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Questions and Answers
What is required for a motion for a continuance in court?
What is required for a motion for a continuance in court?
In Florida, what is the minimum number of jurors in a civil trial?
In Florida, what is the minimum number of jurors in a civil trial?
What happens to the right to withdraw a jury trial after it has been requested?
What happens to the right to withdraw a jury trial after it has been requested?
How many preemptory challenges is each party entitled to in a jury trial?
How many preemptory challenges is each party entitled to in a jury trial?
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What is a general verdict in a jury trial?
What is a general verdict in a jury trial?
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What is the time frame within which a motion to set aside must be made after the entry of a judgment?
What is the time frame within which a motion to set aside must be made after the entry of a judgment?
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Under what circumstances can a motion for relief be filed?
Under what circumstances can a motion for relief be filed?
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What must happen if a clerical error is identified while an appeal is pending?
What must happen if a clerical error is identified while an appeal is pending?
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Which of the following represents an exception to the general rule that only final orders may be appealed?
Which of the following represents an exception to the general rule that only final orders may be appealed?
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What is required to appeal a non-final order related to personal jurisdiction?
What is required to appeal a non-final order related to personal jurisdiction?
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How can service of process be executed for residential tenants?
How can service of process be executed for residential tenants?
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What is required for serving a minor?
What is required for serving a minor?
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When serving a partnership, what must be done initially?
When serving a partnership, what must be done initially?
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For Limited Liability Companies (LLCs), who can be served?
For Limited Liability Companies (LLCs), who can be served?
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In the case of non-residents, whom should service be directed to when engaging in business within the state?
In the case of non-residents, whom should service be directed to when engaging in business within the state?
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How should local governments be served?
How should local governments be served?
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What is the process for serving a corporation?
What is the process for serving a corporation?
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If a sole proprietor is not available at the time of service, what is the next step?
If a sole proprietor is not available at the time of service, what is the next step?
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What is the maximum time a defendant has to respond to interrogatories after being served with the complaint?
What is the maximum time a defendant has to respond to interrogatories after being served with the complaint?
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In what situation can a plaintiff take a deposition within 30 days of the service of a complaint?
In what situation can a plaintiff take a deposition within 30 days of the service of a complaint?
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What is the requirement for a request for production made to non-parties?
What is the requirement for a request for production made to non-parties?
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Under what condition is a medical examination not required to have a court order?
Under what condition is a medical examination not required to have a court order?
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What happens if a party does not respond to a request for admissions within the required time frame?
What happens if a party does not respond to a request for admissions within the required time frame?
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How many requests for admissions can each party submit?
How many requests for admissions can each party submit?
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When must a defendant respond to a request for production?
When must a defendant respond to a request for production?
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What is the notice requirement for subpoena duces tecum for non-parties via email?
What is the notice requirement for subpoena duces tecum for non-parties via email?
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What must a process server obtain before serving an employee at their workplace?
What must a process server obtain before serving an employee at their workplace?
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What is the timeframe for a defendant to answer a complaint after a motion to dismiss is denied?
What is the timeframe for a defendant to answer a complaint after a motion to dismiss is denied?
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What type of motion must be filed before a responsive pleading and point out defects?
What type of motion must be filed before a responsive pleading and point out defects?
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Which of the following is NOT a way a defendant can respond to a complaint?
Which of the following is NOT a way a defendant can respond to a complaint?
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What is the consequence of failing to assert an affirmative defense?
What is the consequence of failing to assert an affirmative defense?
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What are the two types of counterclaims mentioned?
What are the two types of counterclaims mentioned?
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In which situation can a defendant raise a compulsory counterclaim?
In which situation can a defendant raise a compulsory counterclaim?
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Which of the following is considered a waivable issue when responding to a complaint?
Which of the following is considered a waivable issue when responding to a complaint?
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What is the purpose of a Motion for Mistrial?
What is the purpose of a Motion for Mistrial?
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Which motion allows the jury to view the scene relevant to the case?
Which motion allows the jury to view the scene relevant to the case?
