Florida Civil Procedure Finals Outline

FLORIDA CIVIL PROCEDURE PERSONAL JURISDICTION - Three types of Personal Jurisdiction o In personam – Jurisdiction over the defendant’s person  Tradition Basis  Presence (summons)  Consent (contract)  Waiver (answer to complaint)  Domicile (Residence)  Long Arm Statute  Continuous Activity o In Rem – Jurisdiction over the defendant’s property o Quasi In Rem – Jurisdiction over the defendant’s property SERVICE OF PROCESS - In Personam Jurisdiction o Can be served with process due to presence o Fraud or artifice can’t be used to obtain presence o Force cannot be used o If present in the state to testify, D will be immune from service LONG ARM STATUTE - IPJ over non-resident defendant arises from o Operating, conducting, engaging in, or carrying on business or business venture or ofÏcer or agency in FL o CommitÝng a tortious act within FL (including tortious communications) o Breaching contract in FL o Causing injuriy to persons property in FL from act or omission outstide of FL if at or about the time of injury  He was engaged in solicitation or service activities in FL or  Products materials or things processed, serviced or manuafactured by him were used or consumed in FL in ordinary course of commerce, trade, or use o If good was sold/provided in another state and brought to Florida by buyer, NO CONTACT - Due Process o ∆ must have purposeful contacts with FL  Volitional decision, ∆ or agent must create them o ∆ purposeful contacts must related to P claim  Causal chain must exist between contacy and injury/loss event o Exercise of IPJ must be reasonable in relation to:  ∆ interest in avoiding burdensome litigation  P interest in convient and effective relief  States interest in deciding the case  Interstate judicial system’s interest in efÏcient resolution of controversies  Shared interest of several states in advancing fundamental policies CONTINUOUS ACTIVITY - Corporate defendant subject to IPJ o Where it has such continuous activity that it is considered to be “at home  State of incorporation  Principal place of business o Doesn’t apply because it has a lot of contact w/ the forum state unless in can be fairly said to be at home  FL isn’t a home forum for Starbucks because it has stores in florida TWO TYPES OF IPJ - General IPJ o Inside or outside of forum o Claims can related to events outside the forum - Specific IPJ o Inside forum only o Claim must relate to events inside forum GENERAL IPJ - IPJ over ∆ regardless of where events took place - Authorized by o Presence o Consent o Domicile o Waiver o Continuous activity - Example o Accident takes place in AL and FL driver is at -fault  ∆ will be subject to general IPJ in FL SPECIFIC IPJ - IPJ over ∆ depends event occurring in forum state - Authorized by o Long Arm Statute - Example o Accident takes place in FL and AL driver is at-fault  ∆ will be subject to specific IPJ in FL IN REM - Jurisdiction over ∆ property for purposes of resolving ownership claims of all persons in the word - Categories o Condemnation (eminent domain) o Finds (treasure hunter; who is the rightful owner) o Civil forfeiture (ownership being determined over ceased property) QUASI IN REM - Type 1 o Jurisdicion over ∆ property for the purposes of resolving ownership claims of named P and ∆  Only determining rights of named people, not all people o Categories  Real property  Personal property - Type 2 o Doesn’t have anything to do with property  But uses property to reduce damages  Property serves as jurisdictional basis  States long arm statute doesn’t reach the claim o Categories  Contract Tort o Judgment not to exceed value of property o Must satisfy due process  Purposeful contacts  Relationship  Reasonable o In personam can be used in lieu of  If in personam available it will be used SUBJECT MATTER JURISDICTION - MOTION FOR SUMMARY JUDGMENT (MSJ) o tool used to determine whether there is (or is not) a dispute of facts  MSJ should be denied when there is a dispute about the facts because a trial is necessary  Trial is needed to decide the facts – who is at fault  MSJ should be granted when there is no dispute about the facts  Trial is not needed to decide the facts, ∆ admits he is at-fault and will pay o Standard for granting MSJ (If-Then)  If there is no genuine dispute about the material facts  Then the moving party is entitled to summary judgment o The focus in on Material facts  Fact that affects the outcome of the case under applicable law  Essential elements o The focus on the genuineness of the factual dispute  A genuine dispute exists regarding the a material fact when:  There is sufÏcient admissible evidence supporting the non-moving party’s factual contention  Such that a reasonbale jury  Could return a verdict in favor of the non-moving party  With respect to the factual contention o Materials considered  AfÏdavits  Discovery materials  Testimony obtained at depositions  Answers to interrogatories  Answers to requests for admission  Document disclosed of produced  Results of examinations  Pleadings o Evidentiary Issues  Each party can object to admissibility of evidence under applicable rules  AfÏdavits and deposition testimony o Personal knowledge o Hearsay  Documents o Not authenticated o Hearsay - ∆ as Moving Party o ∆ must satisfy intial burden of production  Submit admissible evidence negating one or more essential elements or Review discovery record and show plaintiff lacks admissible evidence supporting one or more essential elements o Π must then (and only then) satisfy her responsive burden of production  Submit admissible evidence supporting challenged element or  Review discovery record and show ∆ missed admissible evidence supporting challenged element o Π, as non-moving party, is given benefit of doubt because a jury might give the benefit of the doubt  Evidence viewed in light most favorable to her  All reasonable inferences from evidence drawn in her favor  Testimony in afÏdavits submitted by her credited as true - π as Movign Party o π Must satisfy her intial burdent of production  evidence must establish each element beyond doubt  super high threshold because π has burden of production and persuasion at trial  jury can disbelieve even when eh has mountains of evidence - Timing for Motion o Π can make motion at any time after expiration of 20-day period following commencement of action unless ∆ has already made his own motion o ∆ can make motion at any time - Timing for hearing o Hearing cannot be held earlier than 20 day after service of motion o Notice of hearin must be served within a reasonable time before the hearing - Time for responding to the motion o Opposign evidence must be either  Served not later than 5 days before the hearing or  Hand delivered to opposing party’s attorney not later than 5:00 two business days prior to hearing date - Additional Time to Secure Evidence o The court has discretion to provide the non-moving party with additional time to conduct discovery or obtain afÏdavits in opposition to motion  Party seeking additional time must provide explanation/justification in afÏdavit - AfÏdavit submitted in bad faith o The court has discretion to sanction a party who submits an afÏdavit in bad faith  Sanctions include  Money sanctions to reimburse the other party for any expenses by the afÏdavit  contempt Trial Overview - Π have the burden of production o Must produce evidence supporting each factual element - Π has the burden of persuasion o Must convince jury she established each factual element  Civil case by a preponderance of evidence  Criminal case beyond reasonable doubt 