Florida Procedures Assignment #$1$

For the following questions, provide the rule number and a short answer. Please base on Florida Rule

$1.$ Explain when a civil action is commenced, and explain the exception to

the rule.

$2.$ Provide three ways delivery of a pleading or paper is considered

complete.

$3.$ What must a certificate of service include?

$4.$ When a party files a motion, what does the party seek in return?

$5.$ Use the calendar to answer the following question:

Jonah$$s answer to the complaint was due Friday, June $1.$ He sought a $14-$day

extension, which the trial court granted on Monday, June $4.$ When is Jonah$$s

answer due? June

Su Mo Tu We Th Fr Sa

$12$

$3456789$

$10111213141516$

$17181920212223$

$24252627282930$

$6.$ List three of the six required items a pleading must contain.

$7.$ Provide an example of a claim for relief and the three requirements a

claim for relief should contain.

$8.$ When must a party seek leave of court to take a person$$s deposition?

$9.$ Generally, when a party does not deny an allegation in a pleading, a

failure to deny is deemed an admission. What is the exception?

$10.$ List three ways a party may obtain discovery.

$11.$ Use the calendar below to answer the following question:

Andrea wants to file a motion for new trial. The jury verdict was rendered

Wednesday, August $8,2012.$

August

Su Mo Tu We Th Fr Sa

$1234$

$567891011$

$12131415161718$

$19202122232425$

$262728293031$

By when must Andrea serve the motion for new trial?

$12.$ Mary Ellen sued David Waters in civil court for breach of contract.

David now wants to sue Mary Ellen because he believes Mary Ellen

violated one of their contract stipulations. What type of claim should

David file?

$13.$ List three types of defenses that may be made by motion.

$14.$ When should a party file a motion to strike and by when must a party

move to strike?

$15.$ Explain what a permissive counterclaim is$.$

$16.$ Alicia files a claim against Roberta. Alicia changes her mind and wants

to dismiss the action. Must Alicia seek the court$$s approval?

$17.$ Todd is thinking about suing Marie. Todd has not yet served a complaint but sends a demand for jury trial to Marie$$s counsel. Is the demand valid?

$18.$ Grace and Isaiah proceeded to a non$-$jury trial. Grace did not prevail at

trial and appealed the judgment to the appellate court without first filing a

motion for rehearing in the trial court. Is this acceptable?

$19.$ Use the calendars below to answer the following question:

Doug sued the Department of Financial Services. Doug served his complaint

on Friday, August $3.$ By when must the Department file an answer to the

complaint?

August

Su Mo Tu We Th Fr Sa

$1234$

$567891011$

$12131415161718$

$19202122232425$

$262728293031$

September

Su Mo Tu We Th Fr Sa

$12345678$

$9101112131415$

$16171819202122$

$23242526272829$

$30$

$20.$ Peter sues Daniel for breach of contract. Daniel files an action against

Connor based on an allegation that Connor is liable to Daniel for all or part of

the amount of which Daniel may be liable to Peter. What is the action of Daniel

against Connor called?