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Elements to keep in mind while filing the Motion to Compel is to mention the nature of the case, identify the question that needs to be answered or the object or document that is needed and explain how it relates to the case, attach the other party's written refusal to make available the information or object, make it ...
A Motion to Compel is a formal request to the Court to require a party or a non-party in a lawsuit to comply with a discovery request such as a request for production, request for admission, interrogatory, or subpoena.
A lawyer cannot, under any circumstance, settle your case without your consent.
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.
Once a personal injury lawsuit gets underway, the discovery process will last at least a few months and usually several months longer. In a large, complex case, it can go on for a year or more.
Second, the discovery phase of litigation is time consuming. The schedules of the parties, witnesses, lawyers and courts all play a role in the delays associated with litigation. There are also legal delays allowed for parties to respond to discovery and take depositions.
A party may file a motion to compel with permission of the Court when the other party unreasonably fails to make disclosures or has been evasive or filed incomplete answers. Permission to file a Motion To Compel may be requested at a status conference. Conferral with the opposing party must occur before a request.
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.