Family Law Questions? Ask a Family Lawyer Online.
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.
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!
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).