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Motion for Discovery


Ronin
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If you have access to a law library, look for a reference book called Florida Forms. You might also locate a bound copy of the Florida Rules of Civil Procedure - there will be a forms section in the back.

BTW, discovery is initiated upon notice, not through motion.

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Here is a sample of what I would send if I would be served. I would check your local rules for the time frame plaintiff have to provide the requested document, as the time in the request is based on my local rules. If they don't reply during the alloted time, prepare a motion to compel.

Name of Court (city, county etc...)

COUNTY OF _______-, STATE OF _________

………………………………………………………..X

Name of Plaintiff.

PLAINTIFF

-AGAINST-

Your Name

DEFENDANT(S)

………………………………………………………..X

DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

TO:

Plaintiff

Address

COMES NOW, the defendant pursuant to the rules of discovery, requests and requires the plaintiff to produce the following described documents on or before 30 days from the receipt of said request, at either the undersigned’s office, or such other mutually convenient location agreed upon by both parties and the plaintiff shall notify the undersigned as to his or her preference and set up a date for production of the items indicated prior to the time the plaintiff must produce the documents indicated below, to wit:

ALL THE DOCUMENTS AS SET FORTH BELOW TO BE PRODUCED BY THE PLAINTIFF CONCERN THE ISSUES AS FRAMED BY THE PLEADINGS IN THE ABOVE CAPTIONED CAUSE OF ACTION AND APPLY TO YOU IN YOUR CAPACITY AS THE PLAINTIFF IN THE ABOVE CAUSE. ALL DOCUMENTS IN ISSUE ARE FOR THE TIME PERIODS AS SET FORTH IN ANY AND ALL OF THE PLEADINGS FILED TO DATE IN THE ABOVE CAUSE AND YOU ARE TO SUPPLY EACH DOCUMENT NOTED AS IT APPLIES TO EACH CLAIM AND EACH DEFENSE YOU HAVE ASSERTED IN THE COMPLAINT AND COUNTERCLAIM.

DEFINITIONS

ITEMS TO BE PRODUCED

1. Authenticated copies of any written agreements between the plaintiff and defendant bearing the defendant’s signature and date of execution.

ANSWERS and RESPONSES dated this ____ day of ____________, ____.

______________________________

Witness for the Plaintiff

STATE OF _________ )

) ss

COUNTY OF _______ )

Subscribed and sworn to before me a notary public this __ day of _____, ____.

__________________________ [ls]

Signature of Notary

DATED this ___ day of [Month] [Year].

___________________________

Name

ADDRESS

CERTIFICATE OF SERVICE

I, ______ hereby certify that a true and correct copy of the foregoing was sent to Plaintiff, by first class mail addressed to:

Law firm

Address

on this ____ day of [Month] [Year].

BY: ____

(I am not an attorney nor am I giving legal advice. This information is based on my experience in a similar situation.)

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