Florida Civil Practice Final Exam
What is required to set aside a default? - ANS- Due diligence, excusable neglect, and
meritorious defense
How much advance notice is required for a deposition? - ANS- Rule 1.310 only requires
"reasonable notice"
How can your client accept a Rule 1.442 proposal for settlement? - ANS- By written
notice of acceptance 30 days after service of the proposal
Who is required to attend mediation on behalf of an insured corporate defendant? - ANS-
An insurance adjuster with full authority to settle
What is the deadline for filing affidavits in opposition to a Rule 1.530 motion for new
trial? - ANS- 10 days after service of the motion for new trial, but up to 20 days after
service of the motion, upon good cause & court order
Who may attend the deposition of a minor child? - ANS- The child's parent, legal
guardian, and lawyer
Who must be served with a notice of constitutional question? - ANS- The Attorney
General or the State Attorney where the action is pending
How many days after service of process does a NON government defendant have to
serve a responsive pleading or motion? - ANS- 20 days
What is the maximum number of requests for admission that can be served without
obtaining leave of court? - ANS- 30
How soon can a plaintiff take depositions following service of process without leave of
court? - ANS- 30 days
How soon does a defendant have to serve a responsive pleading following an order
denying the a motion to dismiss? - ANS- 10 days OR whatever time is fixed by the court
in the order denying the motion
Which of the following is an appropriate remedy for claims by or against misjoined
parties: dismissal, severance, abatement, or an order striking the misjoined parties? -
ANS- Severance
, A motion seeking relief from the court must... - ANS- - Be made in writing unless made
during a hearing or trial;
- State with particularity the grounds for it; and
- Set forth the relief or order sought
What constitutes excusable neglect for an extension of time? - ANS- A breakdown of the
tickler and calendar systems in an attorney's office AND/OR secretarial or clerical error
How many days does the plaintiff have after commencement of an action to serve the
summons and complaint? - ANS- 120 days
Is convenience of the lawyers a factor to be considered by the court in ruling on a motion
to consolidate? - ANS- No
Must a motion for continuance recite the grounds for the continuance? - ANS- Yes
Must a court consider unnecessary costs and delays when ruling on a motion to
consolidate? - ANS- Yes
What must a court consider when ruling on a motion to consolidate? - ANS- (1) whether
the trial process will be accelerated due to the consolidation
(2) whether unnecessary costs and delays can be avoided by consolidation
(3) whether there is the possibility for inconsistent verdicts
(4) whether consolidation would eliminate duplicative trials that involve substantially the
same core operative facts and questions of law
(5) whether consolidation would deprive a party of a substantive right.
Must a motion for continuance based on witness unavailability indicate when the witness
will be available? - ANS- Yes
Must a court consider whether the litigation will be accelerated when ruling on a motion
to consolidate? - ANS- Yes
Can a case ONLY be referred to mediation after all discovery has been completed? -
ANS- No
Must an expert witness provide you with his/her college transcripts if requested in
discovery? - ANS- No
What is required to set aside a default? - ANS- Due diligence, excusable neglect, and
meritorious defense
How much advance notice is required for a deposition? - ANS- Rule 1.310 only requires
"reasonable notice"
How can your client accept a Rule 1.442 proposal for settlement? - ANS- By written
notice of acceptance 30 days after service of the proposal
Who is required to attend mediation on behalf of an insured corporate defendant? - ANS-
An insurance adjuster with full authority to settle
What is the deadline for filing affidavits in opposition to a Rule 1.530 motion for new
trial? - ANS- 10 days after service of the motion for new trial, but up to 20 days after
service of the motion, upon good cause & court order
Who may attend the deposition of a minor child? - ANS- The child's parent, legal
guardian, and lawyer
Who must be served with a notice of constitutional question? - ANS- The Attorney
General or the State Attorney where the action is pending
How many days after service of process does a NON government defendant have to
serve a responsive pleading or motion? - ANS- 20 days
What is the maximum number of requests for admission that can be served without
obtaining leave of court? - ANS- 30
How soon can a plaintiff take depositions following service of process without leave of
court? - ANS- 30 days
How soon does a defendant have to serve a responsive pleading following an order
denying the a motion to dismiss? - ANS- 10 days OR whatever time is fixed by the court
in the order denying the motion
Which of the following is an appropriate remedy for claims by or against misjoined
parties: dismissal, severance, abatement, or an order striking the misjoined parties? -
ANS- Severance
, A motion seeking relief from the court must... - ANS- - Be made in writing unless made
during a hearing or trial;
- State with particularity the grounds for it; and
- Set forth the relief or order sought
What constitutes excusable neglect for an extension of time? - ANS- A breakdown of the
tickler and calendar systems in an attorney's office AND/OR secretarial or clerical error
How many days does the plaintiff have after commencement of an action to serve the
summons and complaint? - ANS- 120 days
Is convenience of the lawyers a factor to be considered by the court in ruling on a motion
to consolidate? - ANS- No
Must a motion for continuance recite the grounds for the continuance? - ANS- Yes
Must a court consider unnecessary costs and delays when ruling on a motion to
consolidate? - ANS- Yes
What must a court consider when ruling on a motion to consolidate? - ANS- (1) whether
the trial process will be accelerated due to the consolidation
(2) whether unnecessary costs and delays can be avoided by consolidation
(3) whether there is the possibility for inconsistent verdicts
(4) whether consolidation would eliminate duplicative trials that involve substantially the
same core operative facts and questions of law
(5) whether consolidation would deprive a party of a substantive right.
Must a motion for continuance based on witness unavailability indicate when the witness
will be available? - ANS- Yes
Must a court consider whether the litigation will be accelerated when ruling on a motion
to consolidate? - ANS- Yes
Can a case ONLY be referred to mediation after all discovery has been completed? -
ANS- No
Must an expert witness provide you with his/her college transcripts if requested in
discovery? - ANS- No
