In the realm of civil litigation, the management and exchange of pertinent information between parties through discovery is pivotal. This process ensures that both sides have access to the evidence necessary to argue their case efficiently. However, issues often arise when one party fails to comply with discovery requests, leading to delays and unjust advantages. To address this, the Eleventh Judicial Circuit of Miami-Dade County, Florida, under Administrative Order No. 06-09, has defined specific procedures for handling Ex Parte Motions to Compel Discovery in Civil Actions. This judicial order emphasizes the Florida Rules of Civil Procedure, particularly Rule 1.380, which outlines how to seek an order compelling discovery. It specifies that an ex parte motion to compel discovery can proceed only under certain conditions: a total failure to respond to discovery requests without seeking an extension. The provisions extend to detailing the steps required of moving parties, including serving the motion on the opposing party at least seven days before submitting to the court, outlining the nature and timing of the discovery sought, and demonstrating efforts made to resolve the matter without court intervention. Furthermore, if the opposing party remains unresponsive, the court, upon receipt of the ex parte motion, retains the discretion to enforce compliance within a set timeframe and, if deemed necessary, to impose costs or attorney's fees. This administrative order reflects an intentional effort to streamline judicial processes amidst rising caseloads, ensuring the swift, fair conduct of civil litigation.
| Question | Answer |
|---|---|
| Form Name | Ex Parte Motion To Compel Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | florida rules of civil procedure ex parte motions to compel discovery, 4th, discovery, 2000 |
THE ELEVENTH JUDICIAL CIRCUIT
CASE NO.
(COURT ADMINISTRATION)
ADMINISTRATIVE ORDER
NO.
IN RE: EX PARTE MOTIONS TO
COMPEL DISCOVERY IN CIVIL
ACTIONS
_______________________________
WHEREAS, Rule 1.380 of the Florida Rules of Civil Procedure prescribes the method for applying for an order compelling discovery; and
WHEREAS, pursuant to Waters v. American General Corporation, 770 So. 2d 1275 (Fla. 4th DCA 2000), an ex parte order compelling discovery may be entered only when the motion to compel alleges a complete failure to respond or object to discovery, and there has been no request for extension of time;
NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Eleventh Judicial Circuit of Florida under Rule 2.050 of the Florida Rules of Judicial Administration, in light of the
1.A motion to compel discovery ex parte in a civil action may be submitted to the Court if the moving party has complied with the following procedures:
a.The moving party must serve the motion on the opposing party at least seven (7) days prior to the submission of the order to the Court.
b.The motion must include the following:
i. the nature of the discovery and the date upon which the discovery was propounded and due;
- 1 -
ii.that there has been a complete failure to respond or object to discovery, and the
iii.that the moving party has otherwise complied with Fla. R. Civ. P. 1.380(a)(2), certifying that he has conferred, or attempted to confer, with the person or party failing to make the discovery in an effort to secure the information or material without court action.
2.In the event that the
3.In entering the ex parte order, the court may direct that the
This Order shall take effect immediately upon execution and shall remain in effect until further order of the Court.
DONE AND ORDERED in Chambers at
June, 2006.
_____________________________________
JOSEPH P. FARINA, CHIEF JUDGE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
- 2 -