Florida Civil Procedure

Unless the court provides otherwise, every pleading and every paper filed in an action, except applications for witness subpoena, must be served on each __________.

A defense of lack of jurisdiction over ________________ may be raised at any time.

A motion to strike is used to attack a pleading which contains _________, ___________, ______________, or _________ allegations.

At a pretrial conference, the court may determine the limitation of the number of ________ witnesses.

For statute of limitations purposes, an action dismissed for forum non conveniens in Florida is treated as though it was filed in the alternative forum on the date it was actually _____________ in Florida court.

In rem actions require notice to ___________ of the parties who might have an interest in the property

• None

• A few

• Some

• Most

• All

Even if a counterclaim does not arise out of the transaction or occurence that is the subject matter of the opposing party's claim, it may be stated as a _____________ counterclaim.

Each party has _________ peremptory challenges available to excuse potential jurors for reasons other than manifest prejudice or relationship to a party.

Interrogatories may not exceed _______ unless the court permits a larger number on motion and notice and for good cause.

Execution on judgments may issue during the life of the judgment on the __________ of the party entitled it.

A ____________ is a quasi-judicial hearing officer designated by the court to perform judicial or ministerial acts.

In a motion for directed verdict, moving party must show that no __________ jury could possibly resolve the issues in favor of the nonmoving party based on _________ just presented at trial.

Jurisdictional limit of small claims court is

All original papers filed in an action must be filed with the court either ___________ service or immediately _________ service.

If a party refuses to comply with a discovery request and party seeking discovery moves for a court order compelling discovery, party seeking discovery must certify that the moving party in _________ conferred or attemped to confer with party failing to comply with discovery request to obtain discovery without court action.

The court must permit jurors to submit _________ directed to the witnesses or to the court, which must be submitted in ___________, are read to counsel by judge outside of jury presence (giving counsel an opportunity to object), and then directed to the witness if permitted by rules of evidence.

Service of process on a partnership may be accomplished by serving any ___________.

If a plaintiff voluntarily dismisses claim against respondent, dismissal is _____________ unless otherwise specified, but if plaintiff has once dismissed in any court an action based on or including the same claim, the notice of dismissal operates as an ______________ on the merits.

If no activity has occurred in a case for ______ months and no order staying the action has been issued by the court, any interested person may serve notice to all parties that no record activity has occured, and if no more activity occurs within the next _____ days, the action will be dismissed for lack of prosecution unless plaintiff shows good cause why action should remain pending

A proposal for settlement is considered rejected if it is not accepted in __________ within ___ days of service.

A demand for a jury trial must be filed by any party no later than  ________ days after the service of the last pleading directed to the issue to be resolved, but cannot thereafter be withdrawn without the consent of ____ the parties.

Unless matter is in exclusive jurisdiction of county courts, county courts have subject matter jurisdiction over civil actions where amount in controversy does not exceed

County courts have subject matter jurisdiction over dissolution of marriage when dissolution proceeding is

Circuit court hears appeals from county courts unless the appeals concern orders that declare invalid a __________ or are certified as ___________ to the district court of appeals.

An action may be dismissed for forum non conveniens if the court finds another forum has jurisdiction over the _________ case, the court finds all relevant factors of ________ interest favor the other forum, or, if the balance of __________ interests is nearly equal, ___________ interests favor the alternative forum.

A defendant may _________ service by mail and _________ formal service of process requirements.

Service by publication is _____ permissible when personal service can be effected.

• Never

• Probably

• Sometimes

• Always

Depositions may be read into trial record when the deponent is farther than _______ miles from the court or ________ of the state of Florida, unless it appears the absence was procured by the party offering the deposition.

_____________ magistrates are appointed to serve until removed and must take a  constitutional oath, but _________ magistrates are appointed in a particular action and generally are not required to take an oath.

Each juror is permitted to take __________ during the trial for his or her personal use, which are delivered to the judge after deliberations and __________ without being read by anyone.

On a money judgment, the execution cannot be issued unless the judgment is both _______ and ________, meaning there cannot be a motion for a new trial or rehearing timely filed.

Final process to enforce a judgment for the recovery of property is made by a writ of possession for ____________, and by a writ of _________ or a writ of ___________ for personal property.

Although usually the movant in a temporary injunction action is required to give a bond to offset costs and damages to adverse party if wrongfully enjoined, no bond is required for a temporary injunction issued solely to prevent _____________or __________ of a natural person.

A deponent is entitled to _________ his deposition before a copy is filed in court, but the opportunity to do so can be _________ by the deponent.

Except in actions where ____________ has been seized or is in the custody of the court, action may be voluntarily dismissed by plaintiff without order of court at any time before submission of case to jury or court for decision.

When the defendant fails to file or serve any paper in the action, the plaintiff may seek an order of _________.

Every domestic or foreign corporation qualified to transact business in Florida must designate a registered _________ and a registered _________ for service of process.

______________ parties may sue in their own names on behalf of a party without joining the party for whose benefit the action is brought.

An agreement under which any person may be liable for part or all of a judgment entered in the action or to indemnify or reimburse a party for payments satisfying the judgment is __________ but is not admissible at __________.

In Florida, the judge is not permitted to comment on the ___________ of the evidence or the ___________ of the witnesses.

Florida Supreme Court may issue any necessary writs except writs of _________.

• Certiorari

• Mandamus

• Quo warranto

• Prohibition

• Habeas corpus

County courts have subject matter jurisdiction over all violations of which ordinances?

Circuit courts have subject matter jurisdiction over actions involving legality of any

In the Florida Supreme Court, ________ justices constitute a quorum, and at least ________ justices must agree to render a binding decision.

For in personam jursidiction, long-arm statutes apply in paternity actions if the defendant engages in __________________ in Florida with respect to which a child may have been ______________.

In a quasi-in-rem action, if a defendant _________ in the state to defend the action, Florida gains in personam jursidiction over the defendant.

In determining where a cause of action accrues, look to where the _______________ comprising the cause of action occurs.

An action against a _________________ may be brought in any county.