Legal Question in Business Law in Florida

Re: To pay for ''notice to produce''

If their demand for payment is not justified, you can use that against them. But you might want to give them a good faith warning in writing informing them that conditioning their production on prior payment is not a valid reason for delaying with production and that you will motion for sanctions if they fail to meet the production deadline. That will get their attention. You really should have an attorney involved in comporate litigation; aren't the company assets worth that protection?

Re: To pay for ''notice to produce''

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No. The opposing side cannot charge you to get a response to normal discovery requests unless they have to make out of pocket expenditure to produce the same. This might include getting copies of microfilmed checks or statements from a bank.

Otherwise, they must produce the requested materials in the time period set forth. If they fail to do so, you can file a Motion to Produce with the Court to order them and to ask for your costs, if any, in filing the Motion. If they violate the resulting Order, then they may be found to be in contempt of court.

Scott R. Jay, Esq.