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When must most Post-Trial Motions be filed after the verdict?
When must most Post-Trial Motions be filed after the verdict?
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What is required to file a Renewed Directed Verdict (RJMOL)?
What is required to file a Renewed Directed Verdict (RJMOL)?
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Under Federal Rules, what is the term used for a directed verdict?
Under Federal Rules, what is the term used for a directed verdict?
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What is the maximum time allowed for filing a motion to set aside after the entry of a judgment?
What is the maximum time allowed for filing a motion to set aside after the entry of a judgment?
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Under what conditions can a motion for relief from judgment be filed?
Under what conditions can a motion for relief from judgment be filed?
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Which of the following types of orders can be appealed even if they are not final?
Which of the following types of orders can be appealed even if they are not final?
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What is required for filing a notice of appeal after an appealable order?
What is required for filing a notice of appeal after an appealable order?
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Which issue can a clerical error be corrected at any time without needing leave of the appellate court?
Which issue can a clerical error be corrected at any time without needing leave of the appellate court?
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What must a process server obtain in order to serve an employee at their place of employment?
What must a process server obtain in order to serve an employee at their place of employment?
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What is required for a defendant's motion for a more definite statement?
What is required for a defendant's motion for a more definite statement?
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What type of defense may be waived if not asserted by the defendant?
What type of defense may be waived if not asserted by the defendant?
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What is the consequence of filing a permissive counterclaim?
What is the consequence of filing a permissive counterclaim?
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What must be provided if a defendant wishes to respond by admitting or denying allegations?
What must be provided if a defendant wishes to respond by admitting or denying allegations?
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What is a requirement for a motion to strike?
What is a requirement for a motion to strike?
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Which of the following is a waivable issue that a defendant may raise?
Which of the following is a waivable issue that a defendant may raise?
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What is a primary purpose of a pre-trial conference?
What is a primary purpose of a pre-trial conference?
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Which statement about the case management conference is true?
Which statement about the case management conference is true?
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What must happen before a default judgment can be entered?
What must happen before a default judgment can be entered?
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What is required for a default judgment to be awarded?
What is required for a default judgment to be awarded?
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What must the court do if the judgment is against a minor or incompetent party?
What must the court do if the judgment is against a minor or incompetent party?
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What two steps are involved in obtaining a default judgment?
What two steps are involved in obtaining a default judgment?
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Under what condition can a default judgment be set aside?
Under what condition can a default judgment be set aside?
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What must be demonstrated to achieve a summary judgment?
What must be demonstrated to achieve a summary judgment?
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What is the appropriate method for serving a partnership if an attempt to serve a partner fails?
What is the appropriate method for serving a partnership if an attempt to serve a partner fails?
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How should a minor be served in a legal action?
How should a minor be served in a legal action?
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In the case of serving a corporation, who is the typical recipient of the service of process?
In the case of serving a corporation, who is the typical recipient of the service of process?
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What is the procedure if a sole proprietor cannot be served directly?
What is the procedure if a sole proprietor cannot be served directly?
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What is required for serving a domestic limited partnership?
What is required for serving a domestic limited partnership?
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How should service of process be handled for a non-resident individual engaged in business within the state?
How should service of process be handled for a non-resident individual engaged in business within the state?
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Who must be served when initiating a legal action against a foreign limited partnership?
Who must be served when initiating a legal action against a foreign limited partnership?
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What method is used for serving local governments in a legal context?
What method is used for serving local governments in a legal context?
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What is the time frame in which a party may amend a pleading without requiring court permission?
What is the time frame in which a party may amend a pleading without requiring court permission?
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Under what condition does the Relation Back Doctrine apply when amending a pleading?
Under what condition does the Relation Back Doctrine apply when amending a pleading?
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What are protective orders designed to address during the discovery process?
What are protective orders designed to address during the discovery process?
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What must happen for a non-party to be compelled to attend a deposition?
What must happen for a non-party to be compelled to attend a deposition?
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What is the status of evidence that is relevant but not admissible in court?
