If a motion to compel discovery states to the court that the other side has completely failed to respond or object to a good faith and reasonable discovery request, generally, the court will order compliance with discovery to be made within 10 days (20 in some cases). Attorney’s Fees are sometimes awarded upon a showing of good cause. If the other party fails to furnish the documents (provided you are in compliance with discovery), and you can certify to the court that you have made multiple good faith efforts to communicate with the non-compliant party (and have been stonewalled or outright ignored), you may then consider filing a motion to compel in a Florida family law case. Consider offering a small extension (the standard time is 10 days) to incentivize the production of the documents requested. If 30-45 days have passed, you may choose to send a reminder to the other side that discovery is due. This is when a motion to compel in a Florida family law case may become vital to the stability of your case. Do not let the other side hide important financial documents. Discovery does not need to be a fight, but when one or both sides fail to comply with reasonable requests, your attorney may advise to you file a motion to compel Florida family law. The party responding to the request may make a request for an extension with good cause and in good faith, while the converse is also true, the party propounding discovery may offer an extension upon a showing the other side is getting their documents together and needs a little more time to do so.
Of course, any request for documents in a Florida family law case are subject to objection. This sort of discovery is likely obtainable from each party’s compliance with mandatory disclosure. In many other cases without extensive discovery needs, the parties often ask for some bank records, W-2 statements, pay stubs, tax returns, shirt form financial affidavits, and credit card statements. Discovery may involve requesting information retirement plans, real estate properties, business tax returns, long-form financial affidavits, and even offshore accounts. In complex family law litigation relating to alimony, property distribution, and asset and liability distribution, discovery requests can be extensive and take a long time to piece together. The basic discovery may include standard family law interrogatories. In most divorce and family law cases, the parties request at least mandatory disclosures from each another. We can help you when you are facing deadlines. Call 40 if a motion to compel has been filed against you in your child support, paternity, or divorce case.
Noncompliance refers to a failure to abide by mandatory disclosure and the court’s family law rules of procedure that govern discovery. There are many different types of and reasons for filing a motion to compel. In other words, it is an automatic discovery request. Rule 12.285 is the Rule of Mandatory Disclosures. A motion to compel in a Florida family law case or divorce case may be made when one party (the petitioner or the respondent) has failed to abide by Florida Family Law Rule of Procedure 12.285.
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