Legal Question in Civil Litigation in Florida
as a Defendent in a lawsuit, is it too late to submit a motion to compell discovery, if it wasnt submit with the answer to the complaint. I thought I had legal representation and responded as per that attorney's instruction but was not directed to submit the motion for discovery at the same time. Is it too late now?
Thanks for any information
2 Answers from Attorneys
Have you sent your requests for discovery? You would not submit a motion to compel discovery unless the Plaintiff has refused to answer or produce discovery. If you had legal representation, the attorney should have prepared your answer and submitted discovery requests on your behalf. Regards,
Discovery requests are not submitted at the same time as an answer. In fact, discovery requests don't even go to the court, only to the other party. The court doesn't hear the discovery, doesn't care about the discovery, and will not hear you at all unless you fail to appear or if you need to file a motion to compel -- which would be long after you already requested the other party to produce what you wish to discover. You do not move to compel until after your written and served discovery request goes unanswered, and after you have given a reasonable time to respond.
See Florida Rules of Civil Procedure to help you.
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