What is the status of evidence that is relevant but not admissible in court?
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What is required to amend a pleading beyond the initial amendment without court permission?
What is required to amend a pleading beyond the initial amendment without court permission?
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What is a 'subpoena duces tecum' used for in the context of depositions?
What is a 'subpoena duces tecum' used for in the context of depositions?
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How long do parties have to respond to an amended pleading?
How long do parties have to respond to an amended pleading?
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What is the time requirement for serving the motion and supporting documents before the hearing on the motion for summary judgment?
What is the time requirement for serving the motion and supporting documents before the hearing on the motion for summary judgment?
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Which statement is true regarding voluntary dismissal of a case?
Which statement is true regarding voluntary dismissal of a case?
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What must be included in the motion for summary judgment?
What must be included in the motion for summary judgment?
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Which of the following does NOT support a motion for summary judgment?
Which of the following does NOT support a motion for summary judgment?
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What is one reason a court may involuntarily dismiss a plaintiff's case?
What is one reason a court may involuntarily dismiss a plaintiff's case?
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What is one requirement for affidavits submitted in support of a motion?
What is one requirement for affidavits submitted in support of a motion?
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What happens if there is no activity in a case for a period of 10 months?
What happens if there is no activity in a case for a period of 10 months?
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In what situation is voluntary dismissal NOT permitted?
In what situation is voluntary dismissal NOT permitted?
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What is the maximum time frame for a defendant to file a motion to remove a case after being served with the process?
What is the maximum time frame for a defendant to file a motion to remove a case after being served with the process?
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Under what circumstance must a case be transferred to a different court?
Under what circumstance must a case be transferred to a different court?
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Which of the following courts has the authority to hear probate and estate matters?
Which of the following courts has the authority to hear probate and estate matters?
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What must a plaintiff do after a case is dismissed in Florida if they wish to refile in a new jurisdiction?
What must a plaintiff do after a case is dismissed in Florida if they wish to refile in a new jurisdiction?
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What is the amount in controversy for cases that can be handled in County Court?
What is the amount in controversy for cases that can be handled in County Court?
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Which of the following courts cannot hear matters not permitted by the Florida Constitution?
Which of the following courts cannot hear matters not permitted by the Florida Constitution?
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Which set of criteria must be established for an adequate forum to exist?
Which set of criteria must be established for an adequate forum to exist?
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What type of cases fall under the jurisdiction of Circuit Courts?
What type of cases fall under the jurisdiction of Circuit Courts?
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What is the timeframe within which a defendant must respond to interrogatories after being served with the complaint?
What is the timeframe within which a defendant must respond to interrogatories after being served with the complaint?
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When can a plaintiff take a deposition within 30 days of service of a complaint?
When can a plaintiff take a deposition within 30 days of service of a complaint?
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What is required for a medical examination when the condition in controversy is not physical?
What is required for a medical examination when the condition in controversy is not physical?
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What must happen if a party does not respond to a request for admissions within the required timeframe?
What must happen if a party does not respond to a request for admissions within the required timeframe?
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What notice period is required for a subpoena duces tecum to a non-party sent via email?
What notice period is required for a subpoena duces tecum to a non-party sent via email?
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How long does a party have to answer requests for production served by another party?
How long does a party have to answer requests for production served by another party?
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What action is required if a party seeks to subpoena a non-party to produce documents?
What action is required if a party seeks to subpoena a non-party to produce documents?
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What is required for special pleadings such as claims for fraud or mistake?
What is required for special pleadings such as claims for fraud or mistake?
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What happens if a defendant does not show good cause for failure to be served within the stipulated time?
What happens if a defendant does not show good cause for failure to be served within the stipulated time?
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Which document must be attached to a pleading when a claim is based on a contract?
Which document must be attached to a pleading when a claim is based on a contract?
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Which of the following statements is true regarding service of process?
Which of the following statements is true regarding service of process?
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What must be completed after process is served to the defendant?
What must be completed after process is served to the defendant?
