My question involves court procedures for the state of: Florida
I am one of several plaintiffs represented by the same attorney in a circuit civil matter in Florida courts. Complaint was filed this summer and answers were filed by the defendant in October.
Our attorney said he would be filing interrogatories. We have tried to follow up with her on this since November, because nothing has shown on the docket.
In early February, we managed to speak to her on the phone and she said the discovery pleadings had been sent out the prior week. We requested copies of them, as has been our agreement to receive copies of all correspondence and filings. The attorney said that she would send them to us via snail mail at the beginning of the next week. It is now a full month later, and we have not received anything from her, despite weekly follow up attempts on our part. Said attorney is currently very busy with two other cases.
Beyond not being the attorney not being able to get copies of discovery pleadings to us, I am concerned about the absence of any filing of a Notice of Service of Interrogatories on the case docket. It is my understanding that this is required under Florida Rules of Civil Procedure, 1.340(e). Our attorney said that there is no filing of any notice until the answer to interrogatories are received. Are there any instances in Florida Civil Practice when the filing of such a notice is optional?
Is our attorney correct that interrogatories do not require her to file a Notice of Service? While I'm not happy with a non-responsive attorney, I am looking at much different issues.
I am one of several plaintiffs represented by the same attorney in a circuit civil matter in Florida courts. Complaint was filed this summer and answers were filed by the defendant in October.
Our attorney said he would be filing interrogatories. We have tried to follow up with her on this since November, because nothing has shown on the docket.
In early February, we managed to speak to her on the phone and she said the discovery pleadings had been sent out the prior week. We requested copies of them, as has been our agreement to receive copies of all correspondence and filings. The attorney said that she would send them to us via snail mail at the beginning of the next week. It is now a full month later, and we have not received anything from her, despite weekly follow up attempts on our part. Said attorney is currently very busy with two other cases.
Beyond not being the attorney not being able to get copies of discovery pleadings to us, I am concerned about the absence of any filing of a Notice of Service of Interrogatories on the case docket. It is my understanding that this is required under Florida Rules of Civil Procedure, 1.340(e). Our attorney said that there is no filing of any notice until the answer to interrogatories are received. Are there any instances in Florida Civil Practice when the filing of such a notice is optional?
Is our attorney correct that interrogatories do not require her to file a Notice of Service? While I'm not happy with a non-responsive attorney, I am looking at much different issues.
Discovery: Court Filing Requirements for Interrogatories
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