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How long do you have to answer a motion to compel?
Rules of Court, Rule 3.1300.) Oppositions to motions to compel must be filed no later than 9 days before the hearing. Replies must be filed no later than 5 days before the hearing. Service of oppositions and replies require receipt by the opposing party within 1 business day of the filing deadline.
Can you refuse to answer interrogatories?
If you are unable to answer an interrogatory because it is too vague, ambiguous, or somehow objectionable, you can state an objection and the reason for your objection. You must then answer to the extent the interrogatory is not objectionable.
What happens after a motion to compel is filed in Florida?
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.
What is a motion to compel in a divorce case?
Judges who preside over divorce cases know that spouses can't reach fair and informed divorce settlement agreements unless they have all the facts about their marital estates. First, you can file a Motion to Compel, which is a request to have the court order your spouse to turn over documents.
Can you appeal a motion to compel arbitration?
Section 16(a)(1)(B) of the Federal Arbitration Act (FAA) provides a party may appeal the denial of its motion to compel arbitration pursuant to 9 U.S.C. §4. The court acknowledged it may refuse to stay a case pending appeal of an order denying arbitration if that appeal is frivolous.
What happens if you don't comply with a motion to compel?
Motion to Compel Compliance with a Subpoena While failing to comply with other discovery requests may result in sanctions by the court. Failing to appear or otherwise comply with a subpoena may result in a charge of contempt of court, which may result in a hefty fine, or even jail time.
What happens if you ignore a motion to compel?
If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. Send a final request. If they do not respond to the final request within 30 days you can send the court an application for entry of final judgment or dismissal.
How many days do you have to respond to a motion?
(3) Response. (A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
What happens if I don't respond to discovery?
If someone does not answer (usually within 30 days) discovery questions. The asking party can then file a motion to compel with the courts. Technically the person that doesn't answer can be found in contempt and may have to pay the other parties' attorney fees.
What happens if the defendant does not give me responses to my discovery requests?
The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. Send a final request.
Can a judge ignore a motion?
Understand that a judge does not have the option to ignore motions. Ruling on motions is a “ministerial act." It is a requirement of the judge's job.
Does a judge have to follow the law?
Case Law also states that when a judge acts as a trespasser of the law, when a judge does not follow the law, he then loses subject jurisdiction and the Judges orders are void, of no legal force or affect.
How do you draft a motion to compel?
Act in good Faith. The State and Federal Rules of Civil Procedure require parties to meet and confer before bringing a motion to compel.
Thorough Knowledge of the Case.
Limit citing voluminous authorities.
Avoid Personal Attacks.
What does motion to compel mean?
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient.
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