Florida Civil Practice Final Exam
What is required to set aside a default? correct answersDue diligence,
excusable neglect, and meritorious defense
How much advance notice is required for a deposition? correct answersRule
1.310 only requires "reasonable notice"
How can your client accept a Rule 1.442 proposal for settlement? correct
answersBy written notice of acceptance 30 days after service of the
proposal
Who is required to attend mediation on behalf of an insured corporate
defendant? correct answersAn 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? correct answers10 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? correct answersThe
child's parent, legal guardian, and lawyer
Who must be served with a notice of constitutional question? correct
answersThe 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? correct
answers20 days
What is the maximum number of requests for admission that can be
served without obtaining leave of court? correct answers30
How soon can a plaintiff take depositions following service of process
without leave of court? correct answers30 days
How soon does a defendant have to serve a responsive pleading following
an order denying the a motion to dismiss? correct answers10 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? correct answersSeverance
A motion seeking relief from the court must... correct answers- 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? correct
answersA 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? correct answers120 days
Is convenience of the lawyers a factor to be considered by the court in
ruling on a motion to consolidate? correct answersNo
Must a motion for continuance recite the grounds for the
continuance? correct answersYes
Must a court consider unnecessary costs and delays when ruling on a
motion to consolidate? correct answersYes
What must a court consider when ruling on a motion to consolidate? correct
answers(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? correct answersYes
Must a court consider whether the litigation will be accelerated when ruling
on a motion to consolidate? correct answersYes
Can a case ONLY be referred to mediation after all discovery has been
completed? correct answersNo
Must an expert witness provide you with his/her college transcripts if
requested in discovery? correct answersNo
Is service of pleadings via e-mail complete upon confirmation of service by
a Microsoft Outlook delivery receipt? correct answersNo
What is required to set aside a default? correct answersDue diligence,
excusable neglect, and meritorious defense
How much advance notice is required for a deposition? correct answersRule
1.310 only requires "reasonable notice"
How can your client accept a Rule 1.442 proposal for settlement? correct
answersBy written notice of acceptance 30 days after service of the
proposal
Who is required to attend mediation on behalf of an insured corporate
defendant? correct answersAn 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? correct answers10 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? correct answersThe
child's parent, legal guardian, and lawyer
Who must be served with a notice of constitutional question? correct
answersThe 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? correct
answers20 days
What is the maximum number of requests for admission that can be
served without obtaining leave of court? correct answers30
How soon can a plaintiff take depositions following service of process
without leave of court? correct answers30 days
How soon does a defendant have to serve a responsive pleading following
an order denying the a motion to dismiss? correct answers10 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? correct answersSeverance
A motion seeking relief from the court must... correct answers- 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? correct
answersA 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? correct answers120 days
Is convenience of the lawyers a factor to be considered by the court in
ruling on a motion to consolidate? correct answersNo
Must a motion for continuance recite the grounds for the
continuance? correct answersYes
Must a court consider unnecessary costs and delays when ruling on a
motion to consolidate? correct answersYes
What must a court consider when ruling on a motion to consolidate? correct
answers(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? correct answersYes
Must a court consider whether the litigation will be accelerated when ruling
on a motion to consolidate? correct answersYes
Can a case ONLY be referred to mediation after all discovery has been
completed? correct answersNo
Must an expert witness provide you with his/her college transcripts if
requested in discovery? correct answersNo
Is service of pleadings via e-mail complete upon confirmation of service by
a Microsoft Outlook delivery receipt? correct answersNo