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What defines the timeline for a defendant to respond to a complaint when they have waived service by mail?
What defines the timeline for a defendant to respond to a complaint when they have waived service by mail?
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Which method is NOT acceptable for serving an individual with process?
Which method is NOT acceptable for serving an individual with process?
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What is the role of an 'elisor' in the context of service of process?
What is the role of an 'elisor' in the context of service of process?
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What must a defendant do within 10 days after a motion to dismiss is denied?
What must a defendant do within 10 days after a motion to dismiss is denied?
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Which of the following is a waivable issue during a defendant's response to a complaint?
Which of the following is a waivable issue during a defendant's response to a complaint?
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What is the timeframe within which a defendant must respond to a counterclaim after service?
What is the timeframe within which a defendant must respond to a counterclaim after service?
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What must a motion to strike address?
What must a motion to strike address?
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What is the result of failing to assert an affirmative defense?
What is the result of failing to assert an affirmative defense?
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When must a motion for a more definite statement be made?
When must a motion for a more definite statement be made?
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What characterizes a compulsory counterclaim?
What characterizes a compulsory counterclaim?
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What must a defendant demonstrate when admitting or denying allegations in their answer?
What must a defendant demonstrate when admitting or denying allegations in their answer?
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What is required when a party wishes to make subsequent amendments after the first allowance?
What is required when a party wishes to make subsequent amendments after the first allowance?
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Under what condition do amendments relate back to the original filing date even if filed after the statute of limitations?
Under what condition do amendments relate back to the original filing date even if filed after the statute of limitations?
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What standard governs the discoverability of evidence in a legal proceeding?
What standard governs the discoverability of evidence in a legal proceeding?
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What must occur for a non-party to be compelled to attend a deposition?
What must occur for a non-party to be compelled to attend a deposition?
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What is the primary purpose of a protective order in the context of discovery?
What is the primary purpose of a protective order in the context of discovery?
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How many days do parties have to respond to an amended pleading?
How many days do parties have to respond to an amended pleading?
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Which of the following statements about discovery tools is TRUE?
Which of the following statements about discovery tools is TRUE?
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What must be done to require a non-party to bring documents to a deposition?
What must be done to require a non-party to bring documents to a deposition?
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What is the maximum time allowed for serving the motion and supporting documents before the hearing on a motion for summary judgment?
What is the maximum time allowed for serving the motion and supporting documents before the hearing on a motion for summary judgment?
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Which of the following statements about voluntary dismissal is true?
Which of the following statements about voluntary dismissal is true?
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What is required for affidavits that support or oppose a motion for summary judgment?
What is required for affidavits that support or oppose a motion for summary judgment?
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What happens if a plaintiff files a second voluntary dismissal?
What happens if a plaintiff files a second voluntary dismissal?
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What must a motion for summary judgment state with particularity?
What must a motion for summary judgment state with particularity?
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Under what condition can a court grant an involuntary dismissal?
Under what condition can a court grant an involuntary dismissal?
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Which of the following can NOT be used to support or oppose a motion for summary judgment?
Which of the following can NOT be used to support or oppose a motion for summary judgment?
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What is the minimum number of days required for an opposing party to file a response before the hearing on a motion for summary judgment?
What is the minimum number of days required for an opposing party to file a response before the hearing on a motion for summary judgment?
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What is the maximum timeframe within which a motion to set aside must be made after the entry of a judgment?
What is the maximum timeframe within which a motion to set aside must be made after the entry of a judgment?
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Under what conditions can a motion for relief from judgment be appropriately filed?
Under what conditions can a motion for relief from judgment be appropriately filed?
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Which of the following orders typically cannot be appealed?
Which of the following orders typically cannot be appealed?
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What must occur if a clerical error is identified while an appeal is pending?
What must occur if a clerical error is identified while an appeal is pending?
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Which of the following is NOT an exception to the general rule that only final orders may be appealed?
Which of the following is NOT an exception to the general rule that only final orders may be appealed?
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What is the minimum time after which a motion for summary judgment can be filed following the commencement of the action?
