FLORIDA MOTION TO COMPEL FORM VERIFICATION
FLORIDA MOTION TO COMPEL FORM CODE

FLORIDA MOTION TO COMPEL FORM CODE

Pursuant to Code of Civil Procedure, section 2030.250, objections to discovery are distinct from responses to discovery. However, where the Defendant serves responses, but those responses were unverified, then a motion to compel discovery responses is the proper motion because unverified responses are “tantamount to no responses at all” as set forth by the court in Appleton.

Generally, the Court held that a motion to compel further discovery responses is the proper motion to be brought when the Defendant serves incomplete verified responses.

FLORIDA MOTION TO COMPEL FORM VERIFICATION

Defendant served (1) objections to the discovery (2) without substantive answers and (3) without a verification to the response. In Appleton, Plaintiff propounded discovery on Defendant. Notably, for a motion to compel further discovery responses, there is a strict 45-day deadline to serve notice of motion to compel further discovery responses as well as a strict meet and confer requirement prior to filing of the motion. The court shall (d) award sanctions to the prevailing party, unless it finds that the one subject to sanctions acted with substantial justification or other circumstances that would make imposition of sanctions unjust. § 1013) or by a specific date agreed upon in writing by both parties else the right to bring the motion is waived. Notice of said motion (c) must be served within 45 days of the service of the verified response (five extra days if mailed pursuant to C.C.P. If Plaintiff files the forgoing motion, (b) it must be accompanied by a meet and confer declaration pursuant to Code of Civil Procedure, section 2016.040, which provides that facts shall be stated which show a reasonable and good faith attempt at an informal resolution. Pursuant to Code of Civil Procedure, sections 2030.300 (interrogatories) 2031.310 (demands for production), 2033.290 (requests for admission), (a) upon receipt of Defendant’s verified discovery responses, Plaintiff may move for an order compelling further discovery responses if the responses (1) are evasive/incomplete (2) documents produced pursuant to Code of Civil Procedure, section 2030.230 is unwarranted/inadequate or (3) objection is without merit/too general. Where responses have been provided to propounded discovery requests, but those responses are deemed insufficient, the following law provides a basis for a motion to compel further responses:

Motion to compel further discovery responses There is no meet and confer requirement for filing a motion to compel discovery responses. The court shall award (d) sanctions to the prevailing party unless it finds that the one subject to sanctions acted with substantial justification or other circumstances that would make imposition of sanctions unjust. Pursuant to Code of Civil Procedure, sections 2030.290 (interrogatories), 2031.300 (demand for production), 2033.290 (requests for admission), if Defendant fails to serve timely responses to discovery propounded by Plaintiff (30 days + five days if requests were mailed), (b) Plaintiff may move for an order compelling responses to the discovery propounded. The law providing a basis for a motion to compel regarding written discovery requests that have been rightfully propounded but not responded to within the 35-day deadline to respond is as follows:

Florida motion to compel form