Civil Procedure Florida Bar MC Study Guide With 100% Correct Answers Guaranteed Success.

Within 120 days of filing. - correct answer When must a summons or complaint be served? Count weekends and holidays if service period is 20 days. Do not count weekend and holidays for service under 7 days. - correct answer How do you calculate the days to respond after being served? An answer must be served within 20 days of service of process - correct answer When must an answer be served? Within 20 days - correct answer When must a reply be served after the answer? A pleading may be amended once before a responsive pleading is served, or it may be amended within 20 days of service of the pleading - correct answer When may a party file an amended pleading? Within 10 days of service of the amended pleading - correct answer When must a party respond to anamended complaint It must be raised in the responsive pleading or it will be deemed permanently waived - correct answer In what pleading must a compulsory counterclaim be raised? A permissive counterclaim can be raised in the answer or separate pleading - correct answer When may a permissive counterclaim be raised? A cross-claim is permissive in Florida A cross claim can be raised in an answer or in a separate pleading - correct answer Are cross-claims required in Florida? When can the issue be raised? 20 days - correct answer When must an answer to a cross-claim and counterclaim be made? The motion may be made before responsive pleading is filed if pleading is vague or ambiguous The motion must be made within 10 days - correct answer When can a motion for a more definite statement be made? When must the response be made? 1. lack of subject matter jurisdiction 2. insufficiency or process/service of process 3. failure to state a cause of action/legal defenses 4. join indispensable party 5. improper venue - correct answer For what reasons may a party file a motion to dismiss? A lack of subject matter jurisdiction may be raised at any time by party or court, and can be raised on appeal for 1st time - correct answer When must a motion to dismiss for a lack of subject matter jurisdiction be raised? Must be filed in a pre-answer motion or raised in an answer or amendment If not raised in pre-answer or answer, then the party waives this defense - correct answer When must a Motion for a Lack of Personal Jurisdiction be filed? What if not filed by then? Must be filed in a pre-answer motion or raised in an answer or amendment If not raised in pre-answer or answer, then the party waives this defense - correct answer When must a Motion for Improper Venue be filed? What if not filed by then? Must be filed in a pre-answer motion or raised in an answer or amendment If not raised in pre-answer or answer, then the party waives this defense - correct answer When must a motion for insufficiency of Process be filed? What if not filed by then? Must be filed in a pre-answer motion or raised in an answer or amendment If not raised in pre-answer or answer, then the party waives this defense - correct answer When must a motion for insufficiency of Service of process be filed? What if not filed by then? Must be made after the pleadings are closed but before trial - correct answer When must a motion for judgment on pleadings be made? When a person not a party to the action is brought in the case and liable to the person - correct answer What is IMPLEADER? Within 20 days - correct answer When must an impleader be filed after a defendant's answer They must be answered within 30 days of service. 45 days after service for the defendant The parties are limited to 30 question - correct answer When must a Request for Admissions be answered? How many admissions are parties limited to? They must be answered within 30 days of request. 45 days after service of complaint for the defendant - correct answer When must a Request for Production be answered? Quizlet Must respond to the writing within 30 days of receiving the request or 45 days after initial service for a defendant - correct answer When must the party who will be examined respond after receiving the request for examination of persons? Within 60 days of expedited trial order The Case can be tried within 30 days of this period - correct answer When must discovery be completed? When can the case be tried after this? If here is no record activity within a period of 10 months, a notice may be provided. After that time, if no activity occurs for 60 days following, the action is dismissed - correct answer When does involuntary dismissal for lack of prosecution occur? A plaintiff may move for summary judgment anytime after 20 days from the commencement of the action A defendant may move for summary judgment at any time Summary judgment must be served at least 20 days before the hearing - correct answer When can a plaintiff move for summary judgment? When can a defendant move for summary judgment? When MUST summary judgment be served? at least 30 days - correct answer How much notice is required for notice of a trial date? A jury demand must be made no later than 10 days after service of last pleading This must be made in writing or waived - correct answer When can a demand for jury be made? At the close of the plaintiffs case, if the plaintiff has failed to prove essential element or At close of evidence - correct answer When must a demand for a direct verdict be requested? within 10 days of the return of a verdict a party who has timely moved for a directed verdict can file the motion - correct answer When must a motion to set aside the verdict (JNOV) be requested? Within 10 days of the return of a verdict A court may order a rehearing or new trial on its own initiative without motion within that same 10 day period