Florida Civil Practice Final Exam
Questions and Answers
What must a court consider when ruling on a motion to consolidate? - ANSWER-(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? - ANSWER-Yes
Must a court consider whether the litigation will be accelerated when ruling on a
motion to consolidate? - ANSWER-Yes
Can a case ONLY be referred to mediation after all discovery has been completed? -
ANSWER-No
Must an expert witness provide you with his/her college transcripts if requested in
discovery? - ANSWER-No
Is service of pleadings via e-mail complete upon confirmation of service by a
Microsoft Outlook delivery receipt? - ANSWER-No
When is service of pleadings via e-mail complete? - ANSWER-
Is the Florida Bar Number of all counsel of record required in the body of an e-mail
serving pleadings? - ANSWER-No
What is required in the body of an e-mail serving pleadings? - ANSWER-
Must a motion to strike sham pleadings be verified? - ANSWER-Yes
May a videographer hired by the plaintiff attend a compulsory physical examination
of the plaintiff? - ANSWER-Yes
Does the governor have the exclusive authority to adopt rules of practice and
procedure in the Florida courts? - ANSWER-No
Who has the exclusive authority to adopt rules of practice and procedure in the
Florida courts? - ANSWER-Florida Supreme Court
, Does the deposition of an incarcerated individual require leave of court? - ANSWER-
Yes
In a personal injury lawsuit for a minor child's injuries, is the real party in interest the
child's guardian ad litem? - ANSWER-No
In a personal injury lawsuit for a minor child's injuries, who is the real party in
interest? - ANSWER-
A post-verdict Rule 1.480 motion for directed verdict must be made within how many
days of the verdict? - ANSWER-15 days
Mediation must be held within how many days of the order of referral? - ANSWER-
Must mediation be held within 45 days of the order of referral? - ANSWER-No
Must a Rule 1.480 motion for directed verdict be renewed at the close of all the
evidence? - ANSWER-Yes
Is an estimate of the time required for trial required in a notice for trial? - ANSWER-
Yes
What is required in a notice for trial? - ANSWER-
Is an accident reconstruction engineer an expert witness subject to the discovery
provisions of Rule 1.280? - ANSWER-Yes
Is failure to wear an available, operational seatbelt a defense that can be raised by
motion at the option of a pleader? - ANSWER-No
Are incident reports prepared in anticipation of litigation work product? - ANSWER-
Yes
Can failure to secure the presence of a non-party witness at deposition by serving a
subpoena result in sanctions? - ANSWER-Yes
When an elected official is sued in his/her official capacity, who is automatically
substituted? - ANSWER-The elected official's successor
Must a party responding to discovery with a response that was complete supplement
when learning of new information? - ANSWER-No
Are witness statements work product? - ANSWER-Yes
Is a party entitled to a copy of his/her own statement(s)? - ANSWER-Yes
Can failure of a party to attend mediation with full, on-site settlement authority result
in an award of sanctions? - ANSWER-Yes
Questions and Answers
What must a court consider when ruling on a motion to consolidate? - ANSWER-(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? - ANSWER-Yes
Must a court consider whether the litigation will be accelerated when ruling on a
motion to consolidate? - ANSWER-Yes
Can a case ONLY be referred to mediation after all discovery has been completed? -
ANSWER-No
Must an expert witness provide you with his/her college transcripts if requested in
discovery? - ANSWER-No
Is service of pleadings via e-mail complete upon confirmation of service by a
Microsoft Outlook delivery receipt? - ANSWER-No
When is service of pleadings via e-mail complete? - ANSWER-
Is the Florida Bar Number of all counsel of record required in the body of an e-mail
serving pleadings? - ANSWER-No
What is required in the body of an e-mail serving pleadings? - ANSWER-
Must a motion to strike sham pleadings be verified? - ANSWER-Yes
May a videographer hired by the plaintiff attend a compulsory physical examination
of the plaintiff? - ANSWER-Yes
Does the governor have the exclusive authority to adopt rules of practice and
procedure in the Florida courts? - ANSWER-No
Who has the exclusive authority to adopt rules of practice and procedure in the
Florida courts? - ANSWER-Florida Supreme Court
, Does the deposition of an incarcerated individual require leave of court? - ANSWER-
Yes
In a personal injury lawsuit for a minor child's injuries, is the real party in interest the
child's guardian ad litem? - ANSWER-No
In a personal injury lawsuit for a minor child's injuries, who is the real party in
interest? - ANSWER-
A post-verdict Rule 1.480 motion for directed verdict must be made within how many
days of the verdict? - ANSWER-15 days
Mediation must be held within how many days of the order of referral? - ANSWER-
Must mediation be held within 45 days of the order of referral? - ANSWER-No
Must a Rule 1.480 motion for directed verdict be renewed at the close of all the
evidence? - ANSWER-Yes
Is an estimate of the time required for trial required in a notice for trial? - ANSWER-
Yes
What is required in a notice for trial? - ANSWER-
Is an accident reconstruction engineer an expert witness subject to the discovery
provisions of Rule 1.280? - ANSWER-Yes
Is failure to wear an available, operational seatbelt a defense that can be raised by
motion at the option of a pleader? - ANSWER-No
Are incident reports prepared in anticipation of litigation work product? - ANSWER-
Yes
Can failure to secure the presence of a non-party witness at deposition by serving a
subpoena result in sanctions? - ANSWER-Yes
When an elected official is sued in his/her official capacity, who is automatically
substituted? - ANSWER-The elected official's successor
Must a party responding to discovery with a response that was complete supplement
when learning of new information? - ANSWER-No
Are witness statements work product? - ANSWER-Yes
Is a party entitled to a copy of his/her own statement(s)? - ANSWER-Yes
Can failure of a party to attend mediation with full, on-site settlement authority result
in an award of sanctions? - ANSWER-Yes
