BoscoMama Posted September 27, 2010 Report Share Posted September 27, 2010 When DH won his Opposition to MSJ, the judge spoke to the plaintiff's attorney saying "Is 30 minutes enough for trial, and you will have statements for trial?" and attorney answered "Yes" to both.Does the plaintiff request a trial date, or does the judge set it in her calendar? Is it too late to ask for discovery after a trial date is set? The plaintiff has never sent any interrogs/etc, either. All he ever did after receiving the summons was to send a brief answer, did not include any affirmative defenses, and then waited to see what transpired. When the MSJ was filed, he did answer at the last minute (which seemed to work in his advantage). At this point, if he doesn't see any action from the court or plaintiff, he plans on filing MTD w/prejudice due to lack of prosecution. There isn't anything else to do that has been missed, is there?TIA Link to comment Share on other sites More sharing options...
FL4answer58 Posted September 27, 2010 Report Share Posted September 27, 2010 (edited) Does the plaintiff request a trial date, or does the judge set it in her calendar? Is it too late to ask for discovery after a trial date is set? The plaintiff has never sent any interrogs/etc, either. At this point, if he doesn't see any action from the court or plaintiff, he plans on filing MTD w/prejudice due to lack of prosecution. There isn't anything else to do that has been missed, is there?TIAThe judge sets Trial. It’s up to you to decide if 30 days is enough for you to prepare - to strike evidence - get discovery - motions pleading - object to Atty telephonic appearance and witness telephonic appearance - your decision as well as Plaintiff. The Plaintiff in FL must ask leave of the courts to start Discovery, when a party is unrepresented (Pro Se) and has not initiated discovery. ( Discovery. Any party represented by an attorney is subject to discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380 directed at said party, without order of court. If a party proceeding without an attorney directs discovery to a party represented by an attorney, the represented party may also use discovery pursuant to the above-mentioned rules without leave of court. When a party is unrepresented and has not initiated discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380, the opposing party shall not be entitled to initiate such discovery without leave of court. However, the time for such discovery procedures may be prescribed by the court. Edited September 27, 2010 by FL4answer58 Link to comment Share on other sites More sharing options...
BoscoMama Posted September 27, 2010 Author Report Share Posted September 27, 2010 Thank you so much for your response. I will get the discovery document ready so the day we find out the trial is set, I can get it mailed in. Link to comment Share on other sites More sharing options...
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