Motion Discovery Criminal With Compel
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FAQ
Motion to Compel Answer to Interrogatories If a party fails to serve answers or objections to interrogatories that have been properly served or fails to answer an interrogatory, the discovering party may move for an order compelling answers without having first obtained a court order compelling discovery.
A motion to compel discovery is a request to the judge to order the prosecution to hand over evidence. If the court grants the motion, the judge will order that the appropriate materials be released on a plan of sanctions such as fines, suppression of evidence, and even a dismissal of the charges.
The Civil Discovery Act provides as follows: ?Unless notice of [a motion to compel] is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the ...
Must Meet and Confer Prior to Filing a Motion To Compel ? The moving party must include a declaration stating facts that show a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.
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.