FAQ: What Is Motion To Compel For Alimony Modification Fl?

What happens after a motion to compel is filed in Florida?

Once the court grants the motion to compel, the court will grant the other party a deadline before which the documents or information must be shared. If the person does not respect the order of the court, there may be severe consequences such as the dismissal of the other party’s case or being in contempt of court.

What happens with motion to compel?

A motion to compel asks the court to enforce a request for information relevant to a case. Discovery requests: parties submit requests for evidence, documents, and other relevant information from the opposition. Each party is required to respond to requests by a specified deadline.

What is a motion to compel in Florida?

A party may move to compel if a deponent fails to answer a question, a corporation or other entity fails to designate a party to testify, a party fails to answer an interrogatory, or if a party in response to a request for inspection fails to respond that inspection will be permitted as requested or fails to permit

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How long do you have to respond to a motion to compel in Florida?

The opposing party has a deadline of 14 days after service of a motion to compel to file a response of not more than 20 pages that includes a memorandum of legal authority in opposition to the motion.

What does motion to compel and for sanctions mean?

The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.

What does motion to compel mean in divorce?

Using the Court to Force Your Spouse to Provide Financial Information. First, you can file a “Motion to Compel,” which is a request to have the court order your spouse to turn over documents. Your spouse would be required to file a written response to your motion, indicating the legal reasons for not responding.

How do you answer a motion to compel?

The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party’s objections, or argument showing why the party’s answers to the discovery requests at issue were sufficient.

What happens if you don’t respond to interrogatories?

Motions to Compel – If a party doesn’t respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.

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What happens if the plaintiff does not give me responses to my discovery requests?

If the Plaintiff does not respond to your request for admissions within 30 days, then they have admitted each of the statements in your requests. The court considers that the plaintiff admits all the statements are true if they do not deny or object to them.

What should be the penalty for failing to timely comply with a discovery request?

To sanction a party failing to comply with discovery, the court can order attorney’s fees, or they can order the fact you are seeking to establish as having been “established” for purposes of your case, because the other side will not respond to the discovery on this issue.

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