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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.
This letter is often called a good faith letter. And it is needed under many courts' rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court's discovery order.
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.
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.
If a court does order a party to respond to a request for discovery in response to a motion to compel and the party disobeys the order, it can lead to consequences such as another, more serious court order, fines or fees or other procedural rulings that may even affect the outcome of a case.
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.