FBBE Florida Rules of Procedure Questions and Answers — 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?
- Sustain the objection because information gathered by a party's representative in anticipation of litigation is always protected work product.
- Overrule the objection because the identity and location of persons with knowledge of discoverable matter is not protected work product. (Correct 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.
- 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.
Correct answer: Overrule the objection because the identity and location of persons with knowledge of discoverable matter is not protected work product.
Florida Rule of Civil Procedure 1.280(b)(1) explicitly permits discovery of 'the identity and location of persons having knowledge of any discoverable matter.' This is considered a basic fact about the case and is not protected by the work product doctrine, which is designed to protect the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative concerning the litigation. While the investigator's *report* might contain protected work product, the identities of the witnesses themselves are discoverable facts.
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?
- The State must bring the defendant to trial within 175 days from the date of arrest.
- The defendant is immediately entitled to a discharge, as the speedy trial time without demand has expired.
- 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.
- 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. (Correct answer)
Correct 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.
According to Florida Rule of Criminal Procedure 3.191(b), when a defendant files a 'Demand for Speedy Trial,' the state must bring the defendant to trial within 50 days of the filing of the demand. The rule also requires the court to hold a calendar call within 5 days of the demand to set the case for trial. The 175-day period is the speedy trial time *without* a demand for a felony.
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?
- No, because service must be made on a person who is at least 18 years of age.
- Yes, because the son is over 15 years of age, resides at the home, and was informed of the contents. (Correct answer)
- No, because substituted service can only be made on a spouse.
- Yes, because service on any family member at the usual place of abode is sufficient.
Correct answer: Yes, because the son is over 15 years of age, resides at the home, and was informed of the contents.
Florida Statute § 48.031(1)(a) permits substituted service by leaving the complaint and summons at the defendant's 'usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.' The son is 17 (which is over 15), resides at the home, and was informed of the contents, making the service valid.
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?
- That the undisputed facts conclusively prove all elements of the plaintiff's cause of action.
- That the plaintiff's evidence is more persuasive and credible than any evidence offered by the non-moving party.
- That there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. (Correct answer)
- That the non-moving party has failed to produce any evidence whatsoever to support its case.
Correct answer: That there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Effective May 1, 2021, Florida adopted the federal summary judgment standard. Florida Rule of Civil Procedure 1.510 now requires the movant to show that 'there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.' This standard focuses on whether 'the evidence is such that a reasonable jury could return a verdict for the nonmoving party,' not on weighing the evidence or requiring the non-movant to have zero evidence.
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?
- File a motion to dismiss, which the court must grant if there has been no activity for 10 months.
- The court or clerk must serve a notice on the parties of the lack of record activity. (Correct answer)
- Wait two more months, at which point the case will be automatically dismissed by the clerk.
- File a motion for a court order compelling the plaintiff to appear and show cause why the case should not be dismissed.
Correct answer: The court or clerk must serve a notice on the parties of the lack of record activity.
Florida Rule of Civil Procedure 1.420(e) provides a specific procedure for dismissal for lack of prosecution. If there is no record activity for 10 months, the court on its own initiative or any interested person (like the defendant) or the clerk shall serve a notice to all parties. The action shall then be dismissed if no record activity occurs within 60 days after the service of the notice, unless a party shows good cause in writing for the case to remain pending.
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?
- Deny the motion, because an information cannot be amended after the trial has begun.
- Grant the motion, because an amendment that corrects a formal defect and does not prejudice the substantial rights of the defendant is permissible. (Correct answer)
- Deny the motion, because any change to the charging document is per se prejudicial to the defendant.
- Grant the motion, but the court must declare a mistrial and allow the state to refile the case with a corrected information.
Correct answer: Grant the motion, because an amendment that corrects a formal defect and does not prejudice the substantial rights of the defendant is permissible.
Florida Rule of Criminal Procedure 3.140(o) provides that no information shall be dismissed on account of any defect in its form unless the court is of the opinion that it is so vague or indefinite as to mislead the accused and embarrass them in the preparation of a defense. An amendment to correct a scrivener's error, such as a wrong statutory citation, is generally considered a non-prejudicial amendment to a formal defect, especially when the body of the information provides the defendant with sufficient notice of the crime charged.
FBBE Florida Rules of Procedure Questions and Answers
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?