How to File a Motion for Discovery in Manatee County, Florida
- 1). Discuss the issue in good faith with the opposing party. Judges loathe involvement in discovery matters and parties are much obliged to attempt to work out the issue before resorting to the court system. Rule 5(a) of the Local Rules of Manatee County requires parties to attempt in good faith to confer with the opponent regarding the discovery issue. Both parties will be required to stipulate to this conference in their motions.
- 2). Draft a motion to compel. The party seeking the evidence must draft a motion to compel that sets forth the reasons why the evidence is material to the case and why it should not be covered by any sort of attorney-client privilege or other privileges recognized in Florida. The motion must be submitted to the clerk of the Manatee courthouse and a copy must be served upon the opposing counsel. The opponent to the motion will then draft an answer in opposition to the motion. This answer will set forth reasons why the evidence is not material or is covered by a form of privilege.
- 3). Include in the motion the specific requirements set forth by Rule 5(b) of the local rules of Manatee County. The motion must specifically state the exact interrogatory, deposition question, request for admission or request for production the party seeks to discover. The proponent of the discovery must also include a section raising the likely defenses by the opponent, including attorney-client privilege, and why those defenses are invalid.
- 4). File your motion in the Manatee County courthouse. Manatee County provides for e-filing, which is an electronic means by which attorneys can file any court documents for any type of case. You must submit your motion in .pdf, Word or .xml format and follow the simple online directions for doing so. The motion may also be submitted in person or mailed to the county courthouse. A copy of the motion must be forwarded to the opposing attorney in the case.
- 5). Argue the motion to compel at the discovery hearing. Once the motions are filed, the court will schedule a date for both parties to appear before the judge and argue their points either for or against the discovery. If the opponent is citing that the evidence is protected by attorney-client privilege, the judge will review the document privately and will make a determination based upon the facts surrounding the motion.
- 6). Adhere to the court order. If the court finds that the evidence is discoverable, the party must turn it over to the opponent or face contempt of court. If, however, the judge finds that the evidence is either immaterial to the case or covered by attorney-client privilege, the party does not have to hand over the evidence and it cannot be used by the opponent to form his case or defense.
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