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(a) Generally If a party or witness fails to adequately respond to a proper request for discovery, the party seeking discovery may file a motion with the ALJ for an order compelling a response in ance with the request. An evasive or incomplete response to discovery may be treated as a failure to respond.
We don't like Motions to Compel. Judges don't like them, and neither do the opposing parties we bring them against. But they are, sometimes, required to be brought in cases where you need information to make sure you know what facts, witnesses and documents are in a case prior to going to going to trial.
Motion: A request to the court to issue an order to compel discovery. Points and Authorities: Supporting documentation for the motion detailing the submitted request for discovery, the opposing side's failure to comply, and an explanation of why the discovery is relevant to the case.
The working group's professionalism proposal, Rule 1.279: Standards of Conduct for Discovery, cautions against ?surprise tactics, delay, trickery, and concealment of discoverable information? and reminds attorneys that ?not meeting discovery obligations by delay, obstructing the truth, or failing to be candid with the ...
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 ...
P. 1.380. deponent fails to be sworn or to answer a question or produce documents, the failure may be considered a contempt of the court.
Under Rule 1.280(b)(5)(A)(iii) of the Florida Rules of Civil Procedure, any expert expected to provide testimony at trial may be deposed. There is no set time limit for depositions, but Rule 1.310(b)(3) provides that the court may expand or shorten the time allowed for taking a deposition for cause.
A motion to compel must contain: 1) a notice of motion; 2) points and authorities; 3) a separate statement; and 4) a declaration that set forth the good faith meet-and-confer attempts to resolve the matter informally.