Legal Question in Civil Litigation in Florida

Question on Request to Produce

I am a Pro Se litigant and have sent the Defendant a ''Request to Produce''. Below are two of my requests and opposing party's objection:

1. Provide cook top manufacturer, model number, date installed and manufacturer's technical data sheet.

Answer: Defendant objects to the extent that the indicated request is not a document but rather a question seeking a statement of fact.

2. State date(s), name(s), address and phone number of any and all communications with any associate, representative or third party contractor reqarding the alleged damages including, but not limited to, opinions, warranty requests and/or estimates before, during and after Plaintiff's tenancy.

Answer: Same answer as above.

Here is my question: 1) Are the Defendant's objections ligitimate, or 2) should the request be put in an Interrogatory or 3) should I file a Motion to Compel and let the judge sort it out?

Thanks in advance for your time.

Respectively, Tom


Asked on 6/23/09, 10:48 pm

2 Answers from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Re: Question on Request to Produce

1. Yes.

2. Yes.

3. No.

Questions which require written statements of fact are properly propounded as interrogatories. See Florida Rules of Civil Procedure (2009)1.340, et. seq.

To ensure adequate protection of your rights, you should retain an attorney to assist you in this matter.

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Answered on 6/23/09, 11:22 pm
Sarah Grosse Sarah Grosse, Esquire

Re: Question on Request to Produce

Supplemental answer: Your discovery request is partially correct and partially objectionable. You need to separate your discovery request so that documents are requested in Request for Production and answers to questions are requested in Interrogatories. I would accept the objection and correct the discovery requests: serve Plaintiff's First Set of Interrogatories and Plaintiff's Amended Request for Production of Documents and Things.

I hope you still have time in your discovery period to serve the correct discovery requests. There are some alternative ways to obtain the information, but I'm not going to litigate your case for you.

Again, it is probably in your best interest to hire a lawyer - at least as a consult - to help you for a few hours in this stage of the litigation. Best of luck.

Sarah

P.S. It was late when I answered your question last night, and I didn't have the energy for more than 'yes' or 'no.'

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Answered on 6/24/09, 9:27 am


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