Numbers and Dates
What actions can be done within 10 days?
1. Response to amended pleadings (unless extended by court)
2. Demand for Jury trial (made within 10 days of service of the last pleading.)
What is a motion?
formal request made to a court, asking the judge to issue an order or ruling on a specific issue in a case.
what is service by publication?
when you make service through a newspaper after making diligent search of the Def's whereabouts, which is sworn in an affidavit.
The county Court is a court of limited JXN, what are the matters it can hear?
- Actions not exceeding 50k
-HOA disputes
-Municipal and county Ordinances
- Matters of Equity not exceeding 50k
In an answer, what is the effect of pleading without knowledge of allegations?
What actions can happen within 15 days?
1. Motion for a new trial (15 dys within Verdict OR judgement- needs to specify the grounds and allege prejudice not harmless error.
2. JNOV (within 15 days of the return of verdict or discharge of jury IF no verdict)
What is a motion for judgement on the pleadings?
Similar to a motion to dismiss but MUST be made AFTER Pleadings are closed and ANSWER is filed.
what are the rules for substitution of sevice?
if it is at one's abode: the person receiving it must live there and be at least 15 years old. you need to inform them that the contents are a summons and complaint.
if serving a spouse, can be done anywhere in the county.
Circuit Courts are courts of General Jxn, what types of matters can it hear?
- Non- criminal infractions (traffic)
- Matters exceeding 50k
- Writ of Cert. to non-final orders
- Quasi-legislative agency decisions
what is a compulsory Counter claim?
Arises out of the same T and O, must be served in an answer OTHERWISE waived.
How many days do you have to waive Service of Process both in the U.S. and outside the U.S.
20 days in the U.S.
30 Days if outside the U.S.
What is a motion for a directed verdict?
Can be filed before the case is submitted to the jury. Grounds: Insufficient evidence to support the non-movant's claim. Even if all the evidence is true a reasonable juror could not find for the oppossing side.
what are the rules for service by mail?
Defendant waives personal service, the waiver MUST be in writing, certified mail with a return receipt.
By doing this the DEF will get: 60 days to answer.
If the DEF denies this then ther will pay for service by Plaintiff.
What are the MANDATORY areas of JXN for the Florida Supreme Court?
Capital offense
DCA decisions that invalidate FLA stat. or FL constitutional provisions.
Validating issuance of bonds or certificates
Agency decisions setting utility prices.
when do you plead with Specificity?
what Actions can take place within 20 days? (9)
1. Pre-Answer motions (filed within time to serve answer)
2. Answer to Complaint ( 20 days of service of process)
3. Reply (reply to defendant's answer)
4. Amended pleadings (within time to respond OR before responsive pleading is served)
5. Answer to counterclaim or crossclaim
6. setting action for trial (within 20 days of service of last pleading)
7. Motion for Summary Judgement (PL must wait 20 days after commencement)
8. Impleader
9. PTC
What is a motion for summary judgment?
party asks the court to rule in its favor based on the argument that there are no genuine issues of material fact and that the party is entitled to judgment as a matter of law.
- the motion should include evidence (affidavit, depos, interrogatories)
- must be filed 20 days before trial.
Can you attempt service on a Sunday?
NO. UNLESS, DEF is using this rule to evade service.
What are the Discretionary areas of JXN for the FL Supreme Court?
Decisions affecting constitutional officers
DCA that validate FLA stat. or the Florida Constitution
DCA decisions that conflict with DCA's
Cert matters of great public importance from federal circuit court.
What is a motion for summary judgement? What must it contain?
Granted when: No genuine issue of material fact, and party is entitled to a judgement as a matter of law. A defendant can move foe it at anytime, but a PL must wait 20 days after commencement.
Must contain: Grounds with particularity, substantial matters of law to be argued. and identify any evidence that the movant will rely such as: affidavits, depositions, any other document that is admissible.
what actions can take place within 30 days? (8)
1. Cross Questions.
2. Oral depositions.
3. Letter Rogatories.
4. Request For Assessment.
5. Request For Production.
6. Request For Medical Exam.
7. Motion for cost and fees.
8. Appeals.
What is a motion for new trial when and how do you bring it?
Motion asking for a new trial after you lose.
Filed within 10 days after the final judgement or verdict. Include evidence and specify the grounds eg. New evidence, Fraud, jury decided the case by lot etc...
how do you serve a corporation?
First: President, VP, or other heads of the corp.
Second: general manager, secretary, treasurer, cashier
Third: Any director
Fourth: Any agent or officer who lives in FLA
What is the District Court of Appeal JXN?
Final orders not directly appealable to the FL supreme Court
quasi-judicial state agency decisions
most county court decisions.
When is a motion to dismiss made? What defenses are never waived?
Motion to dismiss is made before an answer.
Defenses not waived: Lack of SMJ, Failure to state claim, failure to join an indispensable party,