What to do if defendant has not responded to my request within the time allotted?

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What to do if defendant has not responded to my request within the time allotted?

Small Claims; no resolution in mediation; trial date set. At the pre-trial hearing, the paper given to us states the following: “Parties instructed that they must permit inspection after notice or furnish copies to opposite parties within 10 days. X_Witnesses’ names and addresses X_Documents and things to be used I, (the plaintiff) have filed copies with the court and with the defendant’s attorney (hand delivered) within 8 days”. It has been 16 days since the hearing and I have received nothing from the defendant’s attorney. What can I do? Are they in violation of anything?

Asked on October 20, 2011 under Business Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can file a motion to compel further responses.  You can also request sanctions (court-imposed fines) in your motion to compel.  The Small Claims Court advisor can assist you in writing your motion to compel.


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