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The one motion rule for motions to dismiss is based on the principle that, if the defendant is planning on moving to dismiss, since no discovery is necessary, the motion should contain all of the grounds on which the party intends to move.
Pursuant to the prior version of Florida Rule of Civil Procedure 1.510(c), a movant was entitled to summary judgment if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Under the
Discovery is conducted by sending written requests in a proscribed form to the opposing party specifically listing the type of discovery sought, the manner in which it will be obtained, and the time for complying with the request. Check your state and local rules for the required form of these requests.
Rule 1.050 - WHEN ACTION COMMENCED, Fla. R. Civ.
Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful.
Discovery is the formal process of exchanging information between the parties about the witnesses and evidence to be presented at trial. The purpose of discovery is to make the parties aware of the evidence that may be presented at trial.
2 Florida trial courts follow the Florida Rules of Civil Procedure to determine when to stay discovery. Therefore, a party filing a motion to dismiss a case is not sufficient for the trial court to stay discovery. Discovery will proceed even while the court resolves the motion.
When you respond to a discovery request, you should make sure to do it within the timeframe listed in the discovery request or in the scheduling order if the judge issued one. In some cases, the judge will hold a court conference to establish a timeframe for discovery, motions, and the trial.
Rule 1.100 - PLEADINGS AND MOTIONS, Fla.
There are basically six types of discovery in family court: 1) interrogatories; 2) requests for production of documents and inspection 3) requests for admissions; 4) depositions; 5) subpoenas duces tecum; 6) physical and mental examinations.