What is the minimum time after which a motion for summary judgment can be filed following the commencement of the action?
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What must a motion for summary judgment include regarding the grounds for it?
What must a motion for summary judgment include regarding the grounds for it?
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Which of the following must occur at least 40 days before the hearing on the motion for summary judgment?
Which of the following must occur at least 40 days before the hearing on the motion for summary judgment?
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What is one of the methods a plaintiff can use to achieve voluntary dismissal?
What is one of the methods a plaintiff can use to achieve voluntary dismissal?
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What is the condition under which a plaintiff is allowed only one voluntary dismissal?
What is the condition under which a plaintiff is allowed only one voluntary dismissal?
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How long of inactivity can lead to an involuntary dismissal due to failure to prosecute?
How long of inactivity can lead to an involuntary dismissal due to failure to prosecute?
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Which of the following is NOT a method of supporting or opposing a motion?
Which of the following is NOT a method of supporting or opposing a motion?
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What is required of affidavits supporting a motion?
What is required of affidavits supporting a motion?
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What type of counterclaim arises from the same transaction or occurrence as the plaintiff's claim?
What type of counterclaim arises from the same transaction or occurrence as the plaintiff's claim?
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Which response option indicates a lack of sufficient information regarding the complaint?
Which response option indicates a lack of sufficient information regarding the complaint?
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What happens if a defendant fails to assert an affirmative defense?
What happens if a defendant fails to assert an affirmative defense?
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What is the time frame for a defendant to answer allegations after being served with a complaint?
What is the time frame for a defendant to answer allegations after being served with a complaint?
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What must be done if a defendant wishes to address defects in the complaint before filing a responsive pleading?
What must be done if a defendant wishes to address defects in the complaint before filing a responsive pleading?
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Which of the following is a waivable issue when responding to a complaint?
Which of the following is a waivable issue when responding to a complaint?
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What should a process server do before serving an employee at their workplace?
What should a process server do before serving an employee at their workplace?
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What must happen if a counterclaim exceeds the jurisdiction of the original court?
What must happen if a counterclaim exceeds the jurisdiction of the original court?
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What document is required to support a motion for a case removal based on convenience?
What document is required to support a motion for a case removal based on convenience?
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What is the maximum timeframe allowed for a defendant to file a motion to remove a case?
What is the maximum timeframe allowed for a defendant to file a motion to remove a case?
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What is the role of the balancing test in determining the choice of forum?
What is the role of the balancing test in determining the choice of forum?
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What primary factor distinguishes specific jurisdiction from general jurisdiction?
What primary factor distinguishes specific jurisdiction from general jurisdiction?
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What type of matters does the Circuit Court handle?
What type of matters does the Circuit Court handle?
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In a lawsuit involving real property, where must the case be brought?
In a lawsuit involving real property, where must the case be brought?
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After the dismissal of a case in Florida, what must the plaintiff do regarding refiling?
After the dismissal of a case in Florida, what must the plaintiff do regarding refiling?
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Which court is limited in hearing matters not permitted by the Florida Constitution?
Which court is limited in hearing matters not permitted by the Florida Constitution?
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Under what condition may a transfer of the case to another jurisdiction be allowed?
Under what condition may a transfer of the case to another jurisdiction be allowed?
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What is the purpose of service charges in the context of this legal system?
What is the purpose of service charges in the context of this legal system?
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Which of the following is a proper venue for a domestic corporation in a lawsuit?
Which of the following is a proper venue for a domestic corporation in a lawsuit?
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How must a lawsuit against a resident contractor in Florida be brought?
How must a lawsuit against a resident contractor in Florida be brought?
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For unsecured promissory notes, which is a proper venue?
For unsecured promissory notes, which is a proper venue?
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What is the consequence if a venue issue is not raised in the first response?
What is the consequence if a venue issue is not raised in the first response?
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Which of the following describes the 'in rem' jurisdiction?
Which of the following describes the 'in rem' jurisdiction?
