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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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WHats next?

This answer was rated:

WHats next?
Thank you for your post.

My apologies, what is your question? How can I assist you?
Customer: replied 3 years ago.

I am Plaintiff, pro se, I filed a Supplemntal Petition to Modify Child Support and Request for Production from Respondent. They refused.
Stating they already provided documents prior to dissolution last August. I filed a Motion to Compel (like I did prior) but to no avail. I know and have some evidence of Respondent 'hidden money' and testimony of her expert witness that lied. She refused to provide current documents after dissolution and the missing documents never produced prior. All essential. SHe underreported income and I have some proof but need the Production. Do I, am I allowed to, and how to files a Subpoena Duces Tecum in Florida if I am allowed. FIling a Motion to Compel, i dont know whats next.

Thank you for your follow-up, Armando.

Did the judge agree with your initial motion to compel. That is, did he grant it? Or was your motion denied, dismissed, or was it simply granted but ignored?
Customer: replied 3 years ago.

In the past, previous Judge did nothing to my Motions to Compel. Am i to wait for Judge, or do I take a next step?


 

Armando,

The reason I asked is because typically if a motion to compel is granted but ignored, the next step after that is to file a petition for contempt of court. But if a judge never granted your motion to compel, you must first wait until the motion is granted since until it is granted the other party is under no legal obligation to honor your requests. Therefore you have to wait for the judge to rule, grant you the motion to compel, allow you to serve it upon the other party, and give them time to comply. But until and if that motion is granted you have no real option but to wait as there is as yet no violation by the other party in failing to honor the initial request.

Hope that helps and good luck to you!

Customer: replied 3 years ago.

Thank you. But what if the Judge takes no action about the Motion? Like prior Judge?

You are most welcome, Armando. Glad to help.

The issue is that judge has complete discretion in how he or she runs the courtroom or the cases on the docket. The judge had complete discretion in putting off ruling on motions, and not even counsel can somehow force the judge to rule.

About the only other options would be to ask for progress from the judge via his clerk, or if you think he is intentionally violating your rights, to file a complaint accusing the judge of violating the judicial code of conflict. You could then ask for a new judge to take over. But beyond that you do just have to wait and see as even an attorney cannot force a judge to do something he may not want to do.

Good luck.

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