CIVIL PROCEDURE (LAW 5011)
FROLIDA LAW RULES FOR FINAL
EXAM COMPLETE AND VERIFIED
RATED A BARRY UNIVERSITY.
, Florida Civil Practice Final Study Guide
• 1.010: Scope and Title of Rules
o These rules shall be construed to secure the just, speedy, and inexpensive
determination of every action.
• 1.030: Nonverification of Pleadings
o Except when otherwise specifically provided by these rules or an applicable
statute, every pleading or other document of a party represented by an attorney
need not be verified or accompanied by an affidavit.
• 1.060: Transfers of Actions
o (a) Transfers of Courts: If it should appear at any time that an action is pending in
the wrong court of any county it may be transferred to the proper court within said
county by the same method as provided by rule 1.170(j).
o (b) Wrong Venue: When any action is filed laying venue in the wrong county, the
court may transfer the action to the proper county where it may have been brought
in accordance to the venue statues. When the venue might have been laid in 2 or
more counties the person bringing the action may select the county to which the
action is transferred but if not, selection is made the matter shall be determined by
the court.
o (c) Method: the service charge of the clerk of the court to which an action is
transferred under this rule shall be paid by the party who commenced the action
within 30 days from the date the order of transfer is entered. If service charge is
not paid within 30 days the action shall be dismissed without prejudice by the
court that entered the order of transfer.
• 1.070: Process
o (a) Summons; Issuance: Upon the commencement of this action, summons or
other process authorized by law shall be issued forthwith by the clerk or judge
under the clerk’s or the judge’s signature and the seal of the court and delivered
for service without recipe.
o (b) Service; By Whom Made: Service of process may be made by an officer
authorized by law to serve process, but the court may appoint any competent
person not interest in the action to serve the process. When so appointed the
person serving shall make proof of service by affidavit promptly. Failure to make
proof of service shall not affect the validity of service.
o (c) Service; Numerous Defendants: If there is more than 1 defendant the clerk or
judge shall issue many writs of process against the several DFs as may be directed
by the PL or the PL’s attorney.
• 1.080: Service and Filing of Pleadings, Orders and Documents
o 2.516: service
o 2.525: Filing
• 1.090: Time
o When a period is stated in days pick the day that is not a holiday or weekday >
next day from when period is given
o Count every day including weekends and holidays
o Excusable neglect: Systematic Problem such as a calendar error
o Non-excusable neglect: Individual error and no system in place
Page 1 of 13
FROLIDA LAW RULES FOR FINAL
EXAM COMPLETE AND VERIFIED
RATED A BARRY UNIVERSITY.
, Florida Civil Practice Final Study Guide
• 1.010: Scope and Title of Rules
o These rules shall be construed to secure the just, speedy, and inexpensive
determination of every action.
• 1.030: Nonverification of Pleadings
o Except when otherwise specifically provided by these rules or an applicable
statute, every pleading or other document of a party represented by an attorney
need not be verified or accompanied by an affidavit.
• 1.060: Transfers of Actions
o (a) Transfers of Courts: If it should appear at any time that an action is pending in
the wrong court of any county it may be transferred to the proper court within said
county by the same method as provided by rule 1.170(j).
o (b) Wrong Venue: When any action is filed laying venue in the wrong county, the
court may transfer the action to the proper county where it may have been brought
in accordance to the venue statues. When the venue might have been laid in 2 or
more counties the person bringing the action may select the county to which the
action is transferred but if not, selection is made the matter shall be determined by
the court.
o (c) Method: the service charge of the clerk of the court to which an action is
transferred under this rule shall be paid by the party who commenced the action
within 30 days from the date the order of transfer is entered. If service charge is
not paid within 30 days the action shall be dismissed without prejudice by the
court that entered the order of transfer.
• 1.070: Process
o (a) Summons; Issuance: Upon the commencement of this action, summons or
other process authorized by law shall be issued forthwith by the clerk or judge
under the clerk’s or the judge’s signature and the seal of the court and delivered
for service without recipe.
o (b) Service; By Whom Made: Service of process may be made by an officer
authorized by law to serve process, but the court may appoint any competent
person not interest in the action to serve the process. When so appointed the
person serving shall make proof of service by affidavit promptly. Failure to make
proof of service shall not affect the validity of service.
o (c) Service; Numerous Defendants: If there is more than 1 defendant the clerk or
judge shall issue many writs of process against the several DFs as may be directed
by the PL or the PL’s attorney.
• 1.080: Service and Filing of Pleadings, Orders and Documents
o 2.516: service
o 2.525: Filing
• 1.090: Time
o When a period is stated in days pick the day that is not a holiday or weekday >
next day from when period is given
o Count every day including weekends and holidays
o Excusable neglect: Systematic Problem such as a calendar error
o Non-excusable neglect: Individual error and no system in place
Page 1 of 13
