Amended Pleadings
1.190
1.190
1. This is how many times a party may amend a pleading and how many days a party shall plead in RESPONSE to an amended pleading
2. These are 3 factors of a claim for punitive damages (1.190(f))
1. Once as a matter of course at any time before pleadings is served, or 20 days after if no responsive pleading is permitted; 10 days for response
2. Reasonable basis; Filed separately; Served 20 days before hearing
True/False: If motion for DV is denied, a party may offer evidence without reserving the right to offer evidence as if the motion was never made.
*1.480 (a)
1. This rule applies to _____ proposals authorized by FL law, and _____ rules/statues that may be inconsistent with this rule.
2. True/False: Mediation has an affect on th edates which parties are permitted to make/accept a proposal for settlement
1. All; Supersedes
2. False: Mediation has NO AFFECT on the dates (1.442(j))
Any party may demand trial by jury (TBJ) by doing these 4 things:
1. Serve in writing
2. Any time after commencement of action
3. Within 10 days after service of last pleading
4. Approved upon pleading of party
Before setting a date for trial, a party must serve notice with these 3 things and must have it submitted to the court by clerk:
1. Time of trial
2. Whether jury/non-jury
3. Whether trial is on original action or subsequent proceeding
These are (3) rules for conforming amendments to evidence 1.190(b)
1. Issues not raised by pleadings that are tried by express/implied consent shall be treated as if they had been raised in pleadings
2. Failure to amend shall not affect result of trial on issues
3. If evidence objected to is not within the issues made by the pleadings, pleadings may be amended to conform w/ evidence when merits of the cause are more effectually presented and objecting party fails to satisfy prejudice standard.
Factors of a Motion for DV (3)
1. Doesn't discharge jury
2. State specific grounds
3. Effective w/o assent of jury
1.True/False: A party has _____ days after service to offer proposal, and no later than _____ before the DATE SET for trial. (Hint: Date set for trial is HALF of the days to serve (think angle degrees)
2. True/False: A proposal SHALL NOT be filed unless for enforcement
3. True/False: Withdrawal requires written proposal and acceptance; withdrawal makes a proposal VOID.
1. 90; 45
2. True
3. True
2. If a party has demand TBJ for some issues, ____ party may serve demand for other issues made ____ days after service or less
1. Specific issues
2. Any; 10
These are 2 instances when an action is AT ISSUE and ready for trial:
2. 20 days after service of last pleading
______ occurs when the claim/defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth in the original pleading.
Relation back of amendment: amendment related back to the date of the og pleading
1.190(c)
1. For a denied motion, the court ____________ for a later determination
1. Submits action to jury
These are required in a form for proposal of settlement (8)
*1.442(c)(1)(2)(A-G)
1. In writing/state applicable FL law
2. State proposal resolves all damages
3. State w/ particularity any relevant conditions
4. Include total $ and nonmonetary terms w/ particularity
5. Include punitive $
6. Include atty's $ and if part of legal claim
7. Certificate of service under 2.516
1. Failure of serving a TBJ demand constitutes as a WAIVER, which may GRANTED only through these 3 instances
2. A demand for TBJ may not be withdrawn WITHOUT____
1. Consent of parties; Amendment; Court order
2. Consent of all parties
When setting for trial, a court must give an order within ___ days of notice, may ___ for trial, and may set an order in accordance w/ 2.516 for _____
1. 30
2. Set Action
3. Non-liquidated damages
False: A supplemental pleading MAY be permitted, and the court SHALL so order it. Requires reasonable notice and upon such terms as are just.
1. If a verdict is returned, a party may file a motion to ____the verdict and to enter judgment alongside DV.
2. If a verdict is not returned, a party may______ and may do so _____ days after discharge of jury
1. Set aside
2. Serve motion for judgment; 15 days
These are the requirements (4) for a form once made
*1.442(c)(3)-(4)
1. Made to any party identified in proposal
2. Joint proposal states amount for each party
3. Liability DOES NOT equate to apportionment/contribution
4. Acceptance is W/O PREJUDICE to rights of contribution/indemnity
A party is entitled to __ preemptory challenges, but when the number of parties on opposite sides is unequal, opposing parties are entitled to the same ____ number of challenges to be determined on the basis of ____ challenges to each party on the side with the greater number of parties and divided equally
3; Aggregate; 3
A party entitled to serve motions for the last pleading may ____ by filing notice for trial anytime after service of last pleading
Waive.
True/False (*Hint: One is F, the other T)
1.At any time in furtherance of justice, the court may permit any process...to be amended or material supplemental matter to be set forth in an amended/supplemental pleading.
2. The court MAY disregard SOME errors/defects in the proceedings which does not affect the substantial rights of the parties
1. True
2. False: The court MUST disregard ANY error/defect in the proceedings which does not affect the substantial rights of the parties.
When a motion for a new trial is requested:
1. THIS occurs when a verdict is returned, and
2. THIS occurs when a verdict has not been returned
1. Court's discretion: Judgment stands or is reopened, New trial, or entry of judgment
2. Court may direct entry of judgment or new trial as if verdict had been directed.
1. An acceptance must be within _____ days or else the proposal is REJECTED. An acceptance cannot be made____, and must be in writing
2. If the existence of a class is alleged, the acceptance shall be extended to _____ after date of order granting/denying certification is filed.
1. 30 Days; Orally
2. 30 days
Jurors under *1.431 are subject to these 6 generalized factors
(a)-(i)
1. Questionnaire (used after names selected but before certification; used to determine unqualified jurors)
2. Oral examination; determined by court; reasonable examination by court and parties
3. Swearing in (When jury accepted by parties or all challenges exhausted)
4. Alternation (Replace DQ jurors; subject to same factors (a)-(i); Subject to discharge; 1 preemptory challenge for parties)
5. Interviewing (used for legal challenge to verdict; by motion served within 15 days or good cause)
6. Limited communication (On record in court/writing and filed; no ex parte that may affect outcome of trial; immediate notification of cotnravention)
True/False: the existence of crossclaims among parties ALWAYS prevents the court from setting the action for trial on issues raised by the complaint, answer, and answers to counterclaims
*1.440(a)