Winning a motion might win the entire case for you! But losing a motion could result in a money judgment against you. Motions are powerful tools, but they’re tricky. TIP! It’s a good idea to talk to a lawyer if you’ve received a motion or you're thinking of filing one. Preparing a reply in support of your motion To learn more, click to jump to one of these sections below: You mail a notice of entry of the order to all the parties in the case
You file the signed order with the court clerkġ1. The judge signs a written order granting or denying your motionġ0. The judge conducts a hearing and makes a decisionĨ.
You file a reply in support of your motion with the courtħ. The other side files a written opposition to your motion with the courtĦ. You “serve” (mail) your motion to the other sideĥ. The court clerk inserts the date and time your motion will be heard by the judgeĤ. You file your motion with the court clerkģ. If you want to file a motion, the process is generally something like this:Ģ. A “motion” is a written request to the judge that asks for a ruling on some issue in the case. Or you can use them to resolve some specific issue before trial.ĭuring a civil case, most of your interactions with the judge will be the result of you or the other side filing a written motion. You can use motions to try to resolve the case completely.
#Florida motion to compel form how to
If you have specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.Learn how to file a “motion” (a written request for some type of relief) to get your case – or part of your case - in front of the judge for a decision. It is intended for informational purposes only and should not be relied on to make any legal or other major decisions. It is important to work with an experienced family law attorney who understands discovery, what is required, and what can and should be argued.Ĭontact us today to speak with an attorney about your divorce or family law case. Sometimes, when a party fails to produce discovery, the judge may order that the party withholding the discovery pay the other’s attorney’s fees and costs for the necessity of forcing them to comply. After listening to the arguments and reviewing the court file, the Judge will determine whether it is necessary for the party to produce the discovery, and if so, in what time frame. When one side fails to produce relevant documents or information, the other side can request that the court force or “compel” the other party to produce the relevant documents or information.Ī “Motion to Compel” is usually heard on a family judge’s “Motion Calendar,” where each side is given 5 minutes to make arguments as to why the documents or information should or shouldn’t be produced. Divorce Q&A: What is a “Motion to Compel”?Ī “Motion to Compel Discovery” is a formal request one party makes to the Court asking the Court to force the other side to produce documents or information for discovery.
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