have if your client believes that the court ordered mediator is biased? a. File a motion to disqualify the mediator b. Refuse to participate in the mediation c. Call the court to explain that your client objects to the mediator d. None of the above

Answer 74

a. File a motion to disqualify the mediator

Question 75

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

Answer 75

a. Not later than 15 days after the return of the verdict