Florida Civil Procedure Overview

Service process on residential tenants involves attaching the summons and complaint to the door after two attempts six hours apart, and mailing a copy to the tenant.

To serve a minor or incompetent party, provide two copies of the service documents to the parent, legal guardian, or person with care/custody.

Serve sole proprietors at their place of business after two attempts on the person in charge.

Serve a partner (or designated employee) first in attempt to serve partnership; then on person in charge if necessary, binding the entity.

Serve corporations through registered agents, employees at the principal place of business, or officers/directors.

Serve limited liability companies (LLCs) through registered agents, members, managers, or the Secretary of State.

Serve non-resident natural persons or partnerships engaged in business in the state on anyone conducting business there; also consider the Secretary of State.

Serve state attorneys or heads of governing bodies via service on individuals (the governing bodies members of governing bodies) in the proper legal circuits for state case filings and the attorney general's office for correct jurisdiction assignment.

A formal request to delay a trial. It must be in writing, state the reasons for delay, and be signed by both the litigant and their attorney.

Judges must have a strict policy for continuances, granting them only for good cause.

A party has a right to a jury trial in cases at law, not in equity cases. Six jurors are used, unless it's a condemnation case, which requires twelve jurors.

Requesting a jury trial is mandatory, and it cannot be withdrawn later unless all parties agree.

A jury can return a general verdict stating the winning party, or a specific verdict with detailed findings.

Process servers need employer permission to serve employees at their workplace.

A defendant responds to a lawsuit with either a motion or an answer.

A motion to dismiss a lawsuit for reasons like lack of jurisdiction, improper venue, or insufficient process.

A formal written response to the allegations within a complaint, made within 20 days, admitting, denying, or stating insufficient knowledge.

Arguments a defendant can raise that would win the case even if the plaintiff's claim is true.

Counterclaims (claims from defendant to plaintiff) that must be brought in the same lawsuit, or else they are waived.

Counterclaims not required to be brought in the same lawsuit, can be brought separately later.

A motion to clarify ambiguous parts of a complaint, before responding.

Statements made by a party involved in a case, considered evidence against them, and automatically admitted in court.

Plaintiffs can't take depositions within 30 days of filing the complaint unless with court permission or the defendant initiated discovery first.

Answers to interrogatories (questions) must be given within 30 days of service, or 45 days after filing the complaint if later.

Discovery served with the complaint, or shortly after. 45 days after plaintiff complaint filing are granted.

If a person's physical condition is disputed, no court order is needed for a medical exam.

If a person's mental or non-physical condition is disputed, a court order is required for a medical exam.

Parties must answer requests within 30 days—or 45 days after the complaint if later—of receiving the request.

Admissions requests must be answered within 30 days, or 45 after filing the complaint if later—same as others.

A request to end a trial due to a prejudicial event that prevents a fair and impartial trial.

A request to remove evidence from the case that a party believes is inadmissible.

A judge's decision that no reasonable jury would find in favor of the non-moving party, ending the case.

A request to have a new trial due to a prejudicial error affecting the outcome (can be filed by either party or the court).

A motion filed after trial by a party who previously requested a directed verdict, seeking the same outcome.

In Florida, the terms 'renewed' and 'belated' directed verdicts are interchangeable. They refer to a motion asking the judge to dismiss a case after the plaintiff presents their evidence.

Clerical errors in Florida judgments can be corrected at any time. However, if an appeal is pending, the appellate court's permission is required.

A motion to set aside a judgment in Florida must be made within one year of the judgment's entry. It's allowed for reasons like mistakes, newly discovered evidence, or fraud.

A motion for relief from judgment can be filed within a reasonable time if the judgment is void, satisfied, or it's unjust to enforce it.

In Florida, only final orders are generally appealable. However, certain non-final orders, like those concerning venue, injunctions, or personal jurisdiction, can be appealed.

A legal reason to dismiss a lawsuit because the court does not have the authority to hear the case.

Service on an LLC can be achieved by serving the registered agent, a member, a manager, or the Secretary of State.

Non-resident individuals or partnerships conducting business in the state can be served by serving anyone engaged in their business within the state. Additionally, service might be required through the Secretary of State.

To serve the State of Florida, serve the state attorney or assistant state attorney for the judicial circuit where the case is filed. Also provide two copies to the Attorney General.

Local governments like municipalities or counties can be served by serving the heads of their governing bodies like mayors or county commissioners. If they're unavailable, serve members of the governing body.

