Trial

Question 1

When can a party serve notice that an action is ready for trial?

Answer 1

any party can serve w/in 20 days after service of the last pleading or any time after motions directed to the pleading have been decided

Question 2

When must a trial date be set?

Answer 2

At least 30 days from service of the notice for trial

Question 3

When must a demand for jury trial be made?

Answer 3

No later than 10 days after the service of the last pleading

Question 4

How many jurors are in a civil action?

Answer 4

6 (except in condemnation actions there are 12)

Question 5

What is a cause challenge to a juror?

Answer 5

When you think the juror isn’t qualified

Question 6

What is a peremptory challenge to a juror?

Answer 6

A challenge without cause. Each party gets 3. You can’t be discriminatory

Question 7

What are the requirements to be a juror?

Answer 7

A juror must be:

(1) a US citizen;
(2) a resident of FL in the county where the trial is held
(3) over 18; and
(4) in possession of a FL driver’s license, which is the means through which jurors are selected

Question 8

Are judges allowed to take notes and submit questions to witnesses?

Answer 8

Yes but the judge has to allow counsel to object

Question 9

What is a motion for directed verdict?

Answer 9

Made at the end of Plaintiff’s case but before the Defendant’s case

Question 10

What is the standard for a directed verdict?

Answer 10

Same as summary judgment - whether the P has adduced evidence sufficient for a reasonable jury to find in her favor

Question 11

What is an injunction?

Answer 11

An order to do something or not to do something

Question 12

When can an injunction be filed?

Answer 12

Can be entered pre-trial or at the conclusion of trial. Can also restrain the actions of non-parties in concert with parties

Question 13

What are the requirements for making a motion to set aside the verdict and motion for judgment in accordance with a motion for directed verdict?

Answer 13

Made at the conclusion of trial and you MUST have made a directed verdict motion in order to get it

Question 14

When must a motion to set aside the verdict be made?

Answer 14

within 15 days of the return of verdict

Question 15

When must a motion for new trial be made?

Answer 15

Must be made within 15 days of the verdict

Question 16

What must the motion for new trial state?

Answer 16

(1) must specify the grounds upon which it’s based and (2) must allege that the verdict or judgment is prejudicial rather than harmless error

Question 17

If a party files a motion for rehearing and then a notice of appeal, what happens?

Answer 17

The appeal constitutes abandonment of the motion for rehearing and gives the appellate court jurisdiction

Question 18

What is a motion for relief from judgment?

Answer 18

Attempt by a party to reinvoke the court’s jurisdiction. A court may set aside a judgment in the event of clerical mistakes or excusable neglect, newly discovered evidence, and other mistakes

Question 19

When must a motion for relief from judgment be made?

Answer 19

Must be brought within a reasonable time, but for newly discovered evidence and excusable neglect, must be brought within 1 year at the latest.

Question 20

What are the discovery rules for an expedited trial?

Answer 20

All discovery must be complete within 60 days of the court entering an order adopting the join expedited trial stipulation.
The parties MAY introduce a verified written report of any expert and an affidavit of the expert’s curriculum vitae instead of calling the expert to testify at trial

Question 21

True or false: expedited trials must be bench trials

Answer 21

FALSE. Expedited trials are triable by jury