In family law cases, it is common for one party to file an ex parte motion to compel the other party to provide certain information or documentation. This can be a very helpful tool in moving a case forward and obtaining the necessary information needed to make informed decisions. An ex parte motion to compel is a request that is made to the court without giving notice to the other party. This means that the other side will not have an opportunity to object or argue against the motion. In most cases, an ex parte motion will be granted if it is found that the information requested is relevant and necessary for resolving the case. However, there are some instances where a judge may deny a motion if it appears that it was filed for improper reasons or for harassment purposes. If you are considering filing an ex parte motion to compel, it is important to understand the applicable rules and procedures so that you can increase your chances of success.
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;
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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
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