To serve a minor, the service materials must be provided to the parent or legal guardian. To serve an incompetent person, two copies are delivered to the person holding care or custody, or to their legal guardian.

A party can amend a pleading once without court permission before a response is filed. Subsequent amendments require court permission or consent from the other party.

Allows amended claims to relate back to the original filing date, even if the statute of limitations has passed, as long as the amended claim concerns the same conduct, transaction, or occurrence as the original pleading.

Discovery in Florida focuses on relevant evidence, which means it tends to prove or disprove a material fact. This is different from admissible evidence.

Courts can issue protective orders to limit discovery requests that are embarrassing, annoying, oppressive, or impose an undue burden.

Depositions can be served on parties without a subpoena. You can also serve a request for the party to produce documents.

Non-parties must be subpoenaed to compel their attendance at a deposition. A subpoena duces tecum requires them to bring documents.

Discovery tools are used to gather evidence from parties and non-parties. They include depositions, interrogatories, requests for production, requests for admission, and physical and mental examinations.

In Florida, all relevant and non-privileged matters are discoverable, meaning they can be sought through discovery tools.

A court-ordered meeting to streamline a case before trial. It can be initiated by the judge or a party. The purpose is to manage logistics like scheduling motions, controlling discovery, and setting trial dates.

A mandatory meeting before trial when the case is ready. It aims to simplify issues, obtain admissions, limit expert witnesses, and discuss potential plea changes.

A request to the court to end a lawsuit before trial due to insufficient grounds, such as lack of jurisdiction or proper procedure.

A judgment entered against a defendant who fails to respond to a lawsuit. It's a decision without a trial, and the plaintiff can only receive relief stated in the complaint.

A court ruling based on the facts in the case. If there's no genuine dispute about the facts and the law supports the moving party, the judge can dismiss the case without a trial.

The initial step in obtaining a Default Judgment. The clerk records the defendant's failure to appear or respond in the court record.

The final step in obtaining a default judgment. This is where the judge actually grants the plaintiff relief based on the defendant's failure to respond.

A court process where a default judgment is canceled due to valid reasons, such as mistake, fraud, or new evidence.

A request to the court to dismiss a lawsuit because the moving party believes there are no factual disputes and they are entitled to judgment as a matter of law.

A motion for summary judgment must be based on admissible evidence such as affidavits, depositions, or pleadings, which the court can use to determine if there are any genuine issues of material fact.

A motion for summary judgment can be filed any time after 20 days from the start of the lawsuit or after an opposing party files their own motion for summary judgment.

The party filing a motion for summary judgment must serve the motion and supporting documents on the opposing party at least 40 days before the hearing.

A plaintiff can choose to drop a lawsuit, but there are limits and consequences. This can be done by notice, stipulation, or court order.

A plaintiff is generally only allowed one voluntary dismissal without prejudice. A second dismissal will usually be with prejudice, meaning the case cannot be refiled.

The court can dismiss a plaintiff's case involuntarily if there's a lack of prosecution or other reasons, often resulting in a dismissal with prejudice.

If a plaintiff doesn't take any action in their case for 10 months and no order has paused the case, any interested party can request dismissal.

Clerical errors in Florida judgments can be corrected at any time. However, if an appeal is pending, the appellate court's permission is needed for the correction.

A motion to set aside a Florida judgment must be made within one year of the judgment's entry. It's allowed for reasons like mistakes, newly discovered evidence, or fraud.

A motion for relief from a Florida judgment can be filed within a reasonable time if the judgment is void, satisfied, or it's unjust to enforce it.

A doctrine where a court dismisses a case because another jurisdiction is more convenient for the parties and witnesses, even if it has jurisdiction.

A test to determine if another jurisdiction is more convenient, considering factors like the location of parties, witnesses, evidence, and the burden on each party.

The court system in Florida consists of County Courts, Circuit Courts, District Courts of Appeal, and the Florida Supreme Court.

County courts handle cases involving misdemeanors, traffic offenses, small claims, and certain civil matters with amounts in controversy less than $50,000.

Circuit courts handle more serious cases like felonies, probate matters, family law, and civil cases over $50,000.

District Courts of Appeal review decisions made by lower courts, ensuring consistency and fairness in the application of the law.

The Florida Supreme Court is the highest court in the state, handling cases involving constitutional issues, disputes between lower courts, and death sentences.

Subject matter jurisdiction in Florida is determined by the legislature for trial and district courts, and by the Florida Constitution for the Supreme Court.

