Legal Question in Civil Litigation in Florida
Can discovery be denied until sanction fine is paid?
A federal district judge issued sanctions for violation of rule 11 against the plantiff, The judge ordered sanctions be paid by 6-30-04. We will comply and pay sanctions by due date. Plantiff has said they will not provide answers to discovery until sanctions are paid. Discovery ends on same date sanctions are due. Can plantiff refuse to answer before sanctions are paid?
1 Answer from Attorneys
Re: Can discovery be denied until sanction fine is paid?
Only if it was specifically requested and granted in the motion for sanctions. Otherwise, Plaintiff is still obligated to comply with all court rules and procedures. Just because Defendant is sanctioned this alone does not automatically stay discovery proceedings or allow Plaintiff in turn not to comply with court procedures and requests from Defendant.
Review specific terms of motion for which the sanctions were granted.
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