FBBE Florida Rules of Procedure Questions and Answers

Question 1

In a personal injury case in a Florida circuit court, the plaintiff's attorney serves an interrogatory asking the defendant to identify all individuals who witnessed the incident.
The defendant's attorney objects, claiming the list of eyewitnesses is protected work product because it was compiled by the defense's private investigator in anticipation of litigation.
How should the court rule on the objection?

Accepted Answer

Overrule the objection because the identity and location of persons with knowledge of discoverable matter is not protected work product.

Answer

Sustain the objection because information gathered by a party's representative in anticipation of litigation is always protected work product.

Answer

Sustain the objection unless the plaintiff can demonstrate a substantial need for the list and an inability to obtain the information through other means without undue hardship.

Answer

Overrule the objection because work product protection only applies to the mental impressions and legal theories of the attorney, not facts gathered by an investigator.

Question 2

A defendant is arrested for a felony in Florida and is released on bond. 70 days after the arrest, with no trial date set, the defendant files a proper 'Demand for Speedy Trial.' What is the direct procedural consequence of filing this demand?

Accepted Answer

The court must hold a calendar call within 5 days of the demand, and the defendant must be brought to trial within 50 days of the demand.

Answer

The State must bring the defendant to trial within 175 days from the date of arrest.

Answer

The defendant is immediately entitled to a discharge, as the speedy trial time without demand has expired.

Answer

The court must set the case for trial to commence no less than 5 days and no more than 45 days from the calendar call on the demand.

Question 3

A process server in Florida attempts to serve a lawsuit on a defendant at his home. The defendant is not present, but his 17-year-old son, who lives with him, answers the door. The process server hands the summons and complaint to the son and tells him, 'This is for your dad.' The server's return of service indicates substituted service was completed. Is this service of process valid?

Accepted Answer

Yes, because the son is over 15 years of age, resides at the home, and was informed of the contents.

Answer

No, because service must be made on a person who is at least 18 years of age.

Answer

No, because substituted service can only be made on a spouse.

Answer

Yes, because service on any family member at the usual place of abode is sufficient.

Question 4

A plaintiff files a motion for summary judgment in a Florida circuit court. Under the current standard, which of the following must the plaintiff (the movant) show to prevail?

Accepted Answer

That there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Answer

That the undisputed facts conclusively prove all elements of the plaintiff's cause of action.

Answer

That the plaintiff's evidence is more persuasive and credible than any evidence offered by the non-moving party.

Answer

That the non-moving party has failed to produce any evidence whatsoever to support its case.

Question 5

A plaintiff's lawsuit has had no record activity for 10 months. The defendant wishes to have the case dismissed for lack of prosecution. According to Florida Rule of Civil Procedure 1.420(e), what is the correct first step?

Accepted Answer

The court or clerk must serve a notice on the parties of the lack of record activity.

Answer

File a motion to dismiss, which the court must grant if there has been no activity for 10 months.

Answer

Wait two more months, at which point the case will be automatically dismissed by the clerk.

Answer

File a motion for a court order compelling the plaintiff to appear and show cause why the case should not be dismissed.

Question 6

During a criminal trial in Florida, but before the case is submitted to the jury, the prosecutor realizes the information incorrectly cites the statute number for the charged offense. The text of the information, however, clearly and accurately describes the elements of the correct offense. The prosecutor moves to amend the information to fix the statutory citation. The defense objects. How should the court rule?

Accepted Answer

Grant the motion, because an amendment that corrects a formal defect and does not prejudice the substantial rights of the defendant is permissible.

Answer

Deny the motion, because an information cannot be amended after the trial has begun.

Answer

Deny the motion, because any change to the charging document is per se prejudicial to the defendant.

Answer

Grant the motion, but the court must declare a mistrial and allow the state to refile the case with a corrected information.