Florida business lawsuits often involve both sides conducting discovery. During the discovery phase, parties can request information and documents. However, sometimes a plaintiff or defendant will fail to comply with or respond to these requests. In these circumstances, the serving party may have to file a motion to compel compliance with the requests. Here is more on understanding motions to compel in a Florida business lawsuit.
What is a Motion to Compel?
A motion to compel is a type of motion that a party can file requesting that the court require another party to comply with a request. In Florida business litigation, motions to compel are most commonly filed in connection with discovery.
Motion to Compel Discovery
After a Florida business lawsuit and responsive pleadings are filed, the parties can conduct discovery. The purpose of discovery is to provide the plaintiff and defendant(s) with the opportunity to gather information to support or defend their claims and defenses. The court will often set the discovery schedule at a case management conference. During the conference, the court “may limit, schedule, order, or expedite discovery” and “schedule disclosure of expert witnesses and the discovery of facts known and opinions held by such experts.”
The court’s deadlines are ordered to help ensure that the parties provide information promptly and in conjunction with the other case deadlines. They are also there to create accountability for both sides and help make certain that they have the information they need to prove and defend their cases. The court expects plaintiffs and defendants to comply with these dates and to make a good faith effort to provide timely and complete responses to one another. That doesn’t mean that a party can ask for anything in any manner, however. The requesting party must ask for discovery properly.
When a party fails to comply with a discovery request or disclosure requirement, the serving party has the option to file a motion to compel with the court. The failure to comply may involve an incomplete response or no response. Once the motion is filed and served, the matter can be scheduled for a hearing with the court, and the non-responsive party will have to provide an explanation for their failure to comply. Depending on the facts, that party may be subject to sanctions and penalties for their lack of compliance.
Raising and Defending Against a Motion to Compel
Motions to compel can be very complicated. Parties often believe they have good reason to resist discovery or provide limited information in response to a requirement or request. By contrast, the party propounding discovery will usually take the position that their motion is reasonable and fair. However, it may be that the serving party has not properly formulated their discovery requests. Likewise, the non-responsive party may have deliberately resisted a reasonable request.
Like other aspects of litigation, it’s essential to have the advocacy and advice of an experienced Florida business lawyer when managing discovery disputes and motions to compel. Your Florida business lawyer can help you evaluate your conflict and determine how to protect your interest as you proceed with your case.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.