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Which matters must the Florida Supreme Court hear?
Which matters must the Florida Supreme Court hear?
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What is NOT required to be included in the commencement of a complaint?
What is NOT required to be included in the commencement of a complaint?
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Which type of cases falls under the exclusive jurisdiction of county courts?
Which type of cases falls under the exclusive jurisdiction of county courts?
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Which of the following powers does the Florida Supreme Court NOT possess?
Which of the following powers does the Florida Supreme Court NOT possess?
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Regarding the requirements for pleadings, which statement is FALSE?
Regarding the requirements for pleadings, which statement is FALSE?
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Which types of cases can the Florida Supreme Court choose to hear?
Which types of cases can the Florida Supreme Court choose to hear?
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Which of the following is a requirement for pleadings?
Which of the following is a requirement for pleadings?
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Which type of jurisdiction does a district court of appeal handle?
Which type of jurisdiction does a district court of appeal handle?
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Study Notes
Florida Civil Procedure Outline
- Florida's civil procedure is organized into stages for clarity
- Stage 1: Pre-Filing - Jurisdiction and Venue
- Personal Jurisdiction: Authority over the defendant, waived if not raised in first response.
- Two-part analysis*: 1. Statutory basis (Florida statute granting jurisdiction). 2. Defendant's situation (e.g., served in state, domiciled in state, consents, etc.).
- Subject Matter Jurisdiction: Court's power over the legal issue. (Never waivable)
- Venue: Proper geographic location for the lawsuit. Waived if not raised in first response. Real property cases must be brought in the county where the property is located; others might be in the county where the defendant resides or where the cause of action happened.
- Stage 2: Pleadings
- Must include: Case number, parties' names, attorney's name/bar number, numbered paragraphs describing the complaint (short description of the grounds of jurisdiction, facts showing entitlement to relief, demand for relief, etc.).
- Special Pleading Concerns: Fraud, mistake, denial of performance, special damages.
- Stage 3: Discovery
- Discoverable: All relevant non-privileged information (oral; written) from parties & non-parties
- Parties: No subpoena needed; can request production of documents
- Non-parties: Subpoena necessary, can also subpoena documents (Subpoena duces tecum)
- Interrogatories: Must be answered within 30 days unless amended.
- Medical exams: Must get court order if the physical condition is not in controversy.
- Discoverable: All relevant non-privileged information (oral; written) from parties & non-parties
- Stage 4: Pre-Trial
- Court-ordered case management conference. (Sua sponte or on party motion), includes:
- Service scheduling, amendment scheduling.
- Controlling discovery.
- Narrowing issues.
- Settlement discussions.
- Pre-Trial conference (20 days' notice) for parties to prepare
- Court-ordered case management conference. (Sua sponte or on party motion), includes:
- Stage 5: Trial
- Continuance: Motions for delay, supported by sufficient grounds
- Jury Trial: Parties entitled to juries, unless the case involves non-jury claims (e.g., equity).
- Stage 6: Post Trial
- Post-trial motions must be within 15 days in jury cases after verdict, or 15 days after filing the judgment in non-jury cases.
- Possible motions: New trial, renewed directed verdict.
Additional Information
- Termination without trial: Causes such as default, voluntary dismissal, failure to follow court orders, etc., can terminate a case.
- Appeals: Final orders can be appealed; some non-final orders can also be appealed.
- Voluntary dismissal: Parties can voluntarily dismiss or have the court do it (must be prior to jury retirement).
- Involuntary dismissal: Possible causes include failure to prosecute or failing to comply with rules.
Specific Procedural Rules/Considerations
- Timeframes for filing motions and responses are crucial.
- Waiving certain rights (e.g., venue, personal jurisdiction) can have significant consequences.
- Parties have specific times to respond and ask for things such as amendments or further information from the other party.
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Description
This quiz covers the essential stages of Florida's civil procedure, including key concepts such as personal jurisdiction, subject matter jurisdiction, and proper venue. Test your understanding of the rules that govern civil lawsuits in Florida and their procedural significance.