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How to Compel Initial Request
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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 is an order to compel discovery?
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.
How do I file a motion to compel?
Most often, motions to compel are used in discovery disputes when one party doesn't want to answer questions or sit for a deposition. In order to file a motion to compel, you first need to draft an acceptable motion. Then you should file it with the court, either in person or electronically.
How many days do you have to file a motion to compel?
When inadequate responses have been served, a motion to compel further responses must be filed and served within 45 days of service of the responses or any supplemental responses, or on or before any date to which the parties agree in writing.
How long do you have to respond to 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 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.
How do you make a motion to compel?
Most often, motions to compel are used in discovery disputes when one party doesn't want to answer questions or sit for a deposition. In order to file a motion to compel, you first need to draft an acceptable motion. Then you should file it with the court, either in person or electronically.
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