Motion To Compel Discovery In Florida
Description
How to fill out Texas Motion To Compel Discovery?
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FAQ
Throughout the entire state of Florida a Motion to Compel is pretty much the same. After the motion is filed the person trying to enforce the disclosure schedules a short hearing and asks the judge to enforce the issue.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
If a party or witness fails to adequately respond to a proper request for discovery, the party seeking discovery may file a motion with the ALJ for an order compelling a response in ance with the request. An evasive or incomplete response to discovery may be treated as a failure to respond.
Consider Filing a Motion to Compel if: A party fails to answer an interrogatory. A party's response to a discovery request is incomplete or evasive. A person fails to answer a question during a deposition. A non-party objects to a request for documents under a subpoena.
A motion to compel against a party to the action must be brought in the court in which the action is pending. If the offending party is not a party to the action, the motion must be brought in the circuit court where the deposition is being taken. Fla. R.