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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112645
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello - I have an active Federal case - Florida local

Resolved Question:

Hello -

I have an active Federal case -

Florida local rule 3.01(g), (Before filing any motion in a civil case...) -

I was warned by the court, that I did not confer with Defendant... -

DO I Have to confer (send them a copy of the Motion before I file) with the Defendant if I am Motioning the Court to order a THIRD PARTY to do something???

Thank you
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
You have to make a good faith effort to confer to see if you can resolve the issue that is subject of the motion and this can be done by sending them a letter with a copy of the UNFILED motion and tell them the letter is your good faith effort as required by the rule to resolve the matter without going to court. Tell them what you want and that you would like to hear from them within 5 business days after which time you will presume they have refused your good faith offer to negotiate and you will file the enclosed motion. That record would satisfy the requirement to confer.


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Customer: replied 5 years ago.

I may hah made a mistake yesterday -

 

I had sent the Defendant (email & letter) a request for documents, I stated that I would Compel the court to Force you into producing these documents -

 

I received NO documents, so I just filed my Motion to Compel without FIRST sending the Defendant a copy of my Motion to Compel -

 

Your opinion?

 

Thanks

Expert:  Law Educator, Esq. replied 5 years ago.
If you can prove you sent the email and letter asking for the documents or you would file a motion to compel, this is an attempt to settle the matter out of court, even if you did not attach the copy of the motion, that is not essential and does not destroy the fact you did try to communicate and resolve the matter without going to court.
Customer: replied 5 years ago.

Ok -

 

Going back to my original question -

 

My Fed. Lawsuit is against, DEFENDANT (Bank) and UNKNOWN DEFENDANTS -

 

My Question:

 

I subpoenaed an UNKNOWN 3rd party -

 

The Subpoenaed UNKNOWN 3rd party did not respond -

 

I am going to Compel the UNKNOWN 3rd party -

 

Do I have to send the DEFENDANT (Bank) a copy of my Motion to Compel (UNKNOWN Defendts) the 3rd party?

 

Thank you

 

 

 

 

 

 

Expert:  Law Educator, Esq. replied 5 years ago.
You send the bank a copy of the motion to compel just like you send all parties copies of all pleadings filed in the case.
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