Claims for fraud, mistake, denial of performance, or special damages must be pleaded with particularity, providing specific facts and details.

Some pleadings, such as mortgage foreclosures or injunctions, require verification, which means the plaintiff signs the pleading, confirming its truthfulness.

Copies of documents upon which a claim or defense is based, such as contracts, must be attached to the pleading.

The defendant must be served with process (summons & complaint) within 120 days of filing the complaint, unless good cause is shown.

If a defendant fails to respond to a complaint within the allotted time (20 or 30 days), they may face a default judgment.

Process can be served by a Sheriff, an 'elisor' appointed by the Sheriff, or a non-party 18 years or older appointed by the court.

Individuals can be served personally, at their usual place of abode with a resident over 15 who is informed, or on a spouse anywhere in the county under specific conditions.

A legal defense that is lost if not raised in the answer or a motion to dismiss.

Service on Sundays is prohibited unless it is permitted to prevent a defendant from leaving the state.

The motion for summary judgment must state with particularity the grounds upon which it is based and the substantial matters of law to be argued.

A plaintiff can choose to drop a lawsuit voluntarily by filing a notice, stipulating with the defendant, or getting a court order.

The court can dismiss a plaintiff's case involuntarily if there's a lack of prosecution or other reasons, often resulting in a dismissal with prejudice.

If a plaintiff doesn't take any action in their case for 10 months and no order has paused the case, any interested party can request dismissal.

Clerical errors in Florida judgments can be corrected at any time. However, if an appeal is pending, the appellate court's permission is needed for the correction.

A court has general jurisdiction over a defendant if they have continuous and systematic contacts with the state.

A court has specific jurisdiction over a defendant if their limited contact with the state led to the lawsuit.

A court has jurisdiction over a defendant through their property within the state.

A defendant must object to the venue in their first response to the lawsuit, or they lose their right to change it.

Suits involving real property in Florida MUST be filed in the county where the land is located.

For suits not involving land, Florida residents can be sued where they live, where the cause of action arose, or where any defendant lives if there are multiple parties.

For non-residents, venue is in the county where they were served or where the cause of action occurred.

Domestic corporations can be sued where their office is or where the cause of action arose. Foreign corporations can be sued where their agent is or where the cause of action arose. Partnerships can be sued where their principal office is or where a partner lives.

The Florida Supreme Court has original jurisdiction over cases involving death penalty, DCA opinions declaring a statute or constitutional provision invalid, bonds, and agency action regarding utility rates. This means these cases are filed directly with the Supreme Court rather than first going through a lower court.

The Florida Supreme Court has discretionary jurisdiction over cases involving declaring a statute valid, decisions affecting constitutional or statutory officers, certified questions, conflicting DCA opinions, and opinions interpreting how the Constitution applies. This means the Supreme Court can choose to hear these cases but isn't required to.

The Florida Supreme Court has the power to issue advisory opinions to the Governor, determine the number of lower courts and judges, adopt rules of procedure, admit and discipline lawyers, discipline and remove judicial officers, and issue certain writs.

Pleadings in Florida must include the name of the court, case number, names of the parties, attorney information, identification of the pleading type, numbered paragraphs, and separate claims for relief.

A complaint in Florida must include a short and plain statement of the grounds for jurisdiction, a short and plain statement of the ultimate facts showing entitlement to relief, and a demand for judgment.

Claims for fraud, mistake, denial of performance, or special damages must be pleaded with particularity, meaning specific facts and details must be provided.

Some pleadings, such as mortgage foreclosures or injunctions, require verification, which means the plaintiff signs the pleading, confirming its truthfulness.

A request to the court to dismiss a lawsuit because the moving party believes there are no factual disputes and they are entitled to judgment as a matter of law.

A motion for summary judgment must be based on admissible evidence such as affidavits, depositions, or pleadings, which the court can use to determine if there are any genuine issues of material fact.

If a plaintiff doesn't take any action in their case for 10 months and no order has paused the case, any interested party can request dismissal.

Clerical errors in Florida judgments can be corrected at any time. However, if an appeal is pending, the appellate court's permission is needed for the correction.

A motion filed after trial by a party who requested a directed verdict before the jury deliberated, asking the judge to rule in their favor because no reasonable jury could find for the other side.

A motion filed after trial but before the jury deliberates by a party who hadn't requested a directed verdict earlier, asking the judge to rule in their favor because no reasonable jury could find for the other side.

Generally, only final court orders can be appealed. However, certain non-final orders, like those regarding venue or injunctions, are also appealable.