Legal Question in Civil Litigation in Florida
motion
Hi,
My question is short.
Does an attorney by law have to send a copy of a filed motion to the defendant
immediately after filing it or can the attorney wait and not send a copy at all?
An answer would be very helpful to me.
Thanking you
2 Answers from Attorneys
Re: motion
The Florida Rules of Civil Procedure indcate that a party will be sent a copy of a motion as soon as it is filed with the court.
Re: motion
I agree with Mr. McCall's statement that the rules provide a copy of a motion should be served upon each party except those against whom a default has been entered. However, the rule does not say when it has to be done. As the motion contains a certificate of service as to when it was served, it is hard to imagine a situation where it would benefit someone to file a motion containing a certificate service of some date